The commission shall assess penalties on an electrical corporation that fails to substantially comply with its plan. In determining an appropriate amount of the penalty, the commission shall consider all of the following:
(a) The nature and severity of any noncompliance with the plan, including whether the noncompliance resulted in harm.
(b) The extent to which the commission has found that the electrical corporation complied with its plans in prior years.
(c) Whether the electrical corporation self-reported the circumstances constituting noncompliance.
(d) Whether the electrical corporation implemented corrective actions with respect to the noncompliance.
(e) Whether the electrical corporation knew or in the exercise of reasonable care should have known of the circumstances constituting noncompliance.
(f) Whether the electrical corporation had previously engaged in conduct of a similar nature that caused significant property damage or injury.
(g) Any other factors established by the commission in a rulemaking proceeding, consistent with this section.
(Added by Stats. 2018, Ch. 626, Sec. 39. (SB 901) Effective January 1, 2019.)
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