New Jersey Administrative Code
Title 14 - PUBLIC UTILITIES
Chapter 5 - ELECTRIC SERVICE
Subchapter 8 - ELECTRIC DISTRIBUTION SERVICE RELIABILITY AND QUALITY STANDARDS
Section 14:5-8.13 - Penalties

Universal Citation: NJ Admin Code 14:5-8.13

Current through Register Vol. 56, No. 6, March 18, 2024

(a) Civil administrative penalties for violations of the reporting and planning and program submission requirements set out in 14:5-8.3 through 8.9 and 8.11 shall be assessed as follows:

1. For failure to submit complete required reports, programs and plans on the due date set by rule, the EDC may be liable for a penalty of up to $ 5,000 for each day beyond the due date that the report, program or plan is not submitted, up to a maximum of $ 25,000 in total penalties for each violation; provided, however, that upon timely written request to Board staff demonstrating the need for an extension of time, the time for submitting required reports, plans and programs may be extended in appropriate cases.

2. A second or any subsequent failure to submit any required report, plan or program, the EDC may be liable for a penalty of up to $ 50,000.

(b) Civil administrative penalties for violations of this subchapter other than those set out in (a) above may be assessed as follows:

1. For failure to implement the requirements set out in the programs and plans as submitted to the Board or for the willful misrepresentation of fact and/or intentional inaccuracies in any submitted report, plan or program or for violation of any other requirement of this subchapter, an EDC may be liable for a penalty of not more than $ 25,000 for each violation unless mitigating circumstances can be demonstrated by the EDC. For a second or any subsequent violation of the same provision, the EDC may be liable for a penalty of not more than $ 50,000.

2. Each violation of any rule of this subchapter shall constitute an additional, separate and distinct violation.

3. Each day during which a violation continues shall constitute an additional, separate and distinct violation.

(c) Any penalty which may be assessed under this section may be compromised by the Board. In determining the amount of the penalty, or the amount agreed upon in compromise, the Board may consider aggravating and mitigating circumstances including the nature and gravity of the violation; the degree of the EDC's culpability; any history of prior violations; and any good faith effort on the part of the EDC in attempting to achieve compliance.

(d) Penalty assessments are payable to the Treasurer, State of New Jersey and are due within 30 days of service upon the EDC of an order assessing a penalty unless the Board directs otherwise.

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