of the United States shall have jurisdiction over any action arising under clause (i). (B) Civil penalties (i) In general If an applicant for, or holder of, a certificate of public convenience and necessity makes a material misrepresentation, or if a material misrepresentation is made on behalf of such an applicant or holder, to an affected landowner concerning the energy transmission facility to be constructed or modified under the certificate, the applicant or holder shall be subject to a civil penalty, to be assessed by the Commission, in an amount not to exceed $10,000 per affected landowner to which the misrepresentation was made. (ii) Procedure The penalty described in clause (i) shall be assessed by the Commission after providing notice and an opportunity for a public hearing. (iii) Requirement In determining the amount of a penalty under clause (i), the Commission shall take into consideration the nature and seriousness of the violation. .