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This entry was published on 2014-09-22
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SECTION 25
Penalties
Public Service (PBS) CHAPTER 48, ARTICLE 1
§ 25. Penalties. 1. Every public utility company, corporation or
person and the officers, agents and employees thereof shall obey and
comply with every provision of this chapter and every order or
regulation adopted under authority of this chapter so long as the same
shall be in force.

2. Any public utility company, corporation or person and the officers,
agents and employees thereof that knowingly fails or neglects to obey or
comply with a provision of this chapter or an order adopted under
authority of this chapter so long as the same shall be in force, shall
forfeit to the people of the state of New York a sum not exceeding one
hundred thousand dollars constituting a civil penalty for each and every
offense and, in the case of a continuing violation, each day shall be
deemed a separate and distinct offense.

3. Notwithstanding the provisions of subdivision two of this section,
any such public utility company, corporation or person and the officers,
agents and employees thereof that knowingly fails or neglects to obey or
comply with a provision of this chapter, or an order or regulation
adopted under the authority of this chapter, adopted specifically for
the protection of human safety, including but not limited to the
commission's code of gas safety regulations shall, if it is determined
by the commission that such safety violation caused or constituted a
contributing factor in bringing about a death or personal injury,
forfeit to the state of New York a sum not to exceed the greater of:

(a) two hundred and fifty thousand dollars constituting a civil
penalty for each separate and distinct offense; provided, however, that
for purposes of this paragraph each day of a continuing violation shall
not be deemed a separate and distinct offense. The total period of a
continuing violation, as well as every distinct violation, shall be
similarly treated as a separate and distinct offense for purposes of
this paragraph; or

(b) the maximum forfeiture determined in accordance with subdivision
two of this section.

4. Notwithstanding the provisions of subdivision one or two of this
section, a public utility company, corporation or person and the
officers, agents and employees thereof that knowingly fails or neglects
to obey or comply with a provision of this chapter, or an order or
regulation adopted under authority of this chapter, designed to protect
the overall reliability and continuity of electric service, shall
forfeit to the state of New York a sum not to exceed the greater of:

(a) five hundred thousand dollars constituting a civil penalty for
each separate and distinct offense; provided, however, that for purposes
of this paragraph each day of a continuing violation shall not be deemed
a separate and distinct offense. The total period of a continuing
violation, as well as every distinct violation, shall be similarly
treated as a separate and distinct offense for purposes of this
paragraph; or

(b) the maximum forfeiture determined in accordance with subdivision
two of this section.

5. Penalties provided for pursuant to this section shall be recovered
in an action as provided in section twenty-four of this article.

6. Any payment made by a public utility company, corporation or person
and the officers, agents and employees thereof as a result of an action
as provided in section twenty-four of this article and the cost of
litigation and investigation related to any such action shall not be
included by the commission in revenue requirements used to establish
rates and charges.

7. In construing and enforcing the provisions of this chapter relating
to forfeitures and penalties, the act of any director, officer, agent or
employee of a public utility company, corporation or person acting
within the scope of his or her official duties or employment shall be
deemed to be the act of such public utility company, corporation or
person.