Code of Federal Regulations Title 18. Conservation of Power and Water Resources § 18.401.96 Factors to be applied in fixing penalty amount

(1) Previous violation, if any, of the Commission's Compact and regulations;

(2) Whether the violation was unintentional or willful and deliberate;

(3) Whether the violation caused adverse environmental consequences and the extent of any harm;

(4) The costs incurred by the Commission or any signatory party relating to the failure to comply with the Commission's Compact and regulations;

(5) The extent to which the violator has cooperated with the Commission in correcting the violation and remediating any adverse consequences or harm that resulted therefrom;  and

(6) Whether the failure to comply with the Commission's Compact and regulations was economically beneficial to the violator.