(a) For a violation of any provision of this chapter or a violation of any regulation or order issued under this chapter, after notice and a hearing, the Commission may:

(1) Suspend or revoke a license of a market participant;

(2) Impose a civil penalty on a market participant or the electric company;

(3) Order a refund or credit to a customer;

(4) Cancel a contract or part of a contract between a customer and a market participant; or

(5) Issue a cease and desist order to a market participant or the electric company.

(b)(1) A civil penalty imposed by the Commission under this section shall not exceed $10,000 per violation.

(2) The Commission shall determine the amount of the civil penalty after considering:

(A) The number of previous violations on the part of the market participant or the electric company;

(B) The gravity and duration of the current violation; and

(C) The good faith of the market participant or the electric company in attempting to achieve compliance after notification of the violation.

(c) The Commission may temporarily suspend a license, issue a temporary cease and desist order, or take any other appropriate temporary remedial action, pending a final determination after notice and hearing, if the Commission determines that there is reasonable cause to believe that customers or the reliability of electric supply in the District of Columbia will be harmed by the actions of a market participant or the electric company.

(d) A proceeding under this section may be initiated by the Commission, the Office of the People’s Counsel, the Office of the Corporation Counsel, or any aggrieved party.

(e) In connection with a proceeding under this section, a market participant or the electric company shall provide to the Commission access to any accounts, books, papers, and documents which the Commission considers necessary to resolve the matter.

(May 9, 2000, D.C. Law 13-107, § 108, 47 DCR 1091.)

This section is referenced in § 34-1504.