N.J. Admin. Code § 14:4-3.9

Current through Register Vol. 56, No. 19, October 7, 2024

Section 14:4-3.9 - Violations and penalties

(a) If, as a result of an audit conducted pursuant to 14:4-3.7(e) through (g) or by any other means, the Board determines that an electric and/or gas public utility has committed violations of 14:4-3.3, 3.4, 3.5, 3.7 or 3.8, which are not substantial violations as described in (b) below, the Board is authorized to impose a penalty of up to $ 10,000 for each such violation upon said electric and/or gas public utility.

(b) If, as a result of an audit conducted pursuant to 14:4-3.7(e) through (g) or by any other means, the Board determines, after providing the electric and/or gas public utility notice of a public hearing and an opportunity to be heard, that an electric and/or gas public utility has committed violations of 14:4-3.3, 3.4, 3.5, 3.7 or 3.8, which are substantial in nature so as to result in unfair conpetetive advantages for an electric or gas public utility, the Board is authorized to take some or all of the following actions:

1. Impose a penalty of up to $ 10,000 for each such violation(s);

2. Order appropriate reimbursement to electric and/or gas public utility ratepayers, including interest;

3. For a first violation:

i. Order a violating electric and/or gas public utility to cease some or all competitive product and/or service offerings and form a related competitive business segment of the public utility to perform the competitive product and/or service offerings; or

ii. Order a violating electric and/or gas public utility to cease some or all competitive product and/or service offerings through a related competitive business segment of the public utility holding company; and/or

4. For a second violation:

i. Initiate a hearing to reconsider its approval of the formation of the public utility holding company.

N.J. Admin. Code § 14:4-3.9