The number and scope of the violations: A single violation is less severe than multiple offenses. A widespread violation that affects a large number of consumers is a more severe offense than one that is limited in scope.
AGS' violation of the Settlement Agreement by the late filing of the second status report, while serious, did not cause any physical or economic harm to others. The record contains no evidence of other violations of the Settlement Agreement by AGS.16 However, AGS' failure to file the second status report on time harmed consumers and the regulatory process, by consuming CPSD's time in enforcing this requirement, which could have been spent on other matters important to the protection of consumers and the public interest. These factors must be weighed against the other factors in determining the amount of the fine.
Criterion 2: Conduct of the Utility
In D.98-12-075, the Commission held that the size of a fine should reflect the conduct of the utility. When assessing the conduct of the utility, the Commission stated that it would consider the following factors:17
16 We do not hold AGS responsible for Coughlin's failure to comply with the divestiture requirements of the Settlement Agreement in an orderly way for the previously stated reasons.
17 1998 Cal. PUC LEXIS 1016, *73 - *75.
