ubstantial damage to the surrounding communities, including washed-out major roads, destruction of homes, and the evacuation of 10,000 residents.
In its decision, the Commission said that, while it is assessing the $15 million penalty, it does not intend payment of the penalty to imperil the recovery of damages by victims of the dam breaches and takes notice that Boyce Hydro’s liquidation plan ensures that the victims’ recovery will be before any recovery of the penalty.
Today’s order follows a December 9, 2020, Order to Show Cause to Boyce Hydro regarding its apparent violation of numerous Commission staff orders and license provisions addressing safety at the Secord, Smallwood, and Sanford projects. In the Order to Show Cause, the Commission directed Boyce Hydro to provide an answer within 30 days as to why the Commission should not assess a $15 million civil penalty.
The Commission today found that Boyce Hydro’s response failed to respond to any of the factual allegations in the Order to Show Cause, and therefore assessed a civil penalty without holding a trial-type hearing.