EPA v. PACIFIC GAS AND ELECTRIC COMPANY

Case 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 AGENCIES UNTIL 1994. THE FAILURE TO INCLUDE THE DATA AND FAILURE TO SUBSE- QUENTLY DISCLOSE ITS OMISSION ARE VIOLATIONS OF THE PERMIT CONDITIONS. IN ADDITION, THE IMPACTS FROM THE COOLING WATER SYSTEM MAY BE SIGNIFICANTLY GREATER THAN PROJECTED IN THE ORIGINAL 316(B) REPORT AND THUS MAY BE IMPAIRING THE BENEFICIAL USES IN VIOLATION OF WATER QUALITY STANDARD REQUIREMENTS OF THE 1990 PERMIT.

Defendants (1)

• PACIFIC GAS AND ELECTRIC COMPANYNamed in complaintNamed in settlement

Facilities (1)

• DIABLO CANYON NUCLEAR POWER PLT

  12 MI SW OF SAN LUIS OBISPO, SAN LUIS OBISPO, CA, 93401

  Registry ID: 110018998450

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PACIFIC GAS AND ELECTRICentered 1998-01-13

  Primary law: CWA

  Federal penalty: $2,000,000 · State/local: $5,100,000

Timeline (7 milestones)

• 1995-11-01Enforcement Action Data Entered
• 1996-04-02Referred To Dept Of Justice
• 1997-05-27Complaint Filed With Court
• 1997-11-07Final Order Lodged
• 1998-01-13Final Order Entered
• 1998-01-13Concluded
• 1998-01-16Enforcement Action Closed