1. PURSUANT TO THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SEC. 2601 ET SEQ. 2. PUBLIC SERVICE COMPANY OF NEW MEXICO ALVARADO SQUARE ALBUQUERQUE, NEW MEXICO 87158 3. PSCNM HAS VIOLATED THE REGULATIONS PROMULGATED PURSUANT TO TSCA ON TWO COUNTS: COUNT 1 - RESPONDENT FAILED TO SUBMIT A FORM U FOR THE CHEMICALS LISTED IN THE COMPLAINT, A VIOLATION OF 40 C.F.R. SEC. 710.33(B), A RULE PROMULGATED UNDER SECTION 8(A) OF TSCA, AND THEREBY CON- STITUTES A VIOLATION OF SECTION 15(3)(B) OF TSCA, 15 U.S.C. SEC. 2614 (AVALON PLANT). COUNT 2 - RESPONDENT FAILED TO SUBMIT A FORM U FOR THE CHEMICALS LISTED IN THE COMPLAINT, A VIOLATION OF THE REGULATIONS LISTED ABOVE (INDIAN HILL AMINE PLANT). 4. RELIEF SOUGHT UNDER SECTION 16 OF TSCA, A PROPOSED PEN- ALTY OF $36,000.00 FOR VIOLATIONS AT THE AVALON PLANT (COUNT 1) AND A PROPOSED PENALTY OF $6,000.00 FOR VIO- LATIONS AT THE INDIAN HILLS AMINE PLANT (COUNT 2) FOR A TOTAL OF $42,000.00.