| (a) Purpose. The purpose of this rule is to establish
a classification system for violations of the Public Utility Regulatory
Act (PURA) and related commission rules and orders, and to establish
a range of penalties that may be assessed for each class of violations.
(b) Classification system.
(1) Class C violations.
(A) Penalties for Class C violations may not exceed
$1,000 per violation per day.
(B) The following violations are Class C violations:
(i) failure to file a report or provide information
required to be submitted to the commission under this chapter within
the timeline required;
(ii) failure by an electric utility, retail electric
provider, or aggregator to investigate a customer complaint and appropriately
report the results within the timeline required;
(iii) failure to update information relating to a registration
or certificate by the commission within the timeline required; and
(iv) a violation of the Electric no-call list.
(2) Class B violations.
(A) Penalties for Class B violations may not exceed
$5,000 per violation per day.
(B) All violations not specifically enumerated as a
Class C or Class A violation are Class B violations.
(3) Class A violations.
(A) Each separate violation of PURA §35.0021,
PURA §38.075, or a commission rule or commission order adopted
under PURA §35.0021 or PURA §38.075 is a Class A violation
and the administrative penalty will not exceed $1,000,000 per violation
per day. Penalties for all other Class A violations will not exceed
$25,000 per violation per day.
(B) The following types of violations are Class A violations
if they create economic harm in excess of $5,000 to a person or persons,
property, or the environment, or create an economic benefit to the
violator in excess of $5,000; create a hazard or potential hazard
to the health or safety of the public; or cause a risk to the reliability
of a transmission or distribution system or a portion thereof.
(i) A violation related to the wholesale electric market,
including protocols and other requirements established by an independent
organization;
(ii) A violation related to electric service quality
standards or reliability standards established by the commission or
an independent organization;
(iii) A violation related to the code of conduct between
electric utilities and their competitive affiliates;
(iv) A violation related to prohibited discrimination
in the provision of electric service;
(v) A violation related to improper disconnection of
electric service;
(vi) A violation related to fraudulent, unfair, misleading,
deceptive, or anticompetitive business practices;
(vii) Conducting business subject to the jurisdiction
of the commission without proper commission authorization, registration,
licensing, or certification;
(viii) A violation committed by ERCOT;
(ix) A violation not otherwise enumerated in this paragraph
(3)(B) of this subsection that creates a hazard or potential hazard
to the health or safety of the public;
(x) A violation not otherwise enumerated in this paragraph
(3)(B) of this subsection that creates economic harm to a person or
persons, property, or the environment in excess of $5,000, or creates
an economic benefit to the violator in excess of $5,000; and
(xi) A violation not otherwise enumerated in this paragraph
(3)(B) of this subsection that causes a risk to the reliability of
a transmission or distribution system or a portion thereof.
(c) Application of enforcement provisions of other
rules. To the extent that PURA or other rules in this chapter establish
a range of administrative penalties that are inconsistent with the
penalty ranges provided for in subsection (b) of this section, the
other provisions control with respect to violations of those rules.
(d) Assessment of administrative penalties. In addition
to the requirements of §22.246 of this title (relating to Administrative
Penalties), a notice of violation recommending administrative penalties
will indicate the class of violation.
|
