Section 19.05 - Department Investigation into Company Performance; Remedies(1)Investigations. (a) The Department may open an investigation into a Company's performance regarding emergency preparation or restoration of service.(b) The Department shall open a full investigation upon petition of the Attorney General or by the city council in an affected city or by the board of selectmen in an affected town to determine whether a Company violated the Department's standards. A petition for an investigation shall meet the pleading requirements set forth in 220 CMR 1.04(1): Initial Pleading. Petitions for an investigation shall be filed with the Department not later than 90 days after the violation has been remedied.(2)Penalties. (a) If after investigation the Department finds a violation of the standards established in 220 CMR 19.03, the Department shall levy a penalty not to exceed $250,000 for each violation for each day that the violation of the Department's standards persists; provided, however, that the maximum penalty shall not exceed $20,000,000 for any related series of violations. In determining the amount of the penalty, the Department shall consider, among other factors, the following: 1. the gravity of the violation;2. the appropriateness of the penalty to the size of the Company;3. the good faith of the Company in attempting to achieve compliance; and4. the degree of control that the Company had over the circumstances that led to the violation.(b) Any penalty levied by the Department against a Company for any violation of the Department's standards established in 220 CMR 19.03 shall be credited back to the Company's customers in a manner determined by the Department.(3)Recovery of Service Restoration Costs. If after investigation the Department finds that, as a result of the failure of the Company to implement its ERP, the length of the Service Interruptions or outages was materially longer than they would have been but for the Company's failure, the Department may deny the recovery of all, or any part of, the service restoration costs through distribution rates, commensurate with the degree and impact of the Service Interruptions or outages.Amended by Mass Register Issue 1331, eff. 1/27/2017.