The US federal government’s evolving role in overseeing transmission development took another leap forward after the Federal Energy Regulatory Commission (FERC) issued Orders 1920 and 1977, two new rules that mark FERC’s...more
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
US Senators Maria Cantwell (D-WA) and Catherine Cortez Masto (D-NV) introduced legislation on July 28, 2022, to provide FERC with the authority to temporarily or permanently ban any person from trading or transacting in...more
A recent district court order highlights the importance of maintaining a strong compliance program with effective compliance controls and practices, while highlighting the risk of employee misconduct for the enterprise...more
The US District Court for the Southern District of Ohio held on November 29, 2021, that in actions commenced under 16 USC Section 823b, district courts have the power to decide whether FERC can enforce civil penalties but do...more
A decision by the US Court of Appeals for the DC Circuit on June 30 rejected the near routine use by the Federal Energy Regulatory Commission of tolling orders to prevent rehearing requests from being denied by operation of...more
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
2/19/2020
/ Adjudicatory Process ,
Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Civil Monetary Penalty ,
Enforcement Actions ,
Federal Power Act ,
FERC ,
Notice Requirements ,
Regulatory Requirements ,
Regulatory Violations ,
Statute of Limitations ,
Tucker Act ,
Wholesale
The decision will likely affect the strategies of enforcement targets in electric market manipulation cases.
For the first time, a federal district judge has held that a review of a Federal Energy Regulatory Commission’s...more
7/29/2016
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Agency Deference ,
Civil Monetary Penalty ,
De Novo Standard of Review ,
Discovery ,
Due Process ,
Electricity ,
Energy Market ,
Energy Sector ,
Enforcement Actions ,
Federal Power Act ,
Federal Rules of Civil Procedure ,
FERC ,
Market Manipulation ,
Order to Show Cause
Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense.
On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more
7/21/2016
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
Business Entities ,
Federal Power Act ,
FERC ,
Interstate Commerce ,
Natural Gas Act ,
Pass-Through Entities ,
Pipelines ,
REIT ,
Tax Allocation Agreements ,
Tax Allowances ,
Tax Liability ,
United Airlines
The proposal could create uncertainty for market participants and raise jurisdictional questions about which regulator should police power markets....more
5/26/2016
/ CFTC ,
Commodity Exchange Act (CEA) ,
Dodd-Frank ,
Energy Market ,
Federal Power Act ,
FERC ,
ISOs ,
Jurisdiction ,
Price Manipulation ,
Private Right of Action ,
Proposed Amendments ,
Public Comment ,
RTO
Movants must clear high hurdle once parties reach settlement in principle.
On March 9, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order in Maritimes & Northeast Pipeline, LLC (Maritimes...more
3/15/2016
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Federal Power Act ,
FERC ,
Intervenors ,
Limitation Periods ,
Natural Gas Act ,
Oil & Gas ,
Pipelines ,
Settlement Agreements ,
Standard of Review
Decision brings more clarity to jurisdictional boundaries between state public utility regulatory commissions and FERC set forth by the Federal Power Act.
On January 25, the US Supreme Court, in a 6-2 decision, ruled in...more