Rule 515-9-3-.11 - Commission Action(1) If the proposed solution as outlined is not satisfactory to the Gas Pipeline Safety Director and/or his staff, the violation shall be referred to the Public Service Commission for formal resolution in either of the following manners: (a) The Commission may seek an injunction or mandamus in superior court in cases where immediate action is necessary; or(b) The Commission may issue a show cause order and/or schedule a hearing requiring the operator to demonstrate why the operator should not be subject to the penalties set forth by the O.C.G.A. Section 46-2-91. This section permits a penalty not to exceed $15,000.00 for such violation and an additional penalty not to exceed $10,000.00 for each day during which such violation continues.(2) Any civil penalty imposed by the Commission shall be based on: (a) the appropriateness in relation to the size of the business of the person charged;(b) the gravity of the violation;(c) the good faith of the person charged in attempting to achieve compliance;(d) history of prior violations; and(e) other matters as justice may require.(3) The Commission may, pursuant to hearing, order an operator to take corrective action. Failure to obey such an order can result in: (a) civil penalties under O.C.G.A. Section 46-2-91;(b) action by the Commission against the operator in superior court;(c) action by the Commission against the operator in any federal district court having jurisdiction.Ga. Comp. R. & Regs. R. 515-9-3-.11
Ga. L. 1878-79, p. 125, 1975, pp. 404-412.
Original Rule entitled "Commission Action" adopted. F. Apr. 3, 1987; eff. Apr. 23, 1987.Amended: F. Aug. 13, 1999; eff. Sept. 2, 1999.