# PACIFIC GAS AND ELECTRIC COMPANY
> **Judicial** · FY1996 · — · Final Order With Penalty
## Case
- **Activity ID:** `52623`
- **Case Number:** 09-1996-0005
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $2.00M
- **Cost recovery:** —
- **Compliance action $:** $6.90M
- **Multimedia (multi-env):** N
## Defendants
- PACIFIC GAS AND ELECTRIC COMPANY (complaint) (settlement)
## Summary

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

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