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All Civil Penalty Actions – 2015


To access the significant orders and federal district court papers related to all matters that have proceeded to Orders to Show Cause, see the Orders to Show Cause Proceedings page.

Subject(s) of Investigation and Order Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures Description of Findings of Violations
Maxim Power Corporation, Maxim Power (USA), Inc., Maxim Power (USA) Holding Company Inc., Pawtucket Power Holding Co., LLC, Pittsfield Generating Company, LP, and Kyle Mitton. Order Assessing Civil Penalties, 151 FERC ¶ 61,094  PDF (May 1, 2015) Assessed civil penalties and disgorgement as follows: $5 million jointly and severally against Maxim Power Corporation and the other named corporate respondents; $50,000 against Kyle Mitton The Commission issued an Order Assessing Civil Penalties for violations of the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, section 222 of the Federal Power Act (FPA), 16 U.S.C. § 824v(a), and 18 C.F.R. § 35.41(b) through a scheme to mislead the ISO-New England market monitor to collect make-whole payments for reliability dispatches based on the price of oil when Maxim’s plant actually burned less costly gas.
City Power Marketing, LLC and K. Stephen Tsingas 150 FERC ¶ 61,176  PDF (March 6, 2015) Proposed civil penalties and disgorgement as follows: $1,278,358 in disgorgement; $14 million civil penalty against City Power; $1 million civil penalty against Tsingas; City Power and Tsingas to be jointly and severally liable for all amounts The Commission issued an Order to Show Cause for alleged violation of the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, section 222 of the Federal Power Act (FPA), 16 U.S.C. § 824v(a), and 18 C.F.R. § 35.41(b) by engaging in (i) a scheme to collect Marginal Loss Surplus Allocation payments through large volumes of sham Up To Congestion trades in PJM and (b) false statements under oath to staff designed to conceal important contemporaneous evidence (instant messages) discussing the rades.
Maxim Power Corporation, Maxim Power (USA), Inc., Maxim Power (USA) Holding Company Inc., Pawtucket Power Holding Co., LLC, Pittsfield Generating Company, LP, and Kyle Mitton. Order to Show Cause and Notice of Proposed Penalty, 150 FERC ¶ 61,068  PDF (February 2, 2015) Proposed civil penalties and disgorgement as follows: $5 million jointly and severally against Maxim Power Corporation and the other named corporate respondents; $50,000 against Kyle Mitton The Commission issued an Order to Show Cause for alleged violation of the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, section 222 of the Federal Power Act (FPA), 16 U.S.C. § 824v(a), and 18 C.F.R. § 35.41(b) through a scheme to mislead the ISO-New England market monitor to collect make-whole payments for reliability dispatches based on the price of oil when Maxim’s plant actually burned less expensive gas.

Total Civil Penalties assessed for all years 2007 to present: $626,579,786.

Total Civil Penalties does not include the $30,000,000 assessed in Hunter and overturned on jurisdictional grounds by the U.S. Court of Appeals for the District of Columbia Circuit. Also does not include penalties proposed or assessed in the following currently pending matters: $28,000,000 in BP America Inc., et al.; $453,000,000 in Barclays Bank PLC, et al.; $5,000,000 assessed in Lincoln Paper and Tissue, LLC; $7,500,000 assessed in Competitive Energy Services, LLC; $1,250,000 assessed in Richard Silkman; $16,800,000 proposed in Powhatan Energy Fund LLC; $10,080,000 proposed in CU Fund Inc.; $1,920,000 proposed in HEEP Fund Inc.; or $1,000,000 proposed in Houlian Chen for his acts on behalf of Powhatan Energy Fund; $5,000,000 (Maxim corporate entities) and $50,000 (Kyle Mitton) assessed in Maxim Power Corporation, et al.; $14 million against City Power Marketing, LLC and $1 million against K. Stephen Tsingas.

Total Disgorgement ordered for all years 2007 to present: $301,956.526.

Total Disgorgement does not include amounts ordered in the following currently pending matters: $34,900,000 ordered in Barclays Bank PLC, et al.; $379.016 ordered in Lincoln Paper and Tissue, LLC; $166,841 ordered in Competitive Energy Services, LLC; $3,465,108 proposed in Powhatan Energy Fund LLC; $1,080,576 proposed in CU Fund Inc.; or $173,100 proposed in HEEP Fund, Inc. or $1,278,358 proposed in City Power Marketing, LLC et al


ALL CIVIL PENALTY ACTIONS
 


Updated: May 5, 2015