| | | 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 |
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| | | 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. |
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| | | 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. |
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| | | Sec. 30. 35-A MRSA §4512, sub-§1, as enacted by PL 1987, c. 141, Pt. | | A, §6, is repealed. |
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| | | Sec. 31. 35-A MRSA §4512, sub-§2, as enacted by PL 1987, c. 141, Pt. | | A, §6, is amended to read: |
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| | | 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. |
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| | | Sec. 32. 35-A MRSA §4515, as enacted by PL 1987, c. 141, Pt. A, | | §6, is amended to read: |
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| | | §4515. Cease and desist orders |
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| | | 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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