The Respondent may either pay the penalty or submit a Notice of Appeal. The procedures for issuing citations and for filing a Notice of Appeal are set forth in Appendix A hereto. Each citation may assess the maximum penalty amount provided for by § 2107. Pursuant to § 2108, each violation is a separate and distinct offense and to the extent that a violation is ongoing, each day’s continuance is a separate and distinct citable offense. Thus, Staff shall originally assess penalties on a daily basis. However, Staff then has the discretion to reduce the maximum penalties based upon consideration of the factors set forth in Public Utilities Code § 1702.5(a) (1), § 2104.5, Commission Decision 98-12-075, and Resolution ALJ-277, issued April 20, 2012. Payment of a citation or filing an appeal does not excuse the corporation from curing the violation, nor does it prevent Staff or the Commission from taking other remedial measures, including, but not limited to, (i) issuing corrective orders and other compliance orders, such as an expedited order to show cause; and/or (ii) proposing or issuing an OII. The Commission has a mandate to ensure that utilities provide safe and reliable service at reasonable rates; authorizing Staff to issue citations is necessary to fulfill that mandate. Consistent with that mandate, the Commission requires that the cited corporations correct any violations as soon as feasible, consistent with maintaining a safe and reliable system while prioritizing the safety of the public and electrical corporation employees. If the violations cannot be corrected within thirty calendar days, then the Respondent shall submit a detailed Compliance Plan to the Director of SED reflecting the soonest that the corporation can correct the violations. In addition, notwithstanding a Compliance Plan or a repair schedule, penalties may continue to accrue for each day of an ongoing violation until the violation is corrected. SED is authorized to assess penalties up to the maximum level provided by § 2107 to protect the public interest, as well as to ensure compliance with the Commission’s orders and the Public Utilities Code. Staff is directed to take account of the factors listed in § 1702.5(a) (1), § 2104.5, D.98-12-075, and Resolution ALJ-277 in issuing citations and assessing the penalty and the number of offenses.
The Respondent may either pay the penalty or submit a Notice of Appeal. The procedures for issuing citations and for filing a Notice of Appeal are set forth in Appendix A hereto. Each citation may assess the maximum penalty amount provided for by § 2107. Pursuant to § 2108, each violation is a separate and distinct offense and to the extent that a violation is ongoing, each day’s continuance is a separate and distinct citable offense. Thus, Staff shall originally assess penalties on a daily basis. However, Staff then has the discretion to reduce the maximum penalties based upon consideration of the factors set forth in Public Utilities Code § 1702.5(a) (1), § 2104.5, Commission Decision 98-12-075, and Resolution ALJ-277, issued April 20, 2012. Payment of a citation or filing an appeal does not excuse the corporation from curing the violation, nor does it prevent Staff or the Commission from taking other remedial measures, including, but not limited to, (i) issuing corrective orders and other compliance orders, such as an expedited order to show cause; and/or (ii) proposing or issuing an OII. The Commission has a mandate to ensure that utilities provide safe and reliable service at reasonable rates; authorizing Staff to issue citations is necessary to fulfill that mandate. Consistent with that mandate, the Commission requires that the cited corporations correct any violations as soon as feasible, consistent with maintaining a safe and reliable system while prioritizing the safety of the public and electrical corporation employees. If the violations cannot be corrected within thirty calendar days, then the Respondent shall submit a detailed Compliance Plan to the Director of SED reflecting the soonest that the corporation can correct the violations. In addition, notwithstanding a Compliance Plan or a repair schedule, penalties may continue to accrue for each day of an ongoing violation until the violation is corrected. SED is authorized to assess penalties up to the maximum level provided by § 2107 to protect the public interest, as well as to ensure compliance with the Commission’s orders and the Public Utilities Code. Staff is directed to take account of the factors listed in § 1702.5(a) (1), § 2104.5, D.98-12-075, and Resolution ALJ-277 in issuing citations and assessing the penalty and the number of offenses.
91638006.docx