1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT, AS AMEND- ED ( TSCA ), 15 U.S.C. SEC. 2615. 2. SOUTHWESTERN PUBLIC SERVICE COMPANY JAMES R. BRANNEN 111 EAST 5TH STREET ROSWELL, NEW MEXICO 3. RESPONDENT WAS IN VIOLATION OF TSCA PCB REGULATIONS BY FAILING TO MARK A PCB CONTAINER, FAILING TO PREPARE AND IMPLEMENT AN SPCC PLAN, INCOMPLETE ANNUAL DOCUMENT FOR 1987, INCOMPLETE ANNUAL DOCUMENT FOR 1986, INCOMPLETE ANNUAL DOCUMENT FOR 1985 AND INCOMPLETE ANNUAL DOCUMENT FOR YEARS 1978 THROUGH 1984. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA PRO- POSES A CIVIL PENALTY OF $48,000.00.