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Civil Penalty Actions – 2013


Subject of investigation and ORDER and DATE Total payment
Civil Penalty,
Disgorgement,
Other
Explanation of payments (civil penalty under the NGA, FPA, or NGPA; DISGORGEMENT OF PROFITS; other PAYMENTS) and compliance plans
Constellation Energy Commodities Group, Inc, 145 FERC ¶ 61,062  PDF
(October 18, 2013)
$500,000 civil penalty;
$145,928 disgorgement
Civil penalty, disgorgement, and compliance monitoring resulting from violations of 18 C.F.R. § 35.41(b) (prohibition of submission of false or misleading information or the omission of material information), and provisions of the CAISO tariff.
Lincoln Paper and Tissue,
LLC 144 FERC ¶ 61,162  PDF
(August 29, 2013)
$5,000,000 civil penalty;
$379,016 disgorgement
In this Order Assessing Civil Penalties, the Commission found Lincoln Paper and Tissue, LLC violated 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation). Lincoln elected the procedures of FPA section 31(d) (3), 16 U.S.C. § 823b(d)(3) (2006), pursuant to which the Commission first shall assess a penalty (without formal trial-type administrative adjudication), and then shall institute an action in federal district court to affirm the penalty assessment should Lincoln fail to pay the penalty in a timely fashion.
Competitive Energy Services, LLC
144 FERC ¶ 61,163  PDF
(August 29, 2013)
$7,500,000 civil penalty;
$166,841 disgorgement
In this Order Assessing Civil Penalties, the Commission found Competitive Energy Services, LLC violated 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation). CES elected the procedures of FPA section 31(d) (3), 16 U.S.C. § 823b(d)(3) (2006), pursuant to which the Commission first shall assess a penalty (without formal trial-type administrative adjudication), and then shall institute an action in federal district court to affirm the penalty assessment should CES fail to pay the penalty in a timely fashion.
Richard Silkman
144 FERC ¶ 61,164  PDF
(August 29, 2013)
$1,250,000 civil penalty In this Order Assessing Civil Penalties, the Commission found Richard Silkman violated 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation). Mr. Silkman elected the procedures of FPA section 31(d)(3), 16 U.S.C. § 823b(d) (3) (2006), pursuant to which the Commission first shall assess a penalty (without formal trial-type administrative adjudication), and then shall institute an action in federal district court to affirm the penalty assessment should Mr. Silkman fail to pay the penalty in a timely fashion.
Enterprise Texas Pipeline LLC
144 FERC ¶ 61,156  PDF
(August 26, 2013)
$315,000 Civil Penalty;
$7,234,539.62 Disgorgement
Civil penalty, disgorgement, and commitment to compliance measures resulting from violations of Section 311 of the Natural Gas Policy Act (NGPA) and 18 C.F.R. § 284.123 (requiring NGPA Section 311 pipelines to obtain Commission approval of rates).
In Re Make-Whole Payments and Related Bidding Strategies (JPMVEC),
144 FERC ¶ 61,068  PDF
(July 30, 2013)
$285,000,000 Civil Penalty;
$125,000,000 Disgorgement;

Waiver of claims against CAISO
Civil penalty, disgorgement, waiver of claims, and commitment to compliance measures resulting from violations of 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation) and Section 39.2.5.c of the MISO tariff (requiring non-price information to reflect actual known physical capabilities and characteristics of the resource).
Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith,
144 FERC ¶ 61,041  PDF
(July 16, 2013)
Barclays Bank PLC: $435,000,000 civil penalty; $34,900,000 disgorgement;
Daniel Brin: $1,000,000 civil penalty;
Scott Connelly: $15,000,000 civil penalty;
Karen Levine: $1,000,000 civil penalty;
Ryan Smith: $1,000,000 civil penalty
In this Order Assessing Civil Penalties, the Commission found Barclays Bank PLC and its individual traders Daniel Brin, Scott Connelly, Karen Levine and Ryan Smith each violated 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation). Barclays and its individual traders have each elected the procedures of FPA section 31(d)(3), 16 U.S.C. § 823b(d)(3) (2006), pursuant to which the Commission first shall assess a penalty (without formal trial-type administrative adjudication), and then shall institute an action in federal district court to affirm the penalty assessment.
Southwest Power Pool, Inc.
144 FERC ¶ 61,019  PDF
(July 10, 2013)
$50,000 Civil Penalty
($25,000 to each FERC and NERC)
Civil penalty and commitment to compliance measures resulting from violations of two reliability standards (IRO-015-1, Requirement R1 and EOP-004-1, Requirement R3) associated with reliability coordination of a portion of the Bulk Power System.
Enerwise Global Technologies, Inc.,
143 FERC ¶ 61,218  PDF
(June 7, 2013)
$780,000 Civil Penalty;
$20,726 Disgorgement;
$500,000 Improvements
Civil penalty, disgorgement, and metering and technology improvements resulting from violations of the PJM Open Access Transmission Tariff, Attachment DD, § 2.44, and 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation).
DTE Gas Company; and Washington 10 Storage Corporation,
143 FERC ¶ 61,188  PDF
(May 31, 2013)
DTE: $15,000 Civil Penalty
Washington 10: $725,000 Civil Penalty;
$2,508,227 Disgorgement
DTE: Civil penalty, compliance improvements, and compliance monitoring resulting from violations of 18 C.F.R. § 284.8(h)(2) (capacity release/flipping).

Washington 10: Civil penalty, disgorgement, compliance improvements, and compliance monitoring resulting from violations of Section 311 of the NGPA, various subparts of 18 C.F.R. §§ 284.122 (rates), 284.123 (rates), 284.124 (disclosure), 284.126 (reporting), and its Statement of Operating Conditions, related to the misclassification of thirty-two firm transportation storage and seventy-two Park and Loan agreements.
Seneca Falls Power Corporation,
143 FERC ¶ 61,063  PDF
(April 23, 2013)
$150,000 Civil Penalty;
$300,000 Project Improvements
Civil penalty, project improvements, and compliance monitoring resulting from violations of six license provisions relating to procuring and maintaining property rights necessary to operate the project; monitoring wetlands; installing recreational facilities; maintaining specified water elevations; and installing and monitoring fish passages.
Entergy Services, Inc.,
142 FERC ¶ 61,241  PDF
(March 28, 2013)
$975,000 Civil Penalty Civil penalty, mitigation and compliance enhancement measures, and compliance monitoring resulting from violations of twenty-seven requirements of fifteen reliability standards related to (1) protection system maintenance; (2) facility ratings; (3) system modeling; (4) operator qualification; and (5) communications systems.
Rumford Paper Company,
142 FERC ¶ 61,218  PDF
(March 22, 2013)
$10,000,000
Civil Penalty; $2,836,419.08
Disgorgement
Civil penalty, disgorgement, and commitment to compliance measures resulting from violations of 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation).
In Re PJM Up to Congestion Transactions,
142 FERC ¶ 61,088  PDF
(February 1, 2013)
$51,000 Civil Penalty
$29,563 Disgorgement
Civil penalty, disgorgement, and commitment to compliance training resulting from violations of 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation); individual trader agrees to refrain from trading in electricity markets and products for one year.
Westar Energy, Inc.,
142 FERC ¶ 61,066  PDF
(January 25, 2013)
$420,000 Civil Penalty
$1,153,836 Disgorgement
Civil penalty, disgorgements, and compliance monitoring resulting from violations of Southwest Power Pool’s OATT (section 28.6).
Deutsche Bank Energy Trading, LLC, 142 FERC ¶ 61,056  PDF (January 22, 2013) $1,500,000 Civil Penalty
$172,645 Disgorgement
Civil penalty, disgorgement, and compliance monitoring resulting from violations of 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation), 18 C.F.R. § 35.41(b) (prohibition of submission of false or misleading information or the omission of material information), and provisions of the CAISO tariff.
In re Progress Energy Florida, Inc., 142 FERC ¶ 61,041  PDF (January 16, 2013) $80,000 Civil Penalty Civil penalty and compliance monitoring resulting from violations of 18 C.F.R. § 35.10b (EQR filing requirements), Revised Public Utility Filing Requirements (Order No. 2001), PEF’s market based rate authority, and PEF’s cost based rates tariff.


CIVIL PENALTY ACTIONS
 


Updated: January 27, 2014