Section 407-420-8 - Enforcement proceduresA.Gas Safety Staff Actions The Gas Safety Staff may, in their discretion and as appropriate, undertake any of the following actions.
1.Reinforcement ReminderThe Gas Safety Staff may provide a reinforcement reminder to an operator to reinforcing the operator's knowledge of a specific requirement, previously agreed upon action, an upcoming deadline, or compliance issue. A reinforcement reminder may be oral or written, and an operator may, but need not, respond orally or in writing. Written reminders, and responses to those reminders, may be submitted via email.
2.Request for InformationThe Gas Safety Staff may make a written request for information related to the construction, operation, or maintenance of an operator's system and facilities. The operator must respond to the request within 14 calendar days or such other time as specified by the Gas Safety Staff in the request. Written requests for information, and responses to those requests, may be submitted via email.
3.Field Corrective Action When an evaluation or inspection of an operator's records or facilities indicates that the operator is apparently violating this Chapter, the member of the Gas Safety Staff conducting the evaluation or inspection will informally discuss the probable violation with the operator before concluding the evaluation or inspection. Any documentation or physical evidence necessary to support a future allegation of non-compliance may be obtained by the Gas Safety Staff during the inspection. At the discretion of the Gas Safety Staff, on-site corrective action may be taken by the operator of the facilities where the probable violation exists, thus correcting the violation without further action.
4.Warning Letter Upon determining that an operator may have committed a violation of this Chapter, the Gas Safety Staff may issue a written warning notifying the operator of the probable violation and advising the operator to correct the probable violation or be subject to future enforcement action. In its warning letter, the Gas Safety Staff may describe recommended measures the operator may take to ameliorate the violation or prevent future violations. The warning letter may also include the maximum penalty to which the operator could be subject for the probable violation. The operator, in its discretion, may submit a response to a warning letter if one is not otherwise requested.
5.Notice of Probable Violation (NOPV) Upon determining that a probable violation of this Chapter has occurred, the Gas Safety Staff may issue an NOPV. The NOPV may also include a proposed administrative penalty amount and describe the maximum penalty amount to which the operator could be subject for the described violations. A written response from the operator must be filed with the MPUC within 10 days of the time the operator receives the violation notice.
B.Response Options Open to Operator Operators, in responding to an NOPV, may, within 10 days of receipt of the NOPV:
1. Contact Gas Safety Staff to engage in an informal process to reach a mutually agreeable resolution of the NOPV. If this effort is successful, the Gas Safety Staff and the operator will document the resolution of the NOPV with a consent agreement. The MPUC will docket all consent agreements along with a copy of the relevant NOPV in the MPUC's Case Management System, and all consent agreements are subject to approval by the MPUC. At any time in the informal process, the operator or Gas Safety Staff may request that the MPUC appoint a Hearing Examiner pursuant to Section 8(B)(2) of this Chapter; or2. Request the appointment of a Hearing Examiner. Upon request by either the operator or Gas Safety Staff, the MPUC will designate a Hearing Examiner that is not a member of the Gas Safety Staff. Once the MPUC designates a Hearing Examiner, the MPUC will docket and file the NOPV in the MPUC's Case Management System. Once appointed, the Hearing Examiner will establish a date, time, and location for a status conference. The Hearing Examiner will conduct the status conference. During the conference, the Hearing Examiner will review the NOPV, and review and discuss efforts made by the operator and the Gas Safety Staff to identify corrective actions and reach a mutually acceptable resolution of the NOPV. If this effort is successful, the Gas Safety Staff and the operator will document the resolution of the NOPV with a consent agreement which will be subject to approval by the MPUC. If the operator and the Gas Safety Staff are ultimately unable to reach a mutually agreeable resolution of the NOPV, the Hearing Examiner must refer the NOPV to the MPUC for formal resolution.
C.Formal MPUC Action1. When a Hearing Examiner refers a probable violation to the MPUC for formal resolution, the MPUC may take the following actions:a. Issue a cease and desist order pursuant to 35-A M.R.S. §§4515 or 4704;b. Commence an investigation pursuant to 35-A M.R.S. §1303.2. Notwithstanding any other provision of this rule, the MPUC may at any time resolve an alleged violation by approving a consent agreement between the Gas Safety Staff and the operator. A consent agreement is effective only if approved by the MPUC through the issuance of an order.3. In any formal resolution proceeding before the MPUC, the Gas Safety Staff will serve as Prosecutorial Staff and the Hearing Examiner and any other MPUC staff assigned to the proceeding will serve as Advisory Staff.D.Hazardous Facility Orders1. In conjunction with, in addition to, or separate from the MPUC actions described in Section 8(C) above, if the MPUC finds a pipeline facility is hazardous to life or property, it may issue an order requiring the operator to take immediate corrective action, which may include: a. Suspended or restricted use of the facility;2. The MPUC must give the operator written notice and an opportunity for a hearing before issuance of a hazardous facility order unless the MPUC determines there is a serious and imminent threat to life or property. If the MPUC issues the order without a prior hearing, the MPUC must give the operator written notice and an opportunity for a hearing as soon as possible after the order is issued. Any such hearing must be recorded and a member of the MPUC's legal staff that is not a member of the Gas Safety Staff will serve as Hearing Examiner.65-407 C.M.R. ch. 420, § 8