LD 1483
pg. 4
Page 3 of 15 An Act To Improve the Ability of the Public Utilities Commission To Enforce Sta... Page 5 of 15
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LR 1461
Item 1

 
A. A complaint for the recovery enforcement of a
forfeiture or an administrative penalty may be made by the
commission or one of its members.

 
B. A suit to recover enforce any forfeiture or
administrative penalty may be brought in the name of the
State in the Superior Court in the county where the main
office of the public utility is located or in Kennebec
County.

 
C. An action commenced by the commission must be
prosecuted by the Attorney General.

 
Sec. 11. 35-A MRSA §116, sub-§6, as enacted by PL 1987, c. 141, Pt.
A, §6, is repealed.

 
Sec. 12. 35-A MRSA §116, sub-§8, ¶D, as enacted by PL 1991, c. 591,
Pt. CC, §2, is repealed.

 
Sec. 13. 35-A MRSA §117, sub-§3, as enacted by PL 1987, c. 141, Pt.
A, §6, is amended to read:

 
3. Administrative penalties. Fines All administrative
penalties collected by the commission which do not constitute
a reimbursement of commission expenses shall must be deposited
into the Public Utilities Commission Reimbursement Fund.__
Administrative penalties not needed to reimburse the
commission for additional expenses associated with the
enforcement activities that resulted in the collection of the
penalty must be deposited in transferred to the General Fund
of the State Treasury.

 
Sec. 14. 35-A MRSA §703, sub-§4, as amended by PL 1987, c. 490, Pt.
A, §2, is repealed.

 
Sec. 15. 35-A MRSA §704, sub-§3, as amended by PL 1999, c. 547, Pt.
B, §76 and affected by §80, is repealed.

 
Sec. 16. 35-A MRSA §704, sub-§4, as enacted by PL 1987, c. 141, Pt.
A, §6 and amended by PL 1999, c. 547, Pt. B, §78 and affected
by §80, is further amended to read:

 
4. Property loss suffered by a customer. Upon a finding by
the District Court of a property loss suffered by a customer
causally related to a willful or reckless violation by a
public utility set out in subsection 3 of any substantive rule
adopted by the commission pursuant to the authority granted in
this section, the court may order the public utility to
compensate the customer for the actual loss, less any set off
setoff for a balance found to be due the utility by the
customer for unpaid utility


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