Maryland Public Utility Companies Section 13-202

Article - Public Utility Companies

§ 13-202.

      (a)      In this section, "safety violation" means a condition or activity likely to cause injury or harm to an individual or property.

      (b)      This section does not apply to a safety violation by a gas company that is subject to § 13-203 of this subtitle.

      (c)      (1)      Subject to paragraph (2) of this subsection, a public service company that violates a provision of this article that relates to safety is subject to a civil penalty not exceeding $500 for each violation for each day that the violation persists.

            (2)      The maximum civil penalty may not exceed:

                  (i)      $50,000 for a related series of violations; or

                  (ii)      for a common carrier, $500 for each violation or related series of violations stemming from a single safety inspection.

      (d)      In determining the amount of a civil penalty imposed under this section, the Commission shall consider the:

            (1)      appropriateness of the penalty to the size of the public service company;

            (2)      number of previous violations of this article by the public service company;

            (3)      gravity of the current violation; and

            (4)      good faith of the public service company in attempting to achieve compliance after notification of the violation.

      (e)      The public service company involved may request reconsideration of a penalty imposed under this section within 30 days after the date of notification of the determination.



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