§1.97. Amount of penalty.
16 C.F.R. § 1.97
All penalties assessed under this subchapter shall be in the amount per violation as described in section 333(a) of the Energy Policy and Conservation Act, 42 U.S.C. 6303(a), adjusted for inflation pursuant to § 1.98, unless the Commission otherwise directs. In considering the amount of penalty, the Commission shall take into account:
Respondent's size and ability to pay;
Respondent's good faith;
Any history of previous violations;
The deterrent effect of the penalty action;
The length of time involved before the Commission was made aware of the violation;
The gravity of the violation, including the amount of harm to consumers and the public caused by the violation; and
Such other matters as justice may require.
Notes, amendments, and revision history
Amendments
[32 FR 8444, June 13, 1967, as amended at 61 FR 54548, Oct. 21, 1996]
Source
Source: 45 FR 67318, Oct. 10, 1980, unless otherwise noted.
Authority
Authority: 15 U.S.C. 46; 15 U.S.C. 57a; 5 U.S.C. 552; 5 U.S.C. 601 note.
Source
Source: 32 FR 8444, June 13, 1967, unless otherwise noted.
Amendments
[32 FR 8444, June 13, 1967, as amended at 61 FR 54548, Oct. 21, 1996]