THE DEFENDANT, GULF STATES UTILITIES CO., VIOLATED CERCLA SECTIONS 106 AND 107 OF CERCLA 42 USC SECTIONS 9606 AND 9607 BY HAVING ARRANGED FOR THE DISPOSAL OR TREATMENT OF HAZARDOUS WASTE AND THE TRANSPORTATION FOR DISPOSAL OR TREATMENT OF HAZARDOUS SUBSTANCES AT THE INDUSTRIAL TRANS- FORMER FACILITY. * REIMBURSEMENT OF COSTS EXPENDED AT THE SITE IN EXCESS OF $428,919 AND AN ORDER OR DECREE REQUIRING THE DEFENDANT TO PERFORM REMEDIAL DESIGN AND REMEDIAL ACTION OF THE PCB CON- TAMINATED SURFACE SOIL AS SET FORTH IN THE RECORD OF DECI- SION FOR THE FIRST OPERABLE UNIT AT THIS SITE. * EPA REGION 6 HAS HAD EXTENSIVE DEALINGS WITH THE DEFENDANT, GULF STATES UTILITIES CO.(GSU) AND ENTERED AN AO ON CONSENT WITH THE DEF. ON FEB 2, 1989 TO PERFORM A REMOVAL ACTION. THE AGENCY RECEIVED A GOOD FAITH OFFER FROM THE DEFENDANT IN ACCORDANCE WITH CERCLA SECTION 122, 42 USC 9622 ON SEPT 9, 1988 AND HAS BEEN ACTIVELY NEGOTIATING WITH DOJ A PRE- REFERRAL CONSENT DECREE WITH DEFENDANT SINCE THAT TIME. * THE EXTENT TO WHICH THE CONCLUSIONS OF THE ROD FOR THE FIRST OPERABLE UNIT AT THIS SITE REPRESENTS A DIVISIBLE HARM WHICH CAN BE REFLECTED IN THE COVENANT NOT TO SUE IN THE PROPOSED CONSENT DECREE.