Civil penalty.
1. Unless another penalty is specifically provided, any public utility, alternative seller, provider of discretionary natural gas service or provider of new electric resources, or any officer, agent or employee of a public utility, alternative seller, provider of discretionary natural gas service or provider of new electric resources who:
(a) Violates any applicable provision of this chapter or chapter 704, 704B, 705 or 708 of NRS;
(b) Violates any rule or regulation of the Commission; or
(c) Fails, neglects or refuses to obey any order of the Commission or any order of a court requiring compliance with an order of the Commission,
Êis liable for a civil penalty not to exceed $1,000 per day for each day of the violation and not to exceed $100,000 for any related series of violations.
2. The amount of any civil penalty to be imposed pursuant to this section, and the propriety of any compromise of a penalty, must be determined by a court of competent jurisdiction upon the complaint of the Commission.
3. Subject to the approval of the court, any civil penalty may be compromised by the Commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered.
4. Any penalty assessed pursuant to this section is not a cost of service of a public utility and may not be included in any new application by a public utility for a rate adjustment or rate increase.
Last modified: February 26, 2006