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

D.__The gas utility's ability to pay;

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

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

G.__Such other matters as justice may require.

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

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

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

5.__Limitation on imposing penalty.__Any action that may result in the imposition of an administrative penalty pursuant to this section must be commenced within 5 years after the cause of action accrues.

Sec. 39. 35-A MRSA §7105, sub-§3, as enacted by PL 1991, c. 654, §4 and affected by §5, is repealed.

Sec. 40. 35-A MRSA §7106, sub-§2, ķA, as enacted by PL 1997, c. 702, §1, is amended to read:

A. The commission may impose an administrative penalty against any person who violates this section or any rule or order adopted pursuant to this section. In determining whether to impose a penalty, the commission may consider whether the violation was intentional. The penalty for a violation may be in an amount not to exceed $5,000 for each day the violation continues, up to a maximum of $40,000 for a first offense and a maximum of $110,000 for subsequent offenses. The amount of the penalty must be based on:

(1) The severity of the violation, including the intent of the violator, the nature, circumstances, extent and gravity of any prohibited acts;

(2) The history of previous violations; and

(3) The amount necessary to deter future violations.;