| | | 1. Penalties. The commission shall require an investor-owned | | transmission and distribution utility to divest an affiliated | | competitive provider if the commission determines in an | | adjudicatory proceeding that: |
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| | | 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. 31. 35-A MRSA §4512, sub-§1, as enacted by PL 1987, c. 141, Pt. | | A, §6, is repealed. |
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| | | Sec. 32. 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 | | 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; | | injury resulting to a person from the failure. |
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| | | Sec. 33. 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 | | 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 | | commission shall notify a natural gas pipeline utility against |
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