D. Implementation and Enforcement Approach

The GO both implements and enforces the standards adopted pursuant to section 761.3. The GO's implementing provisions set forth the facilities and persons covered by the GO (section 2.0 plus other specific exemption provisions), the standards that must be satisfied (sections 3.0 to 9.0), provisions for monitoring whether generators are in compliance with the various standards (sections 10.0 and 11.0), and certain miscellaneous matters such as the confidentiality of information (section 15.0). The GO's enforcement provisions set forth the procedures and sanctions that will be used by the Commission to remedy violations of the GO (sections 12.0 to 14.0).

The monitoring provisions rely chiefly on (a) self-reporting by generators who must submit compliance documents and certifications indicating they are in compliance with applicable standards; (b) Commission monitoring, by CPSD, of generator data submitted to the CAISO, other governmental agencies, and the North American Electric Reliability Council (NERC); (c) information and document requests; and (d) CPSD on-site audits, investigations, tests, and inspections of Generating Assets.

The GO provides detailed procedures for sanctioning violations of the GO. Most of these provisions follow existing Commission enforcement practices. In order to expeditiously resolve minor violations or violations where the facts are not reasonably in dispute, the GO provides a voluntary opportunity for generators to accept a specified fine for the violation.

In their comments, some generators have criticized the GO as imposing a "strict liability" approach to enforcement. "Strict liability" is a tort concept, meaning "liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe,"¹⁵ and is not commonly used to describe administrative enforcement. The GO does require adherence to the standards and other obligations set forth therein, and this obligation exists whether or not the generator intended a violation or was negligent or reckless. This approach is consistent with our prior general orders. The GO provides that sanctions for violations may be enhanced or mitigated depending on the factual circumstances surrounding the violation.

Finally, the GO sets forth detailed procedures for generators to claim confidentiality for documents or other information.