News & Analysis as of

Federal Energy Regulatory Commission Penalties

Cornerstone Research

Estimating Counterfactual Prices in Energy Markets

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The use of factual/counterfactual comparisons—that is, estimating the difference between what actually happened and what would have happened absent an event—is a fundamental tool in the economists’ work box in the context of...more

Foley & Lardner LLP

FERC’s Generator Interconnection Reform Order No. 2023

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The Federal Energy Regulatory Commission (“FERC” or “Commission”) unanimously issued its highly anticipated Order No. 2023, which requires many reforms to pro forma interconnection agreements and procedures under Open Access...more

Pierce Atwood LLP

Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties

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On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to...more

Pierce Atwood LLP

FERC Makes Meaningful Revisions to Interconnection Process with Order No. 2023

Pierce Atwood LLP on

On July 28, 2023, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued Order No. 2023 requiring all public utility transmission providers to adopt reforms to FERC’s pro forma generator interconnection...more

Bracewell LLP

FERC Finalizes Interconnection Queue Reforms

Bracewell LLP on

On July 28, 2023, following up on its June 2022 Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”), the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its long-awaited rulemaking...more

Akin Gump Strauss Hauer & Feld LLP

FERC Increases Maximum Civil Monetary Penalties

On January 6, 2023, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

Troutman Pepper

FERC Rejects Attempts to Waive $75 Million in Pipeline Penalties During Storm Uri

Troutman Pepper on

On October 21, 2021, FERC denied multiple complaints against Panhandle Eastern Pipe Line Company, LP (“Panhandle”) regarding its refusal to waive all penalties associated with Operational Flow Orders (“OFO”) issued during the...more

Morgan Lewis - Power & Pipes

FERC Proposes Penalty for Hydro License Violation

FERC recently issued an order to show cause and notice of proposed penalty to Ampersand Cranberry Lake Hydro LLC for a violation of Ampersand’s hydro license for the Cranberry Lake Project No. 9658 (Cranberry Lake Project)....more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Decision on Statute of Limitations Governing SEC’s Recovery of Disgorgement Also Applies to FERC (but Practical...

On June 5, 2017, the U.S. Supreme Court, in Kokesh v. SEC, unanimously held that the Securities and Exchange Commission (SEC) cannot seek disgorgement of unjust profits obtained outside of the five-year statute of limitations...more

Moore & Van Allen PLLC

Do Not Pass Go: FERC Administrative Proceedings Remain First Stop for Market Manipulation Claims under the Natural Gas Act

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Fraud and energy market manipulation have remained priorities of the Federal Energy Regulatory Commission’s Office of Enforcement (OE) over the past several years. The agency has ramped up its investigative efforts, reporting...more

Cozen O'Connor

May 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update includes DOT’s announcement of the members and meeting schedule of the Advisory Committee on Accessible Air Transportation (Disabled Passenger Negotiated...more

Akin Gump Strauss Hauer & Feld LLP

FERC Orders Civil Penalties and Disgorgement for Manipulation of ISO New England Load Response Program

On August 29, 2013, the Federal Energy Regulatory Commission (FERC) issued three orders assessing civil penalties on, and requiring disgorgement of profits by, Lincoln Paper and Tissue, LLC (Lincoln), Competitive Energy...more

King & Spalding

REGULATORY: FERC: Barclays and JP Morgan Subject to Penalties and Disgorgement of Profits for Market Manipulation

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Two recent Federal Energy Regulatory Commission ("FERC") orders will result in the imposition of civil penalties totaling nearly three quarters of a billion dollars on Barclays Bank PLC ("Barclays") and JP Morgan Ventures...more

Stinson - Corporate & Securities Law Blog

FERC’s BP America Manipulation Show Cause And Proposed $28 Million Penalty Highlights The Interrelationship Between CFTC And FERC...

The Federal Energy Regulatory Commission’s (FERC) August 5, 2013, $28 million show cause order against BP America Inc. and other BP affiliates highlights the interrelationship between the Commodity Futures Trading Commission...more

Davis Wright Tremaine LLP

D.C. Court of Appeals Sets New Precedent in Affirming FERC Enforcement Penalties Against a Seller Making False or Misleading...

The District of Columbia Circuit Court of Appeals, in Kourouma v. FERC, (Docket No. 11-1283, July 23, 2013), has set new precedent affirming FERC’s authority to enforce penalties for a seller’s violation of its Market...more

Eversheds Sutherland (US) LLP

New Reliability Compliance Opportunities in 2013

The Federal Energy Regulatory Commission (FERC) closed out 2012 with several orders affecting reliability compliance. FERC adopted a revised definition of the “bulk electric system,” authorized FERC access to e-Tags used to...more

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