There's a process of negotiation. As the chair--and it's the same for the other board members--we are not party to any of the negotiations because we may at some time have to sit on an adjudicative panel, but our staff does do a lot of negotiation.
The staff will point out that the price is excessive; the company will respond that they didn't count this or that, and then there's a lot of middle road. If the company agrees to the staff's position, then this voluntary compliance undertaking goes on, and usually a VCU will result in some payback of excessive revenues.