§ 25-a. Combination gas and electric corporations; administrative\nsanctions; recovery of penalties. Notwithstanding sections twenty-four\nand twenty-five of this article: 1. Every combination gas and electric\ncorporation and the officers thereof shall adhere to every provision of\nthis chapter and every order or regulation adopted under authority of\nthis chapter so long as the same shall be in force.\n 2. (a) The commission shall have the authority to assess a civil\npenalty against a combination gas and electric corporation and the\nofficers thereof subject to the jurisdiction, supervision, or regulation\npursuant to this chapter in an amount as set forth in this section. In\ndetermining the amount of any penalty to be assessed pursuant to this\nsection, the commission shall consider: (i) the seriousness of the\nviolation for which a penalty is sought; (ii) the nature and extent of\nany previous violations for which penalties have been assessed against\nthe corporation or officer; (iii) whether there was knowledge of the\nviolation; (iv) the gross revenues and financial status of the\ncorporation; and (v) such other factors as the commission may deem\nappropriate and relevant. The remedies provided by this subdivision are\nin addition to any other remedies provided in law.\n (b) Whenever the commission has reason to believe that a combination\ngas and electric corporation or such officers thereof should be subject\nto imposition of a civil penalty as set forth in this subdivision, it\nshall notify such corporation or officer. Such notice shall include, but\nshall not be limited to: (i) the date and a brief description of the\nfacts and nature of each act or failure to act for which such penalty is\nproposed; (ii) a list of each statute, regulation or order that the\ncommission alleges has been violated; and (iii) the amount of each\npenalty that the commission proposes to assess.\n (c) Whenever the commission has reason to believe that a combination\ngas and electric corporation or such officers thereof should be subject\nto imposition of a civil penalty or penalties as set forth in this\nsubdivision, the commission shall hold a hearing to demonstrate why the\nproposed penalty or penalties should be assessed against such\ncombination gas and electric corporation or such officers.\n 3. Any combination gas and electric corporation determined by the\ncommission to have failed to reasonably comply as shown by a\npreponderance of the evidence with a provision of this chapter,\nregulation or an order adopted under authority of this chapter so long\nas the same shall be in force shall forfeit a sum not exceeding the\ngreater of one hundred thousand dollars or two one-hundredths of one\npercent of the annual intrastate gross operating revenue of the\ncorporation, not including taxes paid to and revenues collected on\nbehalf of government entities, constituting a civil penalty for each and\nevery offense and, in the case of a continuing violation, each day shall\nbe deemed a separate and distinct offense.\n 4. Notwithstanding the provisions of subdivision three of this\nsection, any such combination gas and electric corporation determined by\nthe commission to have failed to reasonably comply with a provision of\nthis chapter, or an order or regulation adopted under the authority of\nthis chapter specifically for the protection of human safety or\nprevention of significant damage to real property, including, but not\nlimited to, the commission's code of gas safety regulations shall, if it\nis determined by the commission by a preponderance of the evidence that\nsuch safety violation caused or constituted a contributing factor in\nbringing about: (a) a death or personal injury; or (b) damage to real\nproperty in excess of fifty thousand dollars, forfeit a sum not to\nexceed the greater of:\n (i) two hundred fifty thousand dollars or three one-hundredths of one\npercent of the annual intrastate gross operating revenue of the\n
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