515-9-3-.11 Commission Action

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:

The Commission may seek an injunction or mandamus in superior court in cases where immediate action is necessary; or

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.

Any civil penalty imposed by the Commission shall be based on:

the appropriateness in relation to the size of the business of the person charged;

the gravity of the violation;

the good faith of the person charged in attempting to achieve compliance;

history of prior violations; and

other matters as justice may require.

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

civil penalties under O.C.G.A. Section 46-2-91;

action by the Commission against the operator in superior court;

action by the Commission against the operator in any federal district court having jurisdiction.