News & Analysis as of

Energy Sector Civil Monetary Penalty

Stoel Rives LLP

Oregon’s Building Performance Standards: ODOE Finalizes Incentive Program Rules

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Oregon is implementing a new regulatory framework for energy efficiency that will significantly impact the commercial and multifamily real estate sectors. As part of this new framework, the Oregon Department of Energy (ODOE)...more

Akin Gump Strauss Hauer & Feld LLP

FERC Increases Maximum Civil Monetary Penalties for 2025

On January 6, 2025, 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

Beveridge & Diamond PC

DOE Issues Unprecedented $25 Million Penalty for Violations of Federal Appliance Efficiency Standards

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Capping a four-year effort to revitalize enforcement under its Appliance and Equipment Standards Program, earlier this week, the U.S. Department of Energy (DOE) announced that it had assessed and collected a civil penalty of...more

Vinson & Elkins LLP

FERC Enforcement Uses Duty of Candor Rule to Impose Penalties on PJM Utility for Allegations Related to Transmission Planning...

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The Federal Energy Regulatory Commission’s (“FERC” or “Commission”) Office of Enforcement (“Enforcement”) continues to focus on enforcing its duty of candor rules, with a recent action resulting in a $6.6 million civil...more

Jenner & Block

Client Alert: Under Jarkesy, FERC’s Penalty Assessment Schemes Are Unconstitutional

Jenner & Block on

In SEC v. Jarkesy, the Supreme Court considered whether the Seventh Amendment permits the SEC “to compel respondents to defend themselves before the agency rather than before a jury in federal court.” The Court held that the...more

Perkins Coie

FERC Enforcement Authority After SCOTUS Jarkesy Decision

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On June 27, 2024, in SEC v. Jarkesy, the Supreme Court of the United States held that a respondent to a U.S. Securities and Exchange Commission (SEC) securities fraud action seeking civil monetary penalties is entitled to a...more

Morgan Lewis - Up & Atom

DOE Increases Civil Monetary Penalties Under 10 CFR Part 810

The US Department of Energy (DOE) has published a final rule increasing civil monetary penalties (CMPs) for unintentional violations of 10 CFR Part 810 (Part 810). The rule, which took effect on January 9, 2024, increases the...more

Balch & Bingham LLP

FERC Issues Landmark Generator Interconnection Reforms

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On July 28, 2023, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 2023, its long- awaited final rule implementing sweeping reforms to generator interconnection processes. Order No. 2023 comes in the context...more

Morgan Lewis - Up & Atom

Inflation Drives Another Large Increase in NRC’s Maximum Civil Monetary Penalties

The NRC recently issued a final rule in the Federal Register, along with a corresponding update to its Enforcement Policy, that updated the maximum amounts of civil monetary penalties it can impose for violations. Because...more

Morgan Lewis - Power & Pipes

FERC Increases Maximum Civil Monetary Penalty

The Federal Energy Regulatory Commission (FERC) issued a final rule on January 12 amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within FERC’s...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

The Volkov Law Group

Tenaris Pays SEC $78 Million to Resolve FCPA Violations

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The SEC announced another FCPA settlement in 2022.  FCPA enforcement, in general, is picking up.  Tenaris, a global supplier of steel pipes and related services for the energy industry, agreed to pay the SEC $78 million to...more

Morgan Lewis - Up & Atom

Large Increase in NRC’s Maximum Civil Monetary Penalty Amounts Fueled by Rising Inflation

The US Nuclear Regulatory Commission (NRC) issued a final rule in the Federal Register on January 14 updating the maximum amounts of civil monetary penalties it can impose. Reflecting the price challenges in the larger US...more

Troutman Pepper Locke

$15 Million Civil Penalty Assessed for Licensee Failure to Respond to FERC Directives Following Michigan Dam Breaches

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In an April 15 order, the Federal Energy Regulatory Commission (FERC, or the Commission) imposed a historic $15 million civil penalty on the licensee for the Sanford, Secord, and Smallwood Dams in Michigan for failing to...more

Cozen O'Connor

1st Amendment Win For Credit Card Surcharges| Texas Sues Over Electricity Bills | Dodgy COVID Fees

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2022 AG Elections- Former South Dakota Attorney General Steps Back into Contention for AG’s Office- •Marty Jackley, who formerly served as U.S. Attorney for South Dakota, South Dakota AG, and President of the National...more

Troutman Pepper Locke

FERC Issues Order Proposing Substantial Penalty for Licensee in Michigan Dam Failure

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The Federal Energy Regulatory Commission (FERC) has issued an order proposing a $15 million civil penalty in response to the failure of a licensee to respond to FERC dam safety orders in the wake of the failure of the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Increases Maximum Civil Monetary Penalties

On January 8, 2021, 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

Eversheds Sutherland (US) LLP

Update on recent US sanctions developments - Nord Stream 2 sanctions and Exxon Mobil decision

This briefing is intended to provide an update on two recent developments under the US sanctions regime. ..The first one is the introduction of US sanctions related to the Nord Stream 2 pipeline project, which threaten to...more

Morgan Lewis

NRC Adjusts Maximum Civil Monetary Penalty Amount

Morgan Lewis on

The US Nuclear Regulatory Commission (NRC) issued a final rule in the Federal Register on January 15 updating the maximum amounts of civil monetary penalties it can impose. The final rule revises 10 CFR 2.205(j) to increase...more

Dorsey & Whitney LLP

FERC Asks a Federal Court to Enforce Civil Penalties against a Marketer and Trader

Dorsey & Whitney LLP on

Last fall, FERC assessed civil penalties against an electric marketer and trader for alleged market manipulation, and when the bill went unpaid asked a Federal court in California to enforce the penalties. At issue is (1)...more

Akin Gump Strauss Hauer & Feld LLP

FERC Increases Maximum Civil Monetary Penalties

On January 2, 2020, 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

Blank Rome LLP

FERC Issues Penalty Assessment in Vitol CAISO Market Manipulation Proceeding

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The Federal Energy Regulatory Commission issued an Order Assessing Civil Penalties, imposing approximately $1.5 million in civil penalties on Vitol Inc. and one million dollars in penalties on a Vitol trader. In a departure...more

Morgan Lewis

DOE Publishes Proposed Rule for Part 810 Civil Monetary Penalties

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The US Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in the October 3 Federal Register to establish procedures for imposing civil monetary penalties for violations of 10 CFR Part 810 (Part 810)....more

Blank Rome LLP

FERC Issues Show Cause Order Proposing $6.8M in Civil Penalties to Vitol Inc. and Individual Trader and $1.2M Disgorgement for...

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Recently, FERC issued an Order to Show Cause why Vitol Inc. and its co-director of financial transmission rights trading should not be found to have engaged in market manipulation by selling physical power in CAISO at a loss...more

Akin Gump Strauss Hauer & Feld LLP

FERC Assesses Significant Civil Penalty Against Natural Gas Pipeline for Allegedly Violating Certificate

On January 7, 2019, the Federal Energy Regulatory Commission (FERC or “the Commission”) issued an Order approving a settlement between its Office of Enforcement (Enforcement) and Algonquin Gas Transmission, LLC (Algonquin)...more

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