Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities
Section 69.03 - Commencement of Enforcement Proceedings

(1) Warning Letters. Upon determining that a probable violation of 220 CMR 20.00, 101.00 through 115.00, or 49 CFR Parts 40, 192, 193 and 199 has occurred or is occurring, the Department may issue a warning letter notifying the owner or operator of the probable violation and advising the owner or operator to correct it or be subject to enforcement action under 220 CMR 69.03(2) through 69.09. No such warning letter will be deemed to be based on a finding or adjudication by the Department that a violation exists, nor will it constitute evidence that a violation exists.

(2) Notice of Probable Violation. The Department may begin an enforcement proceeding by issuing a notice of probable violation (NOPV) if the Department has reason to believe that a violation of 220 CMR 20.00: Steam Distribution Companies, 101.00 through 115.00, or 49 CFR Parts 40, 192, 193 and 199 has occurred or is occurring. The NOPV may be issued by the Commission or its designee. The NOPV shall state the provision(s) of the codes, regulations or rules which the respondent is alleged to have violated and the evidence upon which the allegations are based, shall give notice of response options available to the respondent under 220 CMR 69.04, and, if a civil penalty is proposed, shall state the amount of the proposed civil penalty and the maximum civil penalty for which the respondent may be liable under law.