Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 19.00 - Standards of Performance for Emergency Preparation and Restoration of Service for Electric Distribution and Gas Companies
Section 19.05 - Department Investigation into Company Performance; Remedies
Universal Citation: 220 MA Code of Regs 220.19
Current through Register 1531, September 27, 2024
(1) Investigations.
(a) The Department may open an investigation
into a Company's performance regarding emergency preparation or restoration of
service.
(b) The Department shall
open a full investigation upon petition of the Attorney General or by the city
council in an affected city or by the board of selectmen in an affected town to
determine whether a Company violated the Department's standards. A petition for
an investigation shall meet the pleading requirements set forth in
220 CMR
1.04(1): Initial
Pleading. Petitions for an investigation shall be filed with the
Department not later than 90 days after the violation has been
remedied.
(2) Penalties.
(a) If
after investigation the Department finds a violation of the standards
established in
220
CMR 19.03, the Department shall levy a
penalty not to exceed $250,000 for each violation for each day that the
violation of the Department's standards persists; provided, however, that the
maximum penalty shall not exceed $20,000,000 for any related series of
violations. In determining the amount of the penalty, the Department shall
consider, among other factors, the following:
1. the gravity of the violation;
2. the appropriateness of the penalty to the
size of the Company;
3. the good
faith of the Company in attempting to achieve compliance; and
4. the degree of control that the Company had
over the circumstances that led to the violation.
(b) Any penalty levied by the Department
against a Company for any violation of the Department's standards established
in
220
CMR 19.03 shall be credited back to the
Company's customers in a manner determined by the Department.
(3) Recovery of Service Restoration Costs. If after investigation the Department finds that, as a result of the failure of the Company to implement its ERP, the length of the Service Interruptions or outages was materially longer than they would have been but for the Company's failure, the Department may deny the recovery of all, or any part of, the service restoration costs through distribution rates, commensurate with the degree and impact of the Service Interruptions or outages.
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