D.__In addition to the administrative penalties authorized by this subsection, the commission may require disgorgement of profits or revenues realized as a result of a violation of this Title, a commission rule or a commission order.

2.__Considerations.__In determining the amount of an administrative penalty under this section, the commission shall take into account:

A.__The severity of the violation, including the intent of the violator and the nature, circumstances, extent and gravity of the prohibited act;

B.__The reasonableness of the violator's belief that the violator's action or lack of action was in conformance with this Title, a commission rule or a commission order;

C.__The violator's history of previous violations;

D.__The amount necessary to deter future violations;

E.__The violator's good faith attempts to comply after notification of a violation; and

F.__Such other matters as justice requires.

Sec. 24. 35-A MRSA §1509, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:

§1509. Limitation on imposing penalty

An action which that may result in the imposition of a civil or criminal an administrative penalty under this chapter shall must be commenced within 5 years after the cause of action accrues.

Sec. 25. 35-A MRSA §1510, as enacted by PL 1989, c. 86, is repealed.

Sec. 26. 35-A MRSA §1510-A is enacted to read:

§1510-A.__Disposition of administrative penalty

Administrative penalties collected by the commission must be deposited in the Public Utilities Commission Reimbursement Fund under section 117.