Rule 515-9-3-.11. Commission Action

1. (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:

   1. (a) The Commission may seek an injunction or mandamus in superior court in cases where immediate action is necessary; or
   2. (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. (2) Any civil penalty imposed by the Commission shall be based on:

   1. (a) the appropriateness in relation to the size of the business of the person charged;
   2. (b) the gravity of the violation;
   3. (c) the good faith of the person charged in attempting to achieve compliance;
   4. (d) history of prior violations; and
   5. (e) other matters as justice may require.

3. (3) The Commission may, pursuant to hearing, order an operator to take corrective action. Failure to obey such an order can result in:

   1. (a) civil penalties under O.C.G.A. Section 46-2-91;
   2. (b) action by the Commission against the operator in superior court;
   3. (c) action by the Commission against the operator in any federal district court having jurisdiction.

Authority: Ga. L. 1878-79, p. 125, 1975, pp. 404-412.

History. Original Rule entitled "Commission Action" adopted. F. Apr. 3, 1987; eff. Apr. 23, 1987.

Amended: F. Aug. 13, 1999; eff. Sept. 2, 1999.