The Role of Precedent Clause Samples

The Role of Precedent. The Commission has described this criterion as follows: Penalties are assessed in a wide range of cases. The penalties assessed in cases are not usually directly comparable. Nevertheless, when a case involves reasonably comparable factual circumstances to another case where penalties were assessed, the similarities and differences between the two cases should be considered in setting the penalty amount.15 14 Enforcement Policy, p. 19. 15 Enforcement Policy, p. 21. While not binding precedent, prior settlements are useful for comparison, with the acknowledgement that settlements involve compromise positions. CPED considered the facts of this matter with a recent Southern California Gas Company (SoCalGas) deposits case (Resolution UEB-012) for which the Commission adopted a final resolution on April 6, 2023. In Resolution UEB-012, the Commission approved the settlement agreement between SoCalGas and CPED for improper collection of residential and small business deposits during the COVID- 19 customer protection period and after the issuance of D.▇▇-▇▇-▇▇▇, which eliminated deposits for residential customers. Under Resolution UEB-012, SoCalGas agreed to pay a total of $2.7 million at shareholders’ expense. Of that amount, nearly $2.1 million was paid to customers who were improperly charged a deposit. The parties allocated $213,725 to SoCalGas’ Gas Assistance Fund and $400,000 in penalties payable to the State of California’s General Fund. The total number of Bolt’s affected customers is only a fraction compared to SoCalGas’ violations, which billed 33,115 residential and small business customers deposits for establishment or reestablishment of service from May 7, 2020 through April 21, 2021, and 16,709 of these customers paid the deposit. Furthermore, ▇▇▇▇’s case has additional mitigating factors, such as the contention that ▇▇▇▇’s unlawful billing of ETFs stemmed from a difference in interpretation of tariff rules and the fact that ▇▇▇▇ has already voluntarily refunded and foregone all lawfully collected ETFs in a show of good will and to prevent any further alleged violations. As such, the CPED believes the penalty imposed in this case is reasonable and is in proportion to the harm caused by ▇▇▇▇’s actions.
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Related to The Role of Precedent

  • Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor’s Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor’s Response to RFO DIR-TSO-TMP-398, including all addenda; and ▇▇▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇-▇▇▇-▇▇▇-▇▇▇, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. In the event of a conflict between the documents listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions.

  • Termination for Convenience TIPS may, by written notice to Vendor, terminate this Agreement for convenience, in whole or in part, at any time by giving thirty (30) days’ written notice to Vendor of such termination, and specifying the effective date thereof.

  • Further Assurances Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby.

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