LD 1483
pg. 6
Page 5 of 15 An Act To Improve the Ability of the Public Utilities Commission To Enforce Sta... Page 7 of 15
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LR 1461
Item 1

 
does not exceed $25,000.__Each day a violation continues
constitutes a separate offense.__The maximum administrative
penalty may not exceed $500,000 for any related series of
violations.

 
B.__For violations in which a public utility or a
competitive electricity provider was explicitly notified
by the commission that it is not in compliance with the
requirements of this Title, a commission rule or a
commission order and that failure to comply could result
in the imposition of administrative penalties, the
commission may impose an administrative penalty that does
not exceed $500,000.

 
C.__The commission may impose an administrative penalty on
any person that violates this Title, a commission rule or
a commission order in an amount that does not exceed
$1,000.__Each day a violation continues constitutes a
separate offense.__The maximum administrative penalty may
not exceed $25,000 for any related series of violations.

 
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 acts;

 
B.__The history of any previous violations;

 
C.__The amount necessary to deter future violations;

 
D.__Good faith attempts to comply after notification of a
violation; and

 
E.__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repealed.


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