LD 1483
pg. 9
Page 8 of 16 PUBLIC Law Chapter 505 Page 10 of 16
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LR 1461
Item 1

 
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:

 
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

 
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.

 
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.

 
Sec. 31. 35-A MRSA §4512, sub-§1, as enacted by PL 1987, c. 141, Pt.
A, §6, is repealed.

 
Sec. 32. 35-A MRSA §4512, sub-§2, as enacted by PL 1987, c. 141, Pt.
A, §6, is amended to read:

 
2. Damages. In addition to the forfeiture provided in
subsection 1 administrative penalty imposed pursuant to this
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; and be liable in double damages for any
injury resulting to a person from the failure.

 
Sec. 33. 35-A MRSA §4515, as enacted by PL 1987, c. 141, Pt. A, §6,
is amended to read:

 
§4515. Cease and desist orders

 
A The commission may order a natural gas pipeline utility to
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. Whenever practicable, the
commission shall notify a natural gas pipeline utility against


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