Page:United States Statutes at Large Volume 92 Part 3.djvu/770

 92 STAT. 3402

PUBLIC LAW 95-621—NOV. 9, 1978 (3) ENFORCEMENT OF INCREMENTAL PRICING.—The

Secretary,

the Commission, or, on the request of the Secretary of Energy or the Commission, the Attorney General, may institute a civil action for injunctive or other equitable relief as may be appropriate to assure compliance with the provisions of section 205 requiring the passthrough of surcharges paid under section 204 by any local distribution company with respect to n a u t r a l gas delivered to incrementally priced industrial facilities served by such company. Such action may be instituted i n any district court of the United States in the State in which such local distribution company conducts business or in the District Court of the United States for the District of Columbia.

Ante, p. 3378. Ante, p. 3375.

(4) R E L I E F AVAILABLE.—In any action under paragraph

(1),

(2), or (3), the court shall, upon a proper showing, issue a temporary restraining order or preliminary or permanent injunction without bond. I n any such action, the court may also issue a mandatory injunction commanding any person to comply with any applicable provision of law, rule, or order, or ordering such other legal or equitable relief as the court determines appropriate, including refund or restitution. (5) C R I M I N A L REFERRAL.—The Commission may t r a n s m i t such

J. •

evidence as may be available concerning any acts or practices constituting any possible violations of the Federal antitrust laws to the Attorney General who may institute appropriate criminal proceedings. (6) C IV I L PENALTIES.—

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Ante, p. 3382. Ante, p. 3383.

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(A) IN GENERAL.—Any person who knowingly violates any provision of this Act, or any provision of any rule or order under this Act, shall be subject to— (i) except as provided in clause (ii) a civil penalty, which the Commission may assess, of not more than $5,000 for any one violation; and (ii) a civil penalty, which the President may assess, of not more than $25,000, in the case of any violation of, ^ ^ a^j^ order under section 302 or an order or supplemental order under section 303. (B) DEFINITION OF K NOW I N G. — For purposes of subpara-

g r a p h (A), the term "knowing" means the having of— (i) actual knowledge; or (ii) the constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances. (C)

E A C H DAT SEPARATE VIOLATION.—For purposes of t h i s

paragraph, in the case of a continuing violation, each day of violation shall constitute a separate violation. (D)

ii., i

STATUTE OF LIMITATIONS.—No person shall be subject

to any civil penalty under this paragraph with respect to any violation occurring more than 3 years before the date on which such person is provided notice of the proposed penalty under subparagraph (E). The preceding sentence shall not apply in any case in which an untrue statement of material fact was made to the Commission or a State or Federal agency by, or acquiesced to by, the violator with respect to the acts or omissions constituting such violation, or if there was omitted a material fact necessary in order to make any statement made by, or acquiesced to by, the violator with

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