News & Analysis as of

Enforcement Actions Federal Energy Regulatory Commission Energy Sector

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes to Eliminate WECC Soft Price Cap

On July 15, 2025, the Federal Energy Regulatory Commission (FERC or Commission) issued an order proposing to eliminate the soft price cap of $1,000 per megawatt-hour (MWh) for bilateral spot sales in the Western Electricity...more

Foley & Lardner LLP

FERC Issues Guidance on Treatment of Criminal Regulatory Offenses

Foley & Lardner LLP on

On June 16, 2025, the Federal Energy Regulatory Commission (FERC) issued a Notice of Guidance regarding the consistency of its existing policies for referring alleged criminal regulatory offenses to the Department of Justice...more

Clark Hill PLC

Administrative Law Report - February 2025, Vol. 4

Clark Hill PLC on

Welcome to your monthly rundown of all things administrative law, where we highlight all the happenings you may have missed....more

Baker Botts L.L.P.

FERC Approves First Enforcement Settlement Involving Power Plant Operations by Bitcoin Mining Company.

Baker Botts L.L.P. on

Bitcoin mining company pays $1.42 million for violating PJM’s tariff in relation to its power plant operations. On January 30, 2025, the Federal Energy Regulatory Commission (“FERC”) approved a settlement agreement...more

Vinson & Elkins LLP

FERC Settles Decade-Old Enforcement Allegations

Vinson & Elkins LLP on

In 2016, a new play called Hamilton was dominating Broadway, Pokémon Go was all the rage, and the Summer Olympics were held in Rio. Also that year, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued an...more

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes Landmark Penalty for Alleged Energy Efficiency Resource Capacity Market Manipulation

On December 16, 2024, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order to Show Cause and Notice of Proposed Penalty proposing to assess staggering civil penalties against American Efficient,...more

K&L Gates LLP

FERC Issues 2023 Enforcement Report

K&L Gates LLP on

On 16 November 2023, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2023 Annual Report on Enforcement (FY2023 Report). The FY2023 Report is the 8th annual...more

K&L Gates LLP

FERC Approves Enforcement's Settlements With Two Demand Response Providers

K&L Gates LLP on

On 22 May 2023, the Federal Energy Regulatory Commission (FERC) issued two orders approving stipulation and consent agreements that resolve enforcement investigations by FERC’s Office of Enforcement (FERC Enforcement) of two...more

Steptoe & Johnson PLLC

Supreme Court Limits the Use of Federal Administrative Law Judges; Related FERC Cases Pending

Steptoe & Johnson PLLC on

On April 14, 2023, the U.S. Supreme Court issued an opinion that is expected to result in historic changes to the Federal Energy Regulatory Commission’s (FERC) use of in-house administrative law judges (ALJs). In Axon...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

BCLP

Between the lines: Drawing insights from FERC OE's Annual Report on Enforcement

BCLP on

Pursuant to the Federal Energy Regulatory Commission’s (FERC or Commission) Revised Policy Statement on Enforcement, the Commission’s Office of Enforcement (OE) each year publishes “annual statistical reports” summarizing its...more

Morgan Lewis - Power & Pipes

FERC Enforcement ‘Is Back’: FY 2022 Annual Report on Enforcement

On November 17, 2022, the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC or the Commission) released its annual report on enforcement activities (Report). The Report details the FY 2022 efforts...more

Morgan Lewis - Power & Pipes

FERC Proposes to Expand Duty of Candor Rule

FERC recently issued a notice of proposed rulemaking (NOPR) to expand the existing duty of candor rule by adding a requirement in 18 CFR Part 1 that any entity communicating with FERC or other specified organizations related...more

Morgan Lewis

FERC Turns Its Enforcement Efforts Toward Infrastructure Development

Morgan Lewis on

Through its more recent enforcement actions, the Federal Energy Regulatory Commission (FERC or the Commission) has sent a clear message to the energy industry, with its Office of Enforcement (OE) shifting enforcement efforts...more

Troutman Pepper Locke

FERC Denies Motion to Drop Enforcement Action in GreenHat Proceeding, Sparking Dissent from Commissioner Danly

Troutman Pepper Locke on

On January 5, 2022, FERC denied a motion of the Andrew Kittell Estate (“Kittell Estate”) to drop FERC’s enforcement action against GreenHat Energy, LLC (“GreenHat”) because of an October 1, 2021 revelation that FERC’s...more

K&L Gates LLP

FERC Issues 2021 Enforcement Report

K&L Gates LLP on

On 18 November 2021, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2021 Annual Report on Enforcement (FY2021 Report). The FY2021 Report provides an overview...more

Jones Day

JONES DAY TALKS®: Energy Derivatives and Regulatory Enforcement by the CFTC and FERC

Jones Day on

The energy markets are highly regulated, and producers, transmitters, and consumers of energy all use the highly regulated derivatives markets to hedge their energy risks. How do the Commodity Futures Trading Commission...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Wiley Rein LLP

FERC: A Discussion on its Mission, Market Manipulation Investigations, and Common Violations

Wiley Rein LLP on

Wiley partner Erik Baptist and Jeremy Medovoy, Deputy Director of FERC’s Division of Investigations, Office of Enforcement, break down the Federal Energy Regulatory Commission’s (FERC) mission and its anti-market manipulation...more

Akin Gump Strauss Hauer & Feld LLP

Election 2020: What Would a Biden Win Mean for the U.S. Electric Power Sector?

Part One - As the 2020 election nears, the Democratic campaign has begun to talk policy specifics regarding energy and climate change. Although the Trump administration undertook to dismantle many Obama-era policies and...more

Davis Wright Tremaine LLP

FERC Announces Additional Measures to Support Regulated Companies Coping With COVID-19 Conditions

On April 2, 2020, FERC announced additional measures to provide flexibility to regulated entities responding to COVID-19 emergency conditions that disrupt, complicate, or change their normal business operations. We recently...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

Davis Wright Tremaine LLP

FERC Rejects Complaint Alleging Market Manipulation After Chairman Terminates Formal Investigation

Complaints alleging that Dynegy, Inc. (Dynegy) engaged in market manipulation by withholding capacity from the 2015/16 Planning Auction (the 2015/16 Auction) for Local Resource Zone 4 of the Midcontinent Independent System...more

Akin Gump Strauss Hauer & Feld LLP

FERC Rescinds Controversial Enforcement Policy

On May 16, 2019, the Federal Energy Regulatory Commission (FERC or “the Commission”) rescinded its 2009 Notice of Alleged Violations policy. The policy provided for the Director of the Office of Enforcement (“Enforcement”) to...more

56 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide