69-8-408. Penalties -- license revocation. (1) The commission may begin a proceeding to revoke or suspend a license of an electricity supplier, impose a penalty, or both, for just cause on the commission's own investigation or upon the complaint of an affected party if it is established that the electricity supplier:
     (a) intentionally provided false information to the commission;
     (b) switched the electricity supply for a customer or caused the electricity supply for a customer to be switched without first obtaining the customer's written permission;
     (c) failed to provide a reasonably adequate supply of electricity for its customers in Montana; or
     (d) committed fraud or engaged in deceptive practices.
     (2) Any person selling or offering to sell electricity in this state in violation of 69-8-404, 69-8-410, and this section is subject to a fine of not less than $100 or more than $1,000 for the violation or a license revocation or suspension. Each day of each violation constitutes a separate violation.
     (3) A license revocation proceeding under this section is a contested case proceeding pursuant to the Montana Administrative Procedure Act, Title 2, chapter 4, part 6.
     (4) (a) If a distribution services provider provides or contracts for the provision of emergency electricity supply and related services to retail customers, the electricity supplier that should have provided the electricity shall reimburse the distribution services provider for the higher of the customers' contracted electricity supply rates or the existing market rates multiplied by the quantity of electricity supply service provided.
     (b) (i) An electricity supplier's failure to deliver electricity supplies and the necessity of an emergency supply response by the distribution services provider pursuant to 69-8-208 are justification for a commission proceeding to revoke or suspend a license of an electricity supplier, impose a penalty, or both.
     (ii) For purposes of this subsection (4), the actual costs and rates for the electricity provided by the distribution services provider as emergency supply must be used as the basis of any fine levied on an electricity supplier pursuant to subsection (4)(b)(i). The fine must be determined by an amount to be applied to actual costs and rates of electricity provided for the emergency service. The commission shall determine the amount to be used and how the amount is applied.
     (5) Fines imposed under this section must be recovered in a civil action upon a complaint filed by the commission in any court of competent jurisdiction.

     History: En. Sec. 25, Ch. 505, L. 1997; amd. Sec. 17, Ch. 565, L. 2003.