A. Is being conducted or is likely to be conducted in a negligent or unsafe manner; and

B. Is causing or is likely to cause damage to the underground facility.

If the owner or operator prevails in an action brought pursuant to this subsection, the owner or operator is entitled to an award of the costs of bringing the action, including reasonable attorney's fees.

Sec. 5. 25 MRSA §2933, sub-§4, as amended by PL 2001, c. 667, Pt. C, §16, is further amended to read:

4. Penalties. On petition by the bureau, the Public Utilities Commission, in an adjudicatory proceeding, may impose the following administrative penalties for a violation by a local exchange carrier of subsection 1 or 2 or any rules adopted by the bureau implementing subsection 1 or 2:

A. An administrative penalty of up to $1,000 for each day of the violation; and

B. In extraordinary cases, as determined by the Public Utilities Commission, revocation of the commission's authorization of the local exchange carrier's authority to provide local exchange service in this State.

Penalties collected by the commission under this subsection must be deposited in the Public Utilities Commission Reimbursement Fund under Title 35-A, section 117.

Sec. 6. 25 MRSA §2933, last ¶, as enacted by PL 2001, c. 53, §2, is amended to read:

Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A.

Sec. 7. 35-A MRSA §112, sub-§4, ¶A, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:

A. The commission may require, by order or subpoena to be served on any public utility or its agent in the same manner that a summons is served in a civil action in the Superior