Section 1.97 - Amount of penaltyAll penalties assessed under this subchapter shall be in the amount per violation as described in section 333(a) of the Energy Policy and Conservation Act, 42 U.S.C. 6303(a) , adjusted for inflation pursuant to § 1.98 , unless the Commission otherwise directs. In considering the amount of penalty, the Commission shall take into account:
(a) Respondent's size and ability to pay;(b) Respondent's good faith;(c) Any history of previous violations;(d) The deterrent effect of the penalty action;(e) The length of time involved before the Commission was made aware of the violation;(f) The gravity of the violation, including the amount of harm to consumers and the public caused by the violation; and(g) Such other matters as justice may require.32 FR 8444, June 13, 1967, as amended at 61 FR 54548, Oct. 21, 1996