Noncompliance

Any Distribution Company, Owner, or Authorized Agent of an STGU that fails to comply with the requirements of 225 CMR 28.00 and accompanying Guidelines shall be subject to the provisions in 225 CMR 28.17(1) through (3). (1) Notice of Noncompliance. A failure to substantially comply with the requirements of 225 CMR 28.00 and accompanying Guidelines shall be determined by the Department on a case by case basis. A written Notice of Noncompliance shall be prepared and delivered by the Department to any Distribution Company, Owner, or Authorized Agent of an STGU that fails to comply with the requirements of 225 CMR 28.00, and to the DPU, as applicable. The Notice of Noncompliance shall describe the requirement(s) with which the Distribution Company, Owner, or Authorized Agent failed to comply, the time period of such noncompliance, and any remedial actions necessary to come back into compliance. (2) Publication of Notice of Noncompliance. A Notice of Noncompliance may be published on the Department's website and in anyother media deemed appropriate bythe Department. Such publication may remain posted until the Distribution Company, Owner, or Authorized Agent returns to compliance as determined by the Department. The Department may also maintain a historical record of Notices of Noncompliance on the Department's website. (3) Suspension or Revocation of Statement of Qualification. The Department may suspend or revoke a Statement of Qualification or compensation rate adder if the Owner of an STGU or Authorized Agent of the Owner fails to comply with any provisions in 225 CMR 28.00 or fails to complete any remedial actions detailed in a notice of noncompliance.