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
On June 19, 2019, a group of natural gas and power trade associations filed a white paper with the Federal Energy Regulatory Commission (FERC) calling for more transparent and efficient enforcement investigations by the...more
7/5/2019
/ Cooperative Compliance Regime ,
Enforcement Actions ,
Enforcement Authority ,
Federal Power Act ,
FERC ,
Investigations ,
Natural Gas ,
Policies and Procedures ,
Rulemaking Process ,
Statute of Limitations ,
Transparency Directive
On December 28, 2017, the U.S. District Court for the Eastern District of Virginia issued an opinion finding that a “trial de novo governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence” shall be...more
1/3/2018
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Anti-Manipulation Rule ,
Civil Monetary Penalty ,
Discovery ,
Discovery Disputes ,
Disgorgement ,
Evidence ,
Federal Power Act ,
Federal Rules of Civil Procedure ,
Federal Rules of Evidence ,
FERC ,
Judicial Review ,
Policy Violations ,
Standard of Review ,
Trial de Novo
In Federal Energy Regulatory Commission v. Barclays Bank PLC, et al. (Barclays Bank), the U.S. District Court for the Eastern District of California (the court) has granted a motion for judgment on the pleadings of defendant...more
In a March 30, 2017 order “in agreement with every other federal court that has expressly addressed this issue,” the court in FERC v. Barclays Bank PLC, (E.D. Cal., filed Oct. 9, 2013), held in an action FERC filed to enforce...more
The Federal Energy Regulatory Commission (FERC) will be left without a quorum when Commissioner Norman Bay’s resignation becomes official on February 3, 2017 and FERC’s ability to issue orders will be limited until the...more
In a July 21, 2016 order, a federal district court for the first time in a FERC enforcement matter held that review of an assessed civil penalty pursuant to Section 31(d)(3) of the Federal Power Act (“FPA”) entails an...more
On June 29, 2016, the Federal Energy Regulatory Commission ("FERC") issued Order No. 826, increasing the maximum civil penalty amount for violations of statutes, rules, and regulations within FERC’s jurisdiction, in order to...more