Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 12.00 - Standards Of Conduct For Distribution Companies And Their Affiliated Companies
Section 12.05 - Penalties

(1) Any Distribution Company or Affiliate that violates any provision of 220 CMR 12.05 shall be subject to a civil penalty not to exceed $ 25,000 for each violation for each day that the violation persists; provided, however, that the maximum civil penalty shall not exceed $ 1,000,000 for any related series of violations. Any such penalty shall be determined by the Department after a public hearing.

(2) In determining the amount of any penalty assessed pursuant to 220 CMR 12.05(1), the Department will consider the following: the appropriateness of the penalty to the size of the business of the Distribution Company or Affiliate charged; the gravity of the violation; the good faith of the Distribution Company or Affiliate in attempting to achieve compliance after notification of a violation; and any other criteria deemed appropriate by the Department under the circumstances.

(3) Nothing in 220 CMR 12.00 shall be construed to confer immunity from state and federal Antitrust Laws. A penalty assessed pursuant to 220 CMR 12.00 does not affect or preempt antitrust liability but rather is in addition to any antitrust liability that may apply to the activity.