40-425. Penalty for violations not otherwise provided for; separate and continuing offenses; responsibility of corporation for acts of officers, agents or employees
A. Any public service corporation that violates or fails to comply with the constitution or this chapter or that fails or neglects to obey or comply with any order, rule or requirement of the commission, the penalty for which is not otherwise provided, is subject to a penalty of not less than one hundred nor more than five thousand dollars for each offense.
B. Each violation is a separate offense, but violations continuing from day to day are one offense.
C. In enforcing penalties the act or omission of any officer, agent or employee of a public service corporation, acting within the scope of the person's duties or employment is the act, omission or failure of such corporation.
D. Notwithstanding any other provision in this chapter, the exclusive remedy or penalty for any alleged or actual violation by a public service corporation, or any alleged or actual violation by or procured by a public service corporation's officer, agent or employee, of any constitutional provision or any commission rule based on any constitutional provision specifying or relating to the type of electric generation resources a public service corporation must acquire or use is civil and limited to the penalties specified in this section.
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