[co-author: Shawn Whites - Paralegal ]

On June 29, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an Interim Final Rule amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within the Commission’s jurisdiction. The Interim Final Rule is a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the “2015 Adjustment Act”), which required each federal agency to issue an interim final rule by July 1, 2016, adjusting for inflation each civil monetary penalty provided by law within the agency’s jurisdiction, and will require an annual update every January 15. Under the 2015 Adjustment Act, increases resulting from the first adjustment are limited to 150 percent of the penalty that was in effect as of November 2, 2015. FERC’s adjusted maximum penalty amounts, which will apply at the time of assessment of a civil penalty regardless of the date on which the violation occurred, are set forth here and are effective July 6, 2016.