33396 Federal Register / Vol. 63, No. 117 /Thursday, June 18, 1998 / Notices

the Comprehensive Environmental

Response, Compensation, and Liability

Act, as amended (‘‘CERCLA’’), for

reimbursement of costs incurred and to

be incurred for response actions taken

or to be taken at or in connection with

the release or threatened release of

hazardous substances at the Route 940

Drum Site in Tobyhanna Township,

Monroe County, Pennsylvania, and a

declaration of liability for further

response costs to be incurred at the Site.

Under the terms of the Consent Decree,

the Estate of Herman Martens and Emil

Wagner will pay $335,000, John Baymor

will pay $40,000, and Summit Tool

Corporation will pay $25,000. In

addition, Emil Wagner (or his estate)

will be obligated to pay to the United

States the sum of $300,000 if either one

of two contingencies occurs.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the consent

decree. Comments should be addressed

to the Assistant Attorney General for the

Environment and Natural Resources

Division, Department of Justice,

Washignton, D.C., 20530, and should

refer to United States v. J.E.M. a

Partnership, DOJ Ref. #90–11–3–1539.

The consent decree may be examined

at the Office of the United States

Attorney, 228 Walnut Street, Harrisburg,

PA; the Region III Office of the

Environmental Protection Agency, 841

Chestnut Street, Philadelphia, PA; and

at the Consent Decree Library, 1120 G

Street, NW 4th Floor, Washington, D.C.

20005, (202) 624–0892. A copy of the

consent decree may be obtained in

person or by mail from the Consent

Decree Library, 1120 G Street, NW, 4th

Floor, Washington, D.C. 20005. In

requesting a copy please refer to the

referenced case and enclose a check in

the amount of $12.50 (25 cents per page

reproduction cost), payable to the

Consent Decree library.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 98–16212 Filed 6–17–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Safe Drinking Water

Act

In accordance with Departmental

policy, 28 CFR 50.7, and 42 U.S.C.

9622(d), notice is hereby given that on

May 19, 1998, the United States, on

behalf of the United States

Environmental Protection Agency, filed

with the United States District Court for

the Western District of Washington a

modification to the Consent Decree that

was entered on June 5, 1996, in United

States v. Selleck, Inc. and Robert E.

Schaefer, Civil Action No. C93–1004Z.

The modification amends the June 5,

1996 Consent Decree in light of the

defendants’ agreement to convey the

Selleck Water Supply System in its

entirety to the Kangley Water

Association. Accordingly, the parties

agree that their June 5, 1996 Consent

Decree should be modified so that only

Section III.B (permanent injunction

against Robert E. Schaefer) and Section

XIV (retention by the district court of

jurisdiction) will remain operative and

in effect. This modification is expressly

conditioned upon the successful

completion of the defendants’

conveyance to the Kangley Water

Association.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

modification to the June 5, 1996

Consent Decree. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, D.C. 20530, and

should refer to United States v. Selleck,

Inc. and Robert E. Schaefer, DOJ Ref.

#90–5–1–1–5029.

A copy of the proposed modification

to the Consent Decree may be obtained

in person or by mail from the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202)

624–0892. In requesting copies of the

consent decree, please refer to United

States v. Selleck, Inc. and Robert E.

Schaefer. If you are requesting a copy

from the Consent Library, please enclose

a check payable to the Consent Decree

Library in the amount of $1.00 (25 cents

per page reproduction costs).

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and natural Resources Division.

[FR Doc. 98–16213 Filed 6–17–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Antitrust Division

Proposed Final Judgment and

Competitive Impact Statement; United

States v. Enova Corporation

Notice is hereby given pursuant to the

Antitrust Procedures and Penalties Act,

15 U.S.C. § 16(b)–(h), that a proposed

Final Judgment, Stipulation, and

Competitive Impact Statement have

been filed with the United States

District Court for the District of

Columbia in United States v. Enova

Corporation, Civil No. 98–CV–583

(TFH). The proposed Final Judgment is

subject to approval by the Court after

the expiration of the statutory 60-day

public comment period and compliance

with the Antitrust Procedures and

Penalties Act, 15 U.S.C. § 16(b)–(h).

On March 9, 1998, the United States

filed a Complaint seeking to enjoin a

transaction in which Pacific Enterprises

(‘‘Pacific’’) would merge with Enova

Corporation (‘‘Enova’’). Pacific is a

California gas utility company and

Enova is a California electric utility

company. Enova sells electricity from

plants that use coal, gas, nuclear power,

and hydropower. Pacific is virtually the

sole provider of natural gas and

transportation storage services to plants

in southern California. The proposed

merger would have created a company

with both the incentive and the ability

to lessen competition in the market for

electricity in California. The Complaint

alleged that the proposed merger would

substantially lessen competition in the

market for electricity in California

during high demand periods in

violation of Section 7 of the Clayton

Act, 15 U.S.C. § 18.

The proposed Final Judgment, filed

contemporaneously with the Complaint,

(1) orders Enova to sell certain of its

generating assets to a purchaser or

purchasers acceptable to the United

States; and (2) limits Enova’s ability to

acquire similar assets. The Stipulation

also imposes a hold separate agreement

that, in essence, requires the defendant

to ensure that, until the divestiture

mandated by the Final Judgment has

been accomplished, Enova’s generators

subject to the divestiture will be held

separate and apart from, and operated

independently of, any of its other Enova

assets and businesses. A competitive

Impact Statement filed by the United

States describes the Complaint, the

proposed Final Judgment, and remedies

available to private litigants.

Public comment is invited within the

statutory 60-days comment period. Such

comments, and responses thereto, will

be published in the Federal Register

and filed with the Court. Written

comments should be directed to Roger

W. Fones, Chief, Transportation, Energy,

and Agriculture Section, Antitrust

Division, 325 Seventh Street, NW., Suite

500, Washington, DC 20530 (telephone

(202) 307–6351).

Copies of the Complaint, Stipulation,

proposed Final Judgment, and

Competitive Impact Statement are

available for inspection in Room 215 of

the U.S. Department of Justice, Antitrust