Commission Discussion and Findings Sample Clauses

Commission Discussion and Findings. Indiana Code ch. 8-1-22.5 provides the procedure for the Commission to find violations of the chapter and issue civil penalties. Indiana Code § 8-1-22.5-4 permits the Division to require compliance with pipeline safety standards. Indiana Code § 8-1-22.5-7 permits the Commission, upon the finding of a violation, to issue civil penalties not to exceed twenty-five thousand dollars ($25,000) for each violation for each day that the violation persists, with the maximum civil penalty not to exceed one million dollars ($1,000,000) for any related series of violations. These penalties may be imposed “after notice and opportunity for public hearing.” The Settlement provides for performance metrics and increased communication between the Division and NIPSCO. It contains an agreement on a penalty for past violations as well as an agreement on penalties for future violations. It also requires implementation of a pipeline safety management system. Settlement agreements presented to the Commission are not ordinary contracts between private parties. United States Gypsum, Inc. v. Indiana Gas Co., 735 N.E.2d 790, 803 (Ind. 2000). Any settlement agreement that is approved by the Commission “loses its status as a strictly private contract and takes on a public interest gloss.” Id. (quoting Citizens Action Coalition v. PSI Energy, Inc., 000 X.X.0x 401, 406 (Ind. Ct. App. 1996)). Thus, the Commission “may not accept a settlement agreement merely because the private parties are satisfied; rather [the Commission] must consider whether the public interest will be served by accepting the settlement agreement.” Citizens Action Coalition, 664 N.E.2d at 406. Furthermore, any Commission decision, ruling or order—including the approval of a settlement agreement—must be supported by specific findings of fact and sufficient evidence. United States Gypsum, 735 N.E.2d at 795 (citing Citizens Action Coalition v. Public Service Co., 000 X.X.0x 330, 331 (Ind. 1991)).
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Related to Commission Discussion and Findings

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