N.Y. Public Service Law § 25: Penalties

§ 25. Penalties. 1. Every public utility company, corporation or

person and the officers, agents and employees thereof shall obey and

comply with every provision of this chapter and every order or

regulation adopted under authority of this chapter so long as the same

shall be in force.

2. Any public utility company, corporation or person and the officers,

agents and employees thereof that knowingly fails or neglects to obey or

comply with a provision of this chapter or an order adopted under

authority of this chapter so long as the same shall be in force, shall

forfeit to the people of the state of New York a sum not exceeding one

hundred thousand dollars constituting a civil penalty for each and every

offense and, in the case of a continuing violation, each day shall be

deemed a separate and distinct offense.

3. Notwithstanding the provisions of subdivision two of this section,

any such public utility company, corporation or person and the officers,

agents and employees thereof that knowingly fails or neglects to obey or

comply with a provision of this chapter, or an order or regulation

adopted under the authority of this chapter, adopted specifically for

the protection of human safety, including but not limited to the

commission's code of gas safety regulations shall, if it is determined

by the commission that such safety violation caused or constituted a

contributing factor in bringing about a death or personal injury,

forfeit to the state of New York a sum not to exceed the greater of:

(a) two hundred and fifty thousand dollars constituting a civil

penalty for each separate and distinct offense; provided, however, that

for purposes of this paragraph each day of a continuing violation shall

not be deemed a separate and distinct offense. The total period of a

continuing violation, as well as every distinct violation, shall be

similarly treated as a separate and distinct offense for purposes of

this paragraph; or

(b) the maximum forfeiture determined in accordance with subdivision

two of this section.

4. Notwithstanding the provisions of subdivision one or two of this

section, a public utility company, corporation or person and the

officers, agents and employees thereof that knowingly fails or neglects

to obey or comply with a provision of this chapter, or an order or

regulation adopted under authority of this chapter, designed to protect

the overall reliability and continuity of electric service, shall

forfeit to the state of New York a sum not to exceed the greater of:

(a) five hundred thousand dollars constituting a civil penalty for

each separate and distinct offense; provided, however, that for purposes

of this paragraph each day of a continuing violation shall not be deemed

a separate and distinct offense. The total period of a continuing

violation, as well as every distinct violation, shall be similarly

treated as a separate and distinct offense for purposes of this

paragraph; or

(b) the maximum forfeiture determined in accordance with subdivision

two of this section.

4-a. (a) Notwithstanding the provisions of subdivision one or two of

this section, any public utility company or corporation, and the

officers, agents or employees thereof that knowingly makes a false

material statement, representation or certification to the commission in

any rate proceeding shall forfeit to the state of New York a sum not to

exceed two hundred fifty thousand dollars. Each false material

statement, representation or certification shall constitute a separate

and distinct offense for purposes of this section.

(b) A public utility company or corporation, and the officers, agents

or employees thereof that discover that a false material statement,

representation or certification was previously made to the commission in

relation to a rate proceeding shall disclose such false material

statement, representation or certification to the commission within

three business days of discovery. Failure to make such disclosure shall

constitute a knowing violation of this subdivision and shall cause such

public utility company or corporation and the officers, agents or

employees thereof to be liable for forfeiture pursuant to this

subdivision.

5. Penalties provided for pursuant to this section shall be recovered

in an action as provided in section twenty-four of this article.

6. Any payment made by a public utility company, corporation or person

and the officers, agents and employees thereof as a result of an action

as provided in section twenty-four of this article and the cost of

litigation and investigation related to any such action shall not be

included by the commission in revenue requirements used to establish

rates and charges.

7. In construing and enforcing the provisions of this chapter relating

to forfeitures and penalties, the act of any director, officer, agent or

employee of a public utility company, corporation or person acting

within the scope of his or her official duties or employment shall be

deemed to be the act of such public utility company, corporation or

person.