Page:United States Statutes at Large Volume 92 Part 3.djvu/589

 PUBLIC LAW 95-619—NOV. 9, 1978

92 STAT. 3221

(1) promulgate a plan which meets the requirements of section 213, and (2) under such plan, by order, require each regulated utility in the State to offer, no later than 90 days following the date of issuance of such order, to its residential customers a utility program prescribed in such order which meets the requirements specified in section 215 (except with respect to a utility for which such requirements are inapplicable by reason of section 2 1 6 (f)). For purposes of applying section 213(c) in the case of a plan promulgated by the Secretary under this section, the references to the Governor or State agency shall be treated as references to the Secretary. (b) NoNREGULATED UTILITIES.—If a uouregulatcd utility which is not covered by an approved State plan under section 212 does not have a plan approved under section 212(c) within 270 days after promulgation of rules under section 212(a) or within such additional period as the Secretary may allow pursuant to section 212(c)(1), or if the Secretary determines that such nonregulated utility has not adequately implemented an approved plan, the Secretary shall, by order, require such nonregulated utility to— (1) promulgate a plan which meets the requirements of section 214 and which applies to the residential buildings which would have been covered h a d such a plan been so approved or implemented, and (2) under such plan, by order, require the nonregulated utility to offer, not later than 90 days following the date of issuance of such order, to its residential customers a utility program prescribed in such order which meets the requirements specified in section 215 (except in the case of a nonregulated utility for which such requirements are inapplicable by reason of section 2 1 6 (f)). (c) FAILURE TO COMPLY W I T H ORDERS.—If the Secretary determines

Petition, filing,

that any public utility to which an order has been issued pursuant to subsection (a) or (b) has failed to complj?^ with such order, he may file a petition in the appropriate United States district court to enjoin such utility from violating such order. (d) CIVIL P E N A L T Y. — (1) Any public utility which violates any requirement of a plan promulgated under subsection (a) or (b) or which fails to comply with an order under subsection (a) or (b) within 90 days from the issuance of such order shall be subject to a civil penalty of not more than $25,000 for each violation. E a c h d a y that such violation continues shall be considered a separate violation. (2)(A) Notwithstanding section 402(d) of the Department of Energy Organization Act, a civil penalty under this subsection shall 42 USC 7172. be assessed by an order of the Secretary. (B) Before issuing an order assessing a civil penalty against any person under this section, the Secretary shall provide to such person notice of the proposed penalty. Such notice shall inform such person of his opportunity to elect in writing within 30 days after receipt of such notice to have the procedures of paragraph (4) (in lieu of those of paragraph (3)) apply with respect to such assessment, (3)(A) Unless an election in writing is made within 30 calendar days after receipt of notice under paragraph (2) to have paragraph (4) apply with respect to such penalty, the Secretary shall assess the penalty, by order, after a determination of violation has been made on the record after an opportunity for an agency hearing pursuant to section 554 of title 5, United States Code, before an administrative law

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