6-B. Failure to notify. An excavation that is made without the excavator providing any or all of the notices required by this section that results in any damage to an underground facility or facilities is prima facie evidence in any civil or administrative proceeding that the damage was caused by the negligence of the excavator.

Sec. 6. 23 MRSA §3360-A, sub-§11, as enacted by PL 1997, c. 229, §2, is repealed and the following enacted in its place:

11.__ Enforcement.__The Public Utilities Commission is authorized to investigate the operation of the system and to adopt procedures necessary and appropriate to gather information and hear and resolve complaints for failure to comply with the provisions of this section.

Sec. 7. 23 MRSA §3360-A, sub-§12, as enacted by PL 1997, c. 229, §2, is amended to read:

12. Injunctions; costs. The owner or operator of an underground facility or the Public Utilities Commission may commence an action in a court of competent jurisdiction seeking a temporary restraining order or injunction to prevent a person from undertaking an excavation that may result in damage to the underground facility. The court may issue a temporary restraining order or injunction if the court determines that the excavation or proposed excavation:

A. Is being conducted or is likely to be conducted in a negligent or unsafe manner; and

B. Is causing or is likely to cause damage to the underground facility.

If the owner or operator prevails in an action brought pursuant to this subsection, the owner or operator is entitled to an award of the costs of bringing the action, including reasonable attorney's fees.

Sec. 8. 35-A MRSA §102, sub-§8, as amended by PL 1999, c. 143, §2, is further amended to read:

8. Gas utility. "Gas utility" includes every person, that person's lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any gas plant for compensation within this State, except when gas is made or produced on and distributed by the maker or producer through