News & Analysis as of

Federal Energy Regulatory Commission Civil Monetary Penalty

Akin Gump Strauss Hauer & Feld LLP

FERC Approves Settlement with Bitcoin Mining Company for Violations of PJM Must-Offer Requirements

On January 30, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) approved a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (OE) and Stronghold Digital Mining Inc....more

Troutman Pepper Locke

FERC Issues Nearly $1B Market Manipulation Penalty Regarding Alleged Energy Efficiency Projects

Troutman Pepper Locke on

On December 16, 2024, the Federal Energy Regulatory Commission (“FERC”) directed American Efficient, LLC, its subsidiaries, and corporate parents (collectively, “American Efficient”) to show cause why American Efficient...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

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

Perkins Coie on

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

Bracewell LLP

Supreme Court Declares SEC Lacks In-House Authority to Impose Civil Penalties

Bracewell LLP on

The United States Supreme Court struck another major blow to the Securities Exchange Commission’s enforcement arsenal, finding that its oft-used practice of imposing monetary penalties in its in-house administrative...more

Mintz - Securities Litigation Viewpoints

Supreme Court in Jarkesy Limits the SEC’s Powers to Use In-House Administrative Courts

On June 27, the Supreme Court issued its decision in the closely-watched SEC v. Jarkesy, holding that the SEC could no longer seek civil monetary penalties for fraud in its in-house courts consistent with the Seventh...more

Vinson & Elkins LLP

Supreme Court Oral Argument in Jarkesy Laser-Focused on Seventh Amendment Trial Right in Agency Civil Penalty Enforcement Actions

Vinson & Elkins LLP on

On November 29, 2023, the Supreme Court heard oral argument in a critically important administrative law case, Securities and Exchange Commission v. Jarkesy, No. 22-859. This case carries enormous potential consequences for...more

Pierce Atwood LLP

FERC Releases Fiscal Year 2023 Annual Enforcement Report

Pierce Atwood LLP on

The Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (OE) recently issued its Fiscal Year 2023 Annual Report on Enforcement. As in previous years, the Enforcement Report discusses the activities performed...more

Balch & Bingham LLP

FERC Issues Landmark Generator Interconnection Reforms

Balch & Bingham LLP on

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 - 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

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

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

Morgan Lewis

Fourth Circuit Sides with FERC on Statute of Limitations in Some FPA Enforcement Proceedings

Morgan Lewis on

The US Court of Appeals for the Fourth Circuit  resolved a question of first impression on February 11 on when the statute of limitations period commences for civil enforcement claims brought by the Federal Energy Regulatory...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

Blank Rome LLP on

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

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...

Blank Rome LLP on

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

Akin Gump Strauss Hauer & Feld LLP

FERC Increases Maximum Civil Monetary Penalties

On January 8, 2019, the Federal Energy Regulatory Commission (FERC) issued a Final Rule amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

Akin Gump Strauss Hauer & Feld LLP

FERC Wins Statute of Limitations Fight in Market Manipulation Enforcement Case, But Uncertainty Remains

On January 4, 2019, the United States District Court for the District of Maine handed the Federal Energy Regulatory Commission (FERC or “the Commission”) a victory in FERC v. Silkman, a long-running market manipulation...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Hands FERC Procedural Victory in Market Manipulation Enforcement Case While Confirming Statute of Limitations is a...

On September 24, 2018, the U.S. District Court for the Eastern District of Virginia denied defendants’ motion to dismiss the Federal Energy Regulatory Commission’s (FERC or “the Commission”) complaint in FERC v. Powhatan...more

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