Section 16.12 - Non-complianceAny Retail Electricity Supplier or Owner or Operator of an APS Alternative Generation Unit that fails to comply with the requirements of 225 CMR 16.00 shall be subject to the following provisions:
(1)Notice of Non-compliance. A failure to comply with the requirements of 225 CMR 16.00 shall be determined by the Department. A written Notice of Non-compliance shall be prepared and delivered by the Department to any Retail Electricity Supplier or Owner or Operator of an APS Alternative Generation Unit that fails to comply with the requirements of 225 CMR 16.00. The Notice of Non-compliance shall describe the Requirement(s) with which the Retail Electricity Supplier, Owner, or Operator failed to comply and the time period of such non-compliance.(2)Publication of Notice of Non-compliance. A Notice of Non-compliance may be published on the Department's website at www.mass.gov/orgs/massachusetts-department-of-energy-resources and in any other media deemed appropriate by the Department. Such publication may remain posted until the Retail Electricity Supplier or Owner or Operator returns to compliance as determined by the Department.(3)Planning Requirement. A Retail Electricity Supplier that fails to meet the requirements of 225 CMR 16.07 during a Compliance Year shall submit a plan for achieving compliance for the subsequent three years. The plan shall be filed with the Department no later than the first day of September of the Compliance Year subsequent to the Compliance Year for which the Retail Electricity Supplier was out of compliance or such date as the Department may specify.(4)Suspension or Revocation of License. The Department shall refer its findings of non-compliance to the Massachusetts Department of Public Utilities. A Retail Electricity Supplier that fails to comply with 225 CMR 16.00 may be subject to the Massachusetts Department of Public Utilities Licensure Action under 220 CMR 11.07(4)(c)1.Amended by Mass Register Issue 1355, eff. 12/29/2017.Amended by Mass Register Issue 1394, eff. 6/28/2019.