News & Analysis as of

Federal Energy Regulatory Commission Duty of Candor

Skadden, Arps, Slate, Meagher & Flom LLP

FERC Would Have Wide Discretion Under an Expanded Duty of Candor

The Federal Energy Regulatory Commission (FERC or the Commission) is exploring whether to impose a new far-reaching duty of candor requirement. The proposed rule would prohibit the submission of inaccurate information to FERC...more

Dorsey & Whitney LLP

FERC Approves Multi-Million Dollar Settlement Over Inaccurate Reporting of Lobbying Expenses

Dorsey & Whitney LLP on

On December 30, 2022, FERC issued an order approving a stipulation between the Office of Enforcement and FirstEnergy Corp., which required FirstEnergy to pay a civil penalty and submit to compliance monitoring because...more

Paul Hastings LLP

FERC’s Proposed Expansion of Duty of Candor Could Increase Compliance Risk

Paul Hastings LLP on

Can a seemingly innocuous requirement to tell the truth create unintended consequences? The Federal Energy Regulatory Commission (“FERC” or “Commission”) raised this question when it issued its July 28, 2022 Notice of...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

Holland & Knight LLP

FERC Issues Proposed Rulemaking to Expand 'Duty of Candor'

Holland & Knight LLP on

The Federal Energy Regulatory Commission (Commission) on July 28, 2022, issued a Notice of Proposed Rulemaking (NOPR) that would impose a broad "duty of candor" on "all entities communicating with the Commission or other...more

Akin Gump Strauss Hauer & Feld LLP

FERC Enforcement Settlement Highlights M&A Compliance Risks; May Suggest Enforcement Policy Changes

On June 8, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) approved a settlement between its Office of Enforcement and Duke Energy Corporation resolving allegations that Duke and certain of its...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Upholds FERC’s Expansive Use of Anti-Market Manipulation Rule in Power Market “Gaming” Case

On March 30, 2018, the U.S. District Court for the Southern District of Ohio issued an order substantially denying defendants’ Motion to Dismiss the Federal Energy Regulatory Commission’s (FERC or the “Commission”) Complaint...more

Cadwalader, Wickersham & Taft LLP

FERC Issues Order Approving Consent Agreement in City Power Marketing Case

On August 22, 2017, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order Approving Stipulation and Consent Agreement with City Power Marketing, LLC (“City Power”) and its owner, K. Stephen Tsingas...more

Akin Gump Strauss Hauer & Feld LLP

FERC’s Maxim Settlement Shows Continued Focus on ISO and RTO Bidding Conduct

On September 26, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order1 approving a Stipulation and Consent Agreement between its Office of Enforcement (“Enforcement”) and Maxim Power Corp....more

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