Sec. 34. 35-A MRSA §4516-A is enacted to read:

§4516-A.__Administrative penalty

1.__Violation of this Title.__The commission may impose an administrative penalty on a natural gas pipeline utility that violates any provision of this Title relating to safety of pipeline facilities or transportation of gas or any rule issued under this Title in an amount not to exceed $100,000 for each violation.__Each day of violation constitutes a separate offense.

2.__Maximum administrative penalty.__The maximum administrative penalty may not exceed $1,000,000 for any related series of violations.

3.__Determining amount of penalty.__In determining the amount of the penalty, the commission shall consider the following:

A.__The nature, circumstances and gravity of the violation;

B.__The degree of the natural gas pipeline utility's culpability;

C.__The natural gas pipeline utility's history of prior offenses;

D.__The natural gas pipeline utility's ability to pay;

E.__Any good faith by the natural gas pipeline utility in attempting to achieve compliance;

F.__The effect on the natural gas pipeline utility's ability to continue in business; and

G.__Such other matters as justice may require.

4.__Payment of penalty.__The amount of the administrative penalty may be:

A.__Deducted from any sums owing by the State to the natural gas pipeline utility; or

B.__Recovered in a civil action in the state courts.