ON APRIL 2, 1996, THE REGION REFERRED A CLEAN WATER ACT CASE AGAINST PG&E TO THE DEPARTMENT OF JUSTICE. THIS REFERRAL ALLEGES VIOLATIONS OF PG&E'S NPDES PERMIT FOR THE DIABLO CANYON NUCLEAR POWER PLANT. THE VIOLATIONS ARISE OUT OF THE FAILURE TO INCLUDE AND LATER DISCLOSE THE OMISSION OF DATA REQUIRED AS PART OF THE 316(B) STUDY. THE REFERRAL SEEKS CIVIL PENALTIES AND INJUNCTIVE RELIEF TO ADDRESS THE IMPACTS FROM THE COOLING WATER INTAKE SYSTEM. THE STATE OF CALIFORNIA WILL ALSO BE PURSING THIS CASE AND HAS ASKED EPA TO JOIN IN A COORDINATED ACTION. PACIFIC GAS AND ELECTRIC COMPANY OWNS AND OPERATES THE DIABLO CANYON NUCLEAR POWER PLANT. THIS PLANT USES SEA WATER FOR COOLING ITS CONDENSERS AND THEN DISCHARGES THE HEATED WATER TO THE PACIFIC OCEAN. IT BEGAN OPERATIONS IN 1985 AND HAS BEEN REGULATED UNDER TWO SUCCESSIVE NPDES PERMITS ISSUED BY THE REGIONAL WATER QUALITY CONTROL BOARD IN 1985 AND 1990. THE 1985 PERMIT REQUIRED SUBMISSION OF A REPORT TO DEMONSTRATE COMPLIANCE WITH SECTION 316(B) OF THE CLEAN WATER ACT. THE REPORT WAS DUE BY MAY 1988. ALTHOUGH PG&E SUBMITTED A REPORT IN APRIL 1988 PURPORTING TO COMPLY WITH SECTION 316(B), IT WAS LATER LEARNED THAT PG&E HAD OMITTED CRITICAL DATA FROM THE REPORT WHICH MAY HAVE ALTERED ITS CONCLUSIONS. EMPLOYEES BROUGHT THE OMITTED DATA TO PG&E'S ATTENTION IN JANUARY 1992, YET PG&E FAILED TO DISCLOSE THE DATA TO THE REGULATING AG