LD 1483
pg. 8
Page 7 of 15 An Act To Improve the Ability of the Public Utilities Commission To Enforce Sta... Page 9 of 15
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LR 1461
Item 1

 
A. The distribution utility or an affiliated competitive
provider has knowingly violated section 3205 or section
3206 or any rule adopted by the commission pursuant to
those sections; and

 
B. The violation resulted or had the potential to result
in substantial injury to retail consumers of electric
energy or to the competitive retail market for electric
energy.

 
The commission may impose administrative penalties of up to
$100,000 for a violation of section 3205 or section 3206 or
any rule adopted by the commission pursuant to those sections.
Each day of a violation constitutes a separate offense. In
addition, the commission may require disgorgement of profits
or revenues realized as a result of a violation of section
3205 or section 3206 or any rule adopted by the commission
pursuant to those sections. Penalties collected by the
commission under this section must be deposited in the Public
Utilities Commission Reimbursement Fund under section 117.

 
Sec. 30. 35-A MRSA §4512, sub-§1, as enacted by PL 1987, c. 141, Pt.
A, §6, is repealed.

 
Sec. 31. 35-A MRSA §4512, sub-§2, as enacted by PL 1987, c. 141, Pt.
A, §6, is amended to read:

 
2. Damages. In addition to the forfeiture provided in
subsection 1 administrative penalty imposed pursuant to this
Title, a natural gas pipeline utility that fails to comply
with an order of the commission shall reimburse any person
whose property is damaged as a result of the failure for the
amount of the property damage; and be liable in double damages
for any injury resulting to a person from the failure.

 
Sec. 32. 35-A MRSA §4515, as enacted by PL 1987, c. 141, Pt. A,
§6, is amended to read:

 
§4515. Cease and desist orders

 
A The commission may order a natural gas pipeline utility
to cease and desist from operating or acting in violation of a
statute or rule or order of the commission may be enjoined
from the operation or action upon complaint addressed to the
Superior Court and brought by the commission. Whenever
practicable, the commission shall notify a natural gas
pipeline utility against whom an action for injunctive relief
a cease and desist order is contemplated and afford it an
opportunity to present its views and, except in the case of a
knowing and willful violation, shall afford it reasonable
opportunity to comply. Failure to notify and afford such an
opportunity does not preclude the granting of appropriate
relief.


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