NAC704.7919. Penalties: Generally.

     1. A penalty assessed by the Commission must reflect the actual or potential injury, or both, to ratepayers and competitors, and the gravity of the violation.

     2. Repeated violations will require more severe penalties.

     3. In addition to any other penalties, the Commission may subject a distribution company to a penalty of not more than $20,000 for each time the distribution company:

     (a) Violates a provision of NAC 704.789 to 704.792, inclusive;

     (b) Fails to perform a contractual duty; or

     (c) Fails, neglects or refuses to obey an order, regulation, directive or requirement of the Commission.

     4. Penalties for a supplier of a noncompetitive natural gas distribution service are limited pursuant to the provisions of NRS 703.380.

     5. The Commission may deem a violation that continues for more than 1 day to be a separate violation for each day the violation continues.

     6. A penalty or other remedy imposed by the Commission will in no manner preclude the right of a party to pursue a private action in a court of competent jurisdiction.

     7. A fine or penalty collected pursuant to the provisions of NAC 704.789 to 704.792, inclusive, must be deposited in the State Treasury pursuant to NRS 703.147 for the purposes identified therein.

     8. For each violation of the provisions of NAC 704.789 to 704.792, inclusive, the affiliate shall include in one monthly billing packet a notice, written by the Commission, that informs the public of the substance of the violation and explains how members of the public can report similar violations in the future.

     9. The penalties set forth in this section do not preclude any other penalty from being imposed pursuant to NAC 704.789 to 704.792, inclusive, or any other provision of law.

     (Added to NAC by Pub. Utilities Comm’n by R087-98, eff. 2-3-99)