; and (B) the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the utility company committing the violation to remedy the harm caused by the violation in a timely manner. 4. Criminal penalties (a) In general In addition to any penalty applicable under section 3, any utility company that violates section 2 shall be fined under title 18, United States Code, in an amount not to exceed $500,000,000. (b) Enforcement The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General. 5. Enforcement at retail level by State attorneys general (a) In general An attorney general of a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2 of this Act, or to impose the civil penalties authorized by section 3(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act, involving a retail sale. (b) Notice The attorney general of a State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Limitation on State action while Federal action is pending If the Federal Trade Commission or the Federal Energy Regulatory Commission has initiated a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this section during the pendency of that action against any defendant named in the complaint of the Federal Trade