| that subchapter. The establishment
of these penalty guidelines shall in no way limit the Commission's
authority and discretion to cite violations and assess administrative
penalties. The Commission retains full authority and discretion to
cite violations of Texas Utilities Code, Chapter 121, Subchapter E,
or a safety standard or other rule prescribed or adopted under that
subchapter, and to assess administrative penalties in any amount up
to the statutory maximum when warranted by the facts in any case,
regardless of inclusion in or omission from this section. The penalty
calculation worksheet shown in the table in paragraph (1) of this
subsection lists the typical penalty amounts for certain violators,
the circumstances justifying enhancements of a penalty, and the circumstances
justifying a reduction in a penalty.
(h) Confidentiality. If a gas supply chain facility
operator or a gas pipeline facility operator filing information required
by this section contends certain information is confidential by law,
the operator shall file a complete version of the required information
and a version for public inspection in which the confidential information
has been redacted. If the Commission receives a request under the
Texas Public Information Act (PIA), Texas Government Code, Chapter
552, for materials that have been designated confidential, the Commission
will notify the filer of the request in accordance with the provisions
of the PIA so that the filer can take action with the Office of the
Attorney General to oppose release of the materials.
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