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.
Applicants' violation of Section 854(a), while serious, did not cause any physical or economic harm to others. The violation of Section 854(a) affected few, if any, consumers. However, our general policy is to accord a high level of severity to any violation of the Public Utilities Code. Further, the unauthorized transfer of Yak America to Blackbird is the second time that Yak America and Yaktastic have violated Section 854(a) in the recent past. However, this factor 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:13
13 1998 Cal. PUC LEXIS 1016, *73 - *75.
