Md. Code Regs. 20.57.02.05

Current through Register Vol. 52, No. 1, January 10, 2025

Section 20.57.02.05 - Notice of Probable Violation

A. General.

(1) The Division may issue a NOPV upon finding good cause to believe a violation of the federal Natural Gas Pipeline Safety Act, 49 U.S.C. § 1671 et seq., as amended, which is incorporated by reference, or Public Utilities Article, Annotated Code of Maryland, has occurred.

(2) The NOPV may contain a proposed compliance order.

(3) A gas company or gas master meter operator shall respond in writing within 30 days after receipt of a NOPV.

(4) The Commission may waive the requirements of §A(3) of this regulation upon written request from a gas company or gas master meter operator demonstrating sufficient cause.

B. Contents of Notice of Probable Violation. A NOPV shall include:

(1) A statement of the statute, regulation, or rule allegedly violated by a gas company or gas master meter operator;

(2) A description of the evidence indicating a possible violation;

(3) Notice of response options available to the gas company or gas master meter operator;

(4) If appropriate, the amount of the proposed civil penalty and the maximum civil penalty applicable under law; and

(5) If appropriate, a statement of the remedial action being sought in a compliance order.

C. Response Options. A gas company or gas master meter operator shall respond to the NOPV as follows:

(1) If a NOPV contains a proposed compliance order, a gas company or gas master meter operator may:

(a) Agree to the proposed compliance order;

(b) Request the execution of a consent order;

(c) Object to the proposed compliance order and submit written explanations, information, or other materials in answer to the allegations in the notice; or

(d) Request a hearing under Public Utilities Article, Annotated Code of Maryland; and

(2) If the NOPV contains a proposed civil penalty, a gas company or gas master meter operator may:

(a) Pay the penalty;

(b) Submit an offer in compromise of the proposed civil penalty;

(c) Object to the proposed civil penalty and submit a written explanation, information, or other material to mitigate the proposed civil penalty; or

(d) Request a hearing under Public Utilities Article, Annotated Code of Maryland.

Md. Code Regs. 20.57.02.05

Regulation .05A amended effective March 26, 2007 (34:6 Md. R. 629)