A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| AES Alamitos, LLC and AES Redondo Beach, LLC, Docket No. IN23-15-000, Order Approving Stipulation and Consent Agreement, 185 FERC ¶ 61,060 (October 24, 2023) | Civil penalty in the amount of $3,030,000 to the United States Treasury; disgorgement of $2,970,000 to CAISO; compliance monitoring | On October 24, 2023, the Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and AES Alamitos, LLC and AES Redondo Beach, LLC (collectively, AES). As set forth in the Agreement, Enforcement determined that from June 2018 to May 2020 (Relevant Period), the MW capacity indicated in Master File Pmax values for eight of the twelve Resources were not “accurate and actually based on physical characteristics of the resources” as required by CAISO Tariff section 4.6.4. The determination was based on the Resources’ consistent failure to produce to their Master File Pmax during the Relevant Period and reinforced by other evidence suggesting that AES knew or should have known that some of the Resources would be incapable of reaching their Master File Pmax. Enforcement also determined that AES violated CAISO Tariff section 37.3.1.1 by regularly bidding the Resources’ full Master File Pmax into the CAISO day-ahead and real-time energy markets and being financially compensated for RA capacity even though the Resources could not “reasonably [be] expected to be available and capable of performing at the levels specified in the Bid, and to remain available and capable of so performing.” Enforcement also found that AES violated §§ 35.41(a) and (b) of the Commission’s regulations by registering inaccurate Master File Pmax values, bidding up to the Resources’ Master File Pmax value in CAISO’s energy markets, and selling capacity through RA contracts that the Resources could not reasonably provide in violation of the CAISO Tariff. As set out in the terms of the Agreement, AES neither admits nor denies the violations, but stipulates to the facts contained in the Agreement. AES agrees to: (a) pay $2.97 million in disgorgement to CAISO to be distributed pro rata to network load; (b) pay a civil penalty of $3.03 million to the United States Treasury; and (c) submit an annual compliance monitoring report to Enforcement for two years with a third year at Enforcement’s discretion. |
| Algonquin Gas Transmission, LLC, Docket No. IN19-2-000, Order Approving Stipulation and Consent Agreement, 166 FERC ¶ 61,012 (January 7, 2019) | Civil Penalty of $400,000 to the United States Treasury. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Algonquin Gas Transmission, LLC (Algonquin). The Agreement resolves the investigation conducted by Enforcement into whether Algonquin violated the express terms of the Commission-issued Algonquin Incremental Market (AIM) Project Certificate, when it entered wetlands on the banks of the Hudson River outside the AIM Project’s right of way with construction equipment in an attempt to retrieve a broken drill stem without obtaining a variance from the Commission as required. Algonquin admits to the facts set forth in the Agreement, but neither admits nor denies the violations. |
| Algonquin Power Windsor Locks LLC, Docket No. IN21-2-000, Order Approving Stipulation and Consent Agreement, 174 FERC ¶ 61,001 (Jan. 5, 2021) | Civil Penalty of $1 million and disgorgement of $1,119,073.15, inclusive of interest. | On January 5, 2021, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement and Algonquin Power Windsor Locks LLC (Windsor Locks). The Order resolved an investigation in which Enforcement concluded that Windsor Locks had violated the ISO-New England Tariff and section 35.41(a) of the Commission’s regulations by failing to offer MWs required by its participation the ISO-New England Forward Capacity Market and Forward Reserve Market. Windsor Locks admits to the facts set forth in the Agreement, but neither admits nor denies the alleged violation. Windsor also agrees to annual compliance monitoring. |
| Alliance NYGT LLC, Docket No. IN21-4-000, Order Approving Stipulation and Consent Agreement, 174 FERC ¶ 61,086 (Feb. 8, 2021) | Civil Penalty of $420,000, disgorgement of $463,974.28, inclusive of interest and annual compliance monitoring reporting. | On February 8, 2021, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement (Enforcement) and Alliance NYGT LLC (NYGT). In the Order, the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2020), into whether NYGT submitted offers and information to the New York Independent System Operator (NYISO) that did not accurately reflect the fuel used to run its generators, failed to respond to NYISO’s inquiries regarding the type of fuel required and used to run its generators, and omitted material information from its responses to NYISO about its fuel use. NYGT stipulated to the facts and admitted that it violated 18 C.F.R. § 35.41(a)-(b) (2020) and several provisions of the NYISO Market Administration and Control Services Tariff. NYGT also agrees to submit annual compliance reports. |
| Alliance Pipeline LP, 141 FERC ¶ 61,182 (November 30, 2012) | $500,000 Civil Penalty; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Standards of Conduct for Transmission Providers, 18 C.F.R. Part 385, and Alliance’s transmission tariff for using its parent company to share non-public transmission information with an affiliate and for failure to make that information timely available to other customers. |
|
Amaranth Advisors., et al., Docket No. IN07-26-000, Order Approving Uncontested Settlement, 128 FERC ¶ 61,154 (Aug. 12, 2009); Order Granting Severence and Partial Stay, 128 FERC ¶ 61,081 (Jul. 23, 2009) Prior Commission Activity: Order Establishing Hearing Procedures, Docket No. IN07-26-000, 124 FERC ¶ 61,050 (Jul. 17, 2008), Order to Show Cause and Notice of Proposed Penalties, Docket No. IN07-26-000, 120 FERC ¶ 61,085 (Jul. 26, 2007) |
$7,500,000 Civil Penalty | Following issuance by the Commission of an Order to Show Cause and Notice of Proposed Penalties, an Order Establishing Hearing Procedures, and an Order Granting Severance and Partial Stay, the Commission issued an order approving a stipulation and agreement between all except one of the parties to the order to show cause and hearing matter set in Docket No. IN07-26-000, and the Commission Office of Enforcement Staff. The stipulation and agreement provides for payment of a civil penalty resulting from violations of 18 C.F.R. §1C.1 (Natural Gas Anti-Market Manipulation Rule). The one remaining party to the hearing, Brian Hunter, will proceed to hearing under Docket No. IN07-26-004. |
|
American Efficient, LLC; Modern Energy Group LLC; MIH LLC; Midcontinent Energy LLC; Wylan Energy, L.L.C.; Affirmed Energy LLC Prior Commission Activity: Order Assessing Civil Penalties, 195 FERC ¶ 61,043 (Apr. 15, 2026); Order to Show Cause and Notice of Proposed Penalty, 189 FERC ¶ 61,196 (Dec. 16, 2024) |
Disgorgement of $2,084,828, plus interest, to MISO; disgorgement of $407,732,930, plus interest, to PJM; civil penalty in the amount of $722,000,000. | The Commission issued an Order Assessing Penalties on April 15, 2026, against American Efficient, LLC, its various subsidiary companies, and its corporate parents, ordering the subjects to pay (1) disgorgement in the amount of $2,084,828, plus interest, to MISO; (2) disgorgement in the amount of $407,732,930, plus interest, to PJM; and (3) a civil penalty in the sum of $722,000,000. The Order finds that American Efficient (i) violated Section 222 of the Federal Power Act, 16 U.S.C. § 824v, and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, through a manipulative scheme and course of business in PJM and MISO that extracted millions of dollars in capacity payments for a purported energy efficiency project that did not actually cause reductions in energy use; and (ii) violated the PJM and MISO tariffs by participating in those markets as an Energy Efficiency Resource (“EER”), despite not satisfying the tariff requirements to participate as an EER. |
| American Transmission Company, LLC, Docket No. IN17-5-000, 160 FERC ¶ 61,030 (August 28, 2017) | $205,000 in civil penalties to U.S. Treasury and implementation of measures designed to ensure compliance in the future, including submitting semi-annual compliance reports. | The Commission approved a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and American Transmission Company, LLC (ATC) that found the Agreement resolves on fair and equitable terms Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2017), into (i) whether ATC violated section 203(a)(1)(B) of the Federal Power Act (FPA) and Part 33 of the Commission’s regulations, 18 C.F.R. Part 33, by acquiring certain Commission-jurisdictional facilities without prior Commission approval; and (ii) whether ATC violated section 205 of the FPA and Part 35 of the Commission’s regulations, 18 C.F.R. Part 35, by failing to timely file certain Commission jurisdictional agreements. ATC admits the violations and agrees to pay the civil penalty and implement compliance measures. |
| Ampersand Cranberry Lake Hydro, LLC, Docket No. P-9685-036, Order Approving Stipulation and Consent Agreement, 191 FERC ¶ 61,143 (May 19, 2025) Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 177 FERC ¶ 61,028 (October 21, 2021); Order Assessing Civil Penalty, 179 FERC ¶ 61,037 (April 21, 2022) |
Payment of $30,000 Oswegatchie River-Cranberry Reservoir Regulating District Corporation to assist with dam repairs and maintenance; and compliance upgrades. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Ampersand Cranberry Lake Hydro, LLC (“Ampersand Cranberry”) and its parent company, Ampersand Hydro LLC (collectively “Ampersand”), to address and resolve the Commission’s April 21, 2022 order assessing a civil penalty (“OAP”) in connection with Cranberry Lake Project No. 9685 (“Project”). The OAP: (1) concluded that Ampersand Cranberry violated Article 5 of the Project license by failing to retain possession of all Project property covered by the license; and (2) assessed a civil penalty of $600,000 against Ampersand Cranberry. After the Commission issued the OAP, Ampersand Cranberry provided documents to Enforcement confirming that the financial situation for it and its parent had significantly changed, and they both were insolvent. Ampersand Cranberry also asked the Commission to terminate the Project license, which it did. In the Agreement, Ampersand stipulated to the facts in the settlement and admitted that Ampersand Cranberry violated the Project license. It also agreed to make a payment of $30,000 to Oswegatchie River-Cranberry Reservoir Regulating District Corporation, a New York state municipal corporation and the owner of the dam at which the Project was located, to contribute to repairs and maintenance at the dam. Finally, Ampersand agreed to make compliance improvements at other related projects. |
| Anadarko Petroleum Corp., 127 FERC ¶ 61,069 (April 22, 2009) | $1,100,000 Civil Penalty, $232,423.40 Disgorgement | Civil penalty, disgorgement and compliance reporting resulting from violations of 18 C.F.R. § 284.8(h) posting and bidding requirements, improper release and acquisition of discounted rate capacity through flipping transactions. |
| Arizona Public Service Company, 148 FERC ¶ 61,009 (July 7, 2014) | $3,250,000 Civil Penalty, offset by $1,250,000 to be expended on Reliability and Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under 4 Requirements of 2 Reliability Standards for failure to perform certain necessary operational planning studies, coordinate those studies with its neighboring transmission operators, and operate the system to prevent any disturbance from creating emergency operating conditions. |
| Arlington Energy Center III, LLC; Blythe Solar 110, LLC; Blythe Solar III, LLC; Blythe Solar IV, LLC; Desert Sunlight 250, LLC; Sunlight Storage, LLC; and McCoy Solar, LLC, Order Approving Stipulation and Consent Agreement, 188 FERC ¶ 61,117 (August 8, 2024). | Civil penalty of $105,000; disgorgement of $381,724 to the California Independent System Operator; and compliance monitoring. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Arlington Energy Center III, LLC; Blythe Solar 110, LLC; Blythe Solar III, LLC; Blythe Solar IV, LLC; Desert Sunlight 250, LLC; Sunlight Storage, LLC; and McCoy Solar, LLC (the Companies). The Agreement resolves Enforcement’s investigation into whether the Companies, which are indirect subsidiaries of NextEra Energy Resources, LLC and/or NextEra Energy Partners, LP that each operate a co-located battery energy storage system and solar generation facility, violated the California Independent System Operator Corporation’s (CAISO’s) Open Access Transmission Tariff when providing ancillary services to CAISO during the period January 1, 2022 through September 1, 2023. The Companies stipulated to the facts, admitted to the violations, and agreed to (a) pay a $105,000 civil penalty to the United States Treasury; (b) disgorge $381,724 to CAISO; and (c) submit an annual compliance monitoring report to Enforcement for one year with a second year at Enforcement’s discretion. |
| Atmos Energy Corporation, Atmos Energy Marketing, Inc., Trans Louisiana Gas Pipeline, Inc., 137 FERC ¶ 61,190 (December 9, 2011) | $6,364,029 Civil Penalty; $5,635,971 Disgorgement; Compliance Monitoring. | The Commission approved a settlement resolving admitted violations of the Anti-Manipulation Rule, 18 C.F.R. § 1c.1, and of 18 C.F.R. § 284.8(h)(2) for serial alternating releases of short-term, discounted gas pipeline capacity to affiliated entities without posting and bidding; and under the Commission’s Open Access Transportation requirement that natural gas shippers must have title. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Bangor Gas Company, LLC, 118 FERC ¶ 61,186 (Mar. 7, 2007) | $1,000,000 Civil Penalty; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Commission’s Open Access Transportation requirement that natural gas shippers must have title. |
| Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine, Docket No. IN08-8-000, and FERC v. Barclays Bank PLC et al., No. 2:13-cv-02093-TLN-DB (E.D. Cal.), Order Approving Stipulation and Consent Agreement, 161 FERC ¶ 61,147 (November 7, 2017) Prior Commission Activity: Order Assessing Civil Penalties, 144 FERC ¶ 61,041 (July 16, 2013) Order to Show Cause and Notification of Proposed Penalty, 141 FERC ¶ 61,084 (October 31, 2012) |
Civil penalties and disgorgement as follows: $70,000,000 in civil penalties to the U.S. Treasury against Barclays. $35,000,000 in disgorgement by Barclays. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Barclays Bank PLC (Barclays), Daniel Brin, Scott Connelly, and Karen Levine (together, Defendants) finding that the Agreement is in the public interest and resolves on fair and equitable terms: (a) the Commission’s claims against Defendants for violations of section 222 of the Federal Power Act (FPA) and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § lc (2017), and (b) the Commission’s action captioned FERC v. Barclays Bank PLC et al., No. 2:13-cv-02093-TLN-DB (E.D. Cal.). |
| Berkshire Power Company LLC and Power Plant Management Services LLC, Docket No. IN16-3-000, Order Approving Stipulation and Consent Agreement, 154 FERC ¶ 61,259 (March 30, 2016) | Disgorgement and civil penalties as follows, respectively: $1,012,563, plus interest in disgorgement by Berkshire. $2,000,000 in civil penalties, jointly and severally, against Berkshire and Power Plant Management, and an additional separate civil penalty in the amount of $30,000 against Berkshire for violations of the Reliability Standards. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement), Berkshire Power Company LLC (Berkshire), and Power Plant Management Services LLC (PPMS). The Agreement resolves the investigation conducted by Enforcement into whether Berkshire and PPMS violated section 222 of the Federal Power Act (FPA) and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.1 (2015), and whether Berkshire separately violated the Market Behavior Rules, 18 C.F.R. § 35.41(a) and (b), the ISO-NE Tariff, and certain Commission-Approved Reliability Standards, by concealing plant maintenance and associated outages from ISO-New England, Inc. (ISO-NE) between January 1, 2008 and March 30, 2011. Berkshire and PPMS admit the violations and agree, in addition to payment of the civil penalties and disgorgement, to implement measures designed to improve compliance with applicable Commission regulations and jurisdictional tariffs. |
| Big River Steel LLC and Entergy Arkansas, LLC, Docket No. IN23-11-000, Order Approving Stipulation and Consent Agreement, 184 FERC ¶ 61,111 (Aug. 21, 2023) | Civil penalty of $6,000,000 paid by Big River Steel LLC (BRS); disgorgement of $15,940,399 to Midcontinent Independent System Operator (MISO) from BRS; disgorgement of $5,033,780 to MISO from Entergy Arkansas, LLC (EAL); BRS to provide compliance training to its traders if it intends to participate again as a demand response unit in MISO | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement), BRS, and EAL. The Agreement resolves Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2022), into whether BRS’s participation in a MISO demand response program violated MISO’s Tariff or Commission regulations. EAL sponsored BRS’s participation in the program. BRS and EAL stipulate to the facts set forth in the Agreement but neither admit nor deny a violation. In addition to a civil penalty, disgorgement, and compliance training, BRS and EAL also agree that: (1) BRS and EAL will cooperate with MISO to ensure that the amounts disgorged under the Agreement are appropriately refunded and (2) EAL will make a filing with the Arkansas Public Service Commission to ensure that its customers receive a refund of the net amount they paid for BRS’s demand response participation. |
| Big Rivers Electric Corporation, Docket No. IN24-9-000, Order Approving Stipulation and Consent Agreement, 188 FERC ¶ 61,155 (Sept. 5, 2024) | Civil penalty of $336,870; disgorgement of $308,341 to MISO; and compliance monitoring | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Big Rivers Electric Corporation (BREC). The Order resolves Enforcement’s investigation into whether BREC violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2(a), or other regulations through its communications with the Midcontinent Independent System Operator, Inc. (MISO) and MISO’s Independent Market Monitor, and through its offers to MISO, during June and July 2023. BREC stipulates to the fact section set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement. BREC agrees to: (a) pay a civil penalty of $336,870 to the United States Treasury; (b) pay disgorgement to MISO in the amount of $308,341, inclusive of interest; and (c) be subject to compliance monitoring and undertake compliance program improvements, as set forth in the Agreement. |
| Black Hills Corporation, et al., Docket No. IN23-10-000, Order Approving Stipulation and Consent Agreement, 185 FERC ¶ 61,172 (December 5, 2023) | Civil penalty of $150,000; up to two years of semi-annual status reports regarding the status of 103 previously unfiled agreements; annual compliance monitoring reports for two years after Black Hills is no longer obligated to file the semi-annual status reports | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Black Hills Corp. (Black Hills), as the corporate parent of, and on behalf of, its three electric public utility subsidiaries, Black Hills Power, Inc., Cheyenne Light, Fuel and Power Co., and Black Hills Colorado Electric. The Agreement resolves Enforcement’s investigation under 18 C.F.R. §1b, into whether Black Hills violated section 205 of the Federal Power Act (FPA) (§ 205) and 18 C.F.R. § 35 (Part 35), by timely failing to file 103 jurisdictional agreements. Black Hills stipulated to the facts set forth in the Agreement and admitted that it violated § 205 and Part 385 by commencing jurisdictional service, and entering into associated agreements, without providing the requisite notice. Black Hills agreed to: (1) pay a $150,000 civil penalty to the United States Treasury; (2) submit semi-annual status reports detailing the filing status of each the 103 previously unfiled agreements until the Commission accepts or finally disposes of all of the agreements or for two years after the Agreement is effective, whichever comes first; and, (3) submit annual compliance monitoring reports for two years following the Commission’s acceptance or final disposition of all of the previously unfiled agreements. |
| Black Hills Power, Inc., 136 FERC ¶ 61,088 (August 5, 2011) | $200,000 Civil Penalty; Compliance Enhancements; Independent Compliance Audit; Compliance Monitoring. | The Commission approved a settlement resolving admitted violations under 18 C.F.R. Part 37 and its tariff for failing to post certain information on OASIS, and charge proper rates for service, and for providing service to an affiliate with disclosing to other customers, and also under 18 C.F.R. Part 35 for providing brokering services without charge to its affiliate. |
| Boyce Hydro Power, LLC, Docket No. P-10809-050, Order Assessing Penalty, 175 FERC ¶ 61,049 (April 15, 2021) Prior Commission Activity: Boyce Hydro Power, LLC, Order to Show Cause and Notice of Proposed Penalty, 173 FERC ¶ 61,217 (December 9, 2020) |
Civil Penalty of $15,000,000. | On April 15, 2021, the Commission assessed a civil penalty of $15 million against Boyce Hydro Power, LLC, licensee of three hydropower projects in Michigan, for violating numerous FERC staff orders and license provisions addressing safety of project facilities and surrounding communities following catastrophic failures of two of its dams. Specifically, Boyce Hydro failed to begin a required forensic study of the dam failures and ignored staff’s orders to conduct engineering safety studies and to file certain required reports to ensure homes and other buildings surrounding the Boyce Projects were not at risk of further damage. |
| BP America Inc., BP Corporation North America Inc., BP America Production Company, BP Energy Company, 147 FERC ¶ 61,130 (May 15, 2014) Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 144 FERC ¶ 61,100 (Aug. 5, 2013) |
Proposed $28,000,000 Civil Penalty and other sanctions including disgorgement of unjust profits pending hearing and consideration by the Commission. | The Commission issued an Order to Show Cause why the company should not be found to have violated the Anti-Manipulation Rule, 18 C.F.R. 1c.1, for sales of natural gas at specific natural gas trading hubs to affect the index price at which related financial instruments settled. The Commission has set the matter for hearing before an Administrative Law Judge. |
| BP America Inc., BP Corporation North America Inc., BP America Production Company, BP Energy Company, Docket No. IN13-15-000, Order Staying the Payment Directives of the Order Assessing Civil Penalties, 156 FERC ¶ 61,174 (September 12, 2016) Prior Commission Activity: Opinion No. 549, Order on Initial Decision and Rehearing, 156 FERC ¶ 61,031 (July 11, 2016), Initial Decision, 152 FERC ¶ 63,016 (August 13, 2015), Order Establishing Hearing, 147 FERC ¶ 61,130 (May 15, 2014) |
Civil Penalty in the amount of $20,160,000 against BP America Inc., BP Corporation North America Inc., BP America Production Company, BP Energy Company (BP); disgorgement in the amount of $207,169 against BP. | The Commission issued an Order to Show Cause why the company should not be found to have violated the Anti-Manipulation Rule, 18 C.F.R. 1c.1, for sales of natural gas at specific natural gas trading hubs to affect the index price at which related financial instruments settled. The Commission set the matter for hearing before an ALJ. The ALJ’s Initial Decision, reviewable by the Commission, found that BP violated Section 1c.1 of the Commission’s regulations and Section 4A of the Natural Gas Act, and made factual findings respecting the application of the Commission’s Penalty Guidelines. The Commission issued an order affirming the ALJ’s Initial Decision and ordered BP to pay $20,160,000 in civil penalties and disgorge unjust profits in the amount of $207,169. On September 7, 2016, BP filed a Petition for Review of the Order on Initial Decision and Rehearing with the United States Court of Appeals for the Fifth Circuit. BP also filed a motion for the Commission to stay the payment directives ordered in the Penalty Assessment and the Commission issued an order on September 12, 2016 granting the motion. |
| BP America Inc., BP Corporation North America Inc., BP America Production Company, BP Energy Company, Docket No. IN13-15-000, Order to Show Cause and Notice of Proposed Penalty, 144 FERC ¶ 61,100 (Aug. 5, 2013) | Civil Penalty in the amount of $28,000,000 against BP America Inc., BP Corporation North America Inc., BP America Production Company, BP Energy Company (BP); disgorgement in the amount of $800,000 plus interest by BP. | The Commission issued an Order to Show Cause why the company should not be found to have violated the Anti-Manipulation Rule, 18 C.F.R. 1c.1, for sales of natural gas at specific natural gas trading hubs to affect the index price at which related financial instruments settled. |
| BP America Inc., BP Corporation North America Inc., BP America Production Company, BP Energy Company, Docket Nos. IN13-15-000, IN13-15-001, IN13-15-002, Order Addressing Arguments Raised on Rehearing, 173 FERC ¶ 61,239 (December 17, 2020) Prior Commission Activity: Opinion No. 549, Order on Initial Decision and Rehearing, 156 FERC ¶ 61,031 (July 11, 2016), Initial Decision, 152 FERC ¶ 63,016 (August 13, 2015), Order Establishing Hearing, 147 FERC ¶ 61,130 (May 15, 2014), BP America Inc., BP Corporation North America Inc., BP America Production Company, BP Energy Company, Docket No. IN13-15-000, Order Staying the Payment Directives of the Order Assessing Civil Penalties, 156 FERC ¶ 61,174 (September 12, 2016) |
Civil Penalty in the amount of $20,160,000 against BP America Inc., BP Corporation North America Inc., BP America Production Company, BP Energy Company (BP); disgorgement in the amount of $207,169 against BP. | The Commission issued an Order to Show Cause why the company should not be found to have violated the Anti-Manipulation Rule, 18 C.F.R. 1c.1, for sales of natural gas at specific natural gas trading hubs to affect the index price at which related financial instruments settled. The Commission set the matter for hearing before an ALJ. The ALJ’s Initial Decision, reviewable by the Commission, found that BP violated Section 1c.1 of the Commission’s regulations and Section 4A of the Natural Gas Act, and made factual findings respecting the application of the Commission’s Penalty Guidelines. The Commission issued an order affirming the ALJ’s Initial Decision and ordered BP to pay $20,160,000 in civil penalties and disgorge unjust profits in the amount of $207,169. On September 7, 2016, BP filed a Petition for Review of the Order on Initial Decision and Rehearing with the United States Court of Appeals for the Fifth Circuit. BP also filed a motion for the Commission to stay the payment directives ordered in the Penalty Assessment and the Commission issued an order on September 12, 2016 granting the motion. BP then sought rehearing by the Commission of its Order on Initial Decision and Rehearing, which the Commission considered and rejected in an order dated December 17, 2020. |
| BP America Inc., BP Corporation North America Inc., BP America Production Company, BP Energy Company, Docket Nos. IN13-15-000, Order Approving Stipulation and Consent Agreement, 184 FERC ¶ 61,016 (July 7, 2023) Prior Commission Activity: Order Addressing Arguments Raised on Rehearing, 173 FERC ¶ 61,239 (December 17, 2020), Order Staying the Payment Directives of the Order Assessing Civil Penalties, 156 FERC ¶ 61,174 (September 12, 2016), Opinion No. 549, Order on Initial Decision and Rehearing, 156 FERC ¶ 61,031 (July 11, 2016), Initial Decision, 152 FERC ¶ 63,016 (August 13, 2015), Order Establishing Hearing, 147 FERC ¶ 61,130 (May 15, 2014), Order to Show Cause and Notice of Proposed Penalty, 144 FERC ¶ 61,100 (Aug. 5, 2013) |
Civil penalty of $10,750,000 to the United States Treasury; disgorgement of $250,295 to Texas’ Low Income Home Energy Assistance Program | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and BP America Inc., BP Corporation North America, Inc., BP America Production Company, and BP Energy Company (collectively BP). The Agreement resolves the issues remaining after the case was remanded by the United States Court of Appeals for the Fifth Circuit, which in October 2022 affirmed in part and reversed in part the Commission’s ruling in the case. In the Agreement, BP acknowledged that the Fifth Circuit upheld the Commission’s finding of manipulation in violation of NGA section 4A and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.1 as to 18 jurisdictional transactions, neither admitted nor denied liability, and agreed to: (1) a civil penalty of $10,750,000, paid to the United States Treasury; and (2) disgorgement of $250,295, paid to Texas’ Low Income Home Energy Assistance Program. |
| BP Energy Company, 121 FERC ¶ 61,088 (Oct. 25, 2007) | $7,000,000 Civil Penalty; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Commission’s Open Access Transportation requirements that prohibit buy/sell natural gas transactions; prohibit flipping of short term capacity releases between affiliated shippers; and require natural gas shippers have title to the gas. |
| Brian Hunter, Docket No. IN07-26-004, Order Affirming Initial Decision and Ordering Payment of Civil Penalty,135 FERC ¶ 61,054 (April 21, 2011)
Prior Commission Activity: Initial Decision, 130 FERC ¶ 63,004 (Jan. 22, 2010), Order Granting Severence and Partial Stay, 128 FERC ¶ 61,081 (Jul. 23, 2009), Order Establishing Hearing Procedures, Docket No. IN07-26-000, 124 FERC ¶ 61,050 (Jul. 17, 2008), Order to Show Cause and Notice of Proposed Penalties, Docket No. IN07-26-000, 120 FERC ¶ 61,085 (Jul. 26, 2007) |
$30,000,000 Civil Penalty, overturned on jurisdictional grounds by the United States Court of Appeals, District of Columbia Circuit. | The Commission issued a final Order Assessing Civil Penalties finding, after adjudication before an ALJ, a violation of the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.1, for trading natural gas futures contracts on the NYMEX to affect the index price at which related financial instruments settled. Hunter petitioned pursuant to NGA section 717r(b) for review in the U.S. Court of Appeals for the District of Columbia Circuit, which granted the petition. |
|
Brian Hunter, Docket No. IN07-26-004, Initial Decision, 130 FERC ¶ 63,004 (January 22, 2010) Prior Commission Activity: Order Granting Severence and Partial Stay, 128 FERC ¶ 61,081 (Jul. 23, 2009), Order Establishing Hearing Procedures, Docket No. IN07-26-000, 124 FERC ¶ 61,050 (Jul. 17, 2008), Order to Show Cause and Notice of Proposed Penalties, Docket No. IN07-26-000, 120 FERC ¶ 61,085 (Jul. 26, 2007) |
Proposed $30,000,000 Civil Penalty | An ALJ issued an Initial Decision after a hearing on the merits, finding a violation of the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.1, for trading natural gas futures contracts on the NYMEX to affect the index price at which related financial instruments settled. The ALJ proposed that a civil penalty be assessed by the Commission. The Commission will review the Initial Decision and issue an order. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| California Independent System Operator 149 FERC ¶ 61,189 (November 28, 2014) | $6,000,000, offset by $4,000,000 in Reliability Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under 3 Requirements of 3 Reliability Standards for failures to: monitor the current flow on Path 44 in amps, or by any other method that would alert operators to the need for corrective action to avert operation of the separation scheme at the San Onofre switchyard, to operate so that instability, uncontrolled separation and cascading outages would not occur as the result of a single contingency, and establish valid system operating limits. |
| California Independent System Operator Corporation, 141 FERC ¶ 61,209 (December 14, 2012) | $200,000 Civil Penalty; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Reliability Standards for inappropriate load shedding based on failure to perform operational planning to replace generation requirements and failure to adequately train the operators on the circumstances that permit load shedding. |
| Calpine Corporation, Docket No. IN17-1-000, Order Approving Stipulation and Consent Agreement, 169 FERC ¶ 61,092 (Nov. 1, 2019) | Civil Penalty of $375,000 to Texas Reliability Entity, Inc. (Texas RE), and $25,000 to U.S. Treasury. | On November 1, 2019, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement, Texas RE, North American Electric Reliability Corporation (NERC), and Calpine. In the Order, the Commission found the settlement is in the public interest because it resolves on fair and equitable terms Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2019), into whether Calpine violated the Reliability Standard for protection systems maintenance and testing, PRC-005-1 R2, as well as California Independent System Operator Tariff (CAISO), section 9.3.10.3.1, relating to forced outages. Calpine agrees to be subject to compliance monitoring as provided in the Agreement, and stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations. |
| In re Calpine Energy Services, L.P., 119 FERC ¶ 61,125 (May 9, 2007) | $4,500,000 Civil Penalty; Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Commission’s Open Access Transportation requirement that natural gas shippers must have title. |
| City Power Marketing, LLC and K. Stephen Tsingas, Docket No. IN15-5-000, and FERC v. City Power Marketing, LLC and K. Stephen Tsingas, Case No. 1:15-cv-01428-JDB (DDC), Order Approving Stipulation and Consent Agreement, 160 FERC ¶ 61,013 (August 22, 2017). Prior Commission Activity: Order Assessing Civil Penalties, 152 FERC ¶ 61,012 (July 2, 2015) Order to Show Cause and Notice of Proposed Penalty, 150 FERC ¶ 61,176 (March 6, 2015) |
Civil penalties and disgorgement as follows: $1,300,000 in disgorgement to PJM Interconnection, Inc. by Tsingas; $9 million civil penalty to U.S. Treasury against City Power; $1,420,000 civil penalty to U.S. Treasury against Tsingas. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and K. Stephen Tsingas and City Power Marketing, LLC finding that the Agreement resolves on fair and equitable terms (a) the Commission’s claims against Tsingas and City Power for violations of section 222 of the Federal Power Act (FPA) and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § lc (2017), and of the Commission’s rule requiring truthful communications with (among others) the Commission, 18 C.F.R. § 35.41(b) (2017); and (b) the Commission’s action captioned FERC v. City Power Marketing, LLC, No. 1:15-cv-01428-JDB (D.D.C.). The Commission will file a new status report with the United States District Court for the District of Columbia advising that the Commission has approved the Agreement. |
| Cleco Power, LLC, 119 FERC ¶ 61,271 (June 12, 2007) | $2,000,000 Civil Penalty; Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings that operating personnel shared non-public information with a marketing affiliate in violation of the codes of conduct underlying its Market Based Rate authority and a prior settlement with Enforcement. |
|
Coaltrain Energy, L.P., Peter Jones, Shawn Sheehan, Robert Jones, Jeff Miller, Jack Wells, Docket No. IN16-4-000 and FERC v. Coaltrain Energy, L.P. et al., Case No. 2:16-cv-732 (S.D. Ohio), Order Approving Stipulation and Consent Agreement, 181 FERC ¶ 61,031 (October 11, 2022) Prior Commission Activity: |
Disgorgement by Coaltrain Energy, L.P. of $4,000,000 to PJM Interconnection L.L.C. | Following an Order to Show Cause proceeding, the Commission issued an Order Assessing Civil Penalties against Coaltrain Energy, L.P., Peter Jones, Shawn Sheehan, Robert Jones, Jeff Miller, Jack Wells. The order found that Coaltrain, and the named individuals violated section 1c.2 of the Commission’s regulations and section 222 of the Federal Power Act (FPA), by engaging in fraudulent Up To Congestion (UTC) transactions in PJM Interconnection L.L.C.’s energy markets. The Commission declined to find Adam Hughes to have individually violated section 1c.2. The order further found that Coaltrain Energy, L.P. violated 18 C.F.R. § 35.41(b) of the Commission’s rules through false and misleading statements and material omissions relating to the existence of documents responsive to data requests and relating to the trading conduct at issue in the matter. Finally, the order assessed disgorgement and civil penalties as outlined for the violations. Coaltrain and the other named respondents elected the procedures of FPA section 31(d)(3), in which the Commission assesses a penalty and if the disgorgement and civil penalties are not paid within 60 days, the Commission institutes an action in federal district court to affirm the assessment. On October 11, 2022, the Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Coaltrain Energy, L.P., finding that the Agreement resolves on fair and equitable terms the Commission’s claims against Coaltrain Energy, L.P. and the named individuals for violations of section 222 of the FPA and the Commission’s Anti-Manipulation Rule, and the Commission’s Duty of Candor Rule, 18 C.F.R. § 35.41(b). Coaltrain Energy, L.P. neither admits nor denies the alleged violation and agrees to pay the $4,000,000 restitution payment outlined in the Agreement. The Agreement also resolves the Commission’s lawsuit captioned FERC v. Coaltrain Energy, L.P., et al., No. 2:16-cv-00732 (MHW) (S.D. Ohio). |
| Columbia Gas Transmission Corporation and Columbia Gulf Transmission Company, Docket Nos. IN09-3-000 and PA03-16-000, Order Approving Stipulation and Consent Agreement, 125 FERC ¶ 61,150 (November 6, 2008) | $1,000,000 Civil Penalty against Columbia Gas and Columbia Gulf jointly; $9,000,000 Disgorgement by Columbia Gas | Civil penalty, disgorgement, and compliance monitoring resulting from (1) Columbia Gas’s violation of section 1 of its Parking and Lending (PAL) rate schedule; (2) Columbia Gas’s and Columbia Gulf’s provision of an undue preference to their affiliated local distribution companies with respect to transportation services; and (3) Columbia Gas’s and Columbia Gulf’s failure to post discounts to an affiliate in violation of the Standards of Conduct discount reports. The companies stipulate to the terms of the settlement, but did not admit nor deny the violations. |
| Columbia Gas Transmission, LLC 152 FERC ¶ 61,089 (July 30, 2015) | $350,000 in Civil Penalties. | The Commission approved a settlement resolving findings that between January 1, 2010 and May 1, 2013, Columbia Gas violated Part 4 of its tariff by failing to post the notices of the auctions of its available firm capacity on the public side of its Electronic Bulletin Board (EBB) (Navigates). Columbia Gas admits to the violation. |
| Columbia Gulf Transmission Company, 119 FERC ¶ 61,174 (May 21, 2007) | $2,000,000 Civil Penalty; Withdrawal of Petition for Review of FERC order. | The Commission approved a settlement resolving finding that entity failed to comply with Commission order requiring it to permit third party to construct interconnection facilities. |
|
Competitive Energy Services, LLC and Richard Silkman, Docket Nos. IN12-12-000 and IN12-13-000, Order Approving Stipulation and Consent Agreement, 173 FERC ¶ 61,176 (Nov. 25, 2020) Prior Commission Activity: Competitive Energy Services, LLC, Docket No. IN12-12-000, Order Assessing Penalties, 144 FERC ¶ 61,163 (August 29, 2013), Order to Show Cause and Notice of Proposed Penalty, 140 FERC ¶ 61,032 (July 17, 2012) Richard Silkman, Docket No. IN12-13-000, Order Assessing Penalties, 144 FERC ¶ 61,164 (August 29, 2013), Order to Show Cause and Notice of Proposed Penalty, 140 FERC ¶ 61,033 (July 17, 2012) |
Civil Penalty of $708,159 against Competitive Energy Services, LLC, and $600,000 against Richard Silkman, and Disgorgement of $166,841 against Competitive Energy Services, LLC. | The Commission issued an Order to Show Cause why Competitive Energy Services, LLC should not be found to have violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, for planning and helping execute a fraudulent scheme pursuant to which a paper mill inflated baseline energy consumption in the New England ISO market in order to later claim greater energy curtailments, and payments, in the Day-Ahead Load Response Program (demand response). The Commission subsequently approved a settlement resolving the matter. The Commission issued an Order to Show Cause why Richard Silkman should not be found to have violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, for planning and helping execute a fraudulent scheme pursuant to which a paper mill inflated baseline energy consumption in the New England ISO market in order to later claim greater energy curtailments, and payments, in the Day-Ahead Load Response Program (demand response). The Commission subsequently approved a settlement resolving the matter. |
| ConocoPhillips Company, 138 FERC ¶ 61,004 (January 4, 2012) | $545,000 Civil Penalty; $3,174,900 Disgorgement; Compliance Monitoring. | The Commission approved a settlement resolving findings under 18 C.F.R. Part 284 for releases of short-term, discounted gas pipeline capacity without posting and bidding; and under the Commission’s Open Access Transportation requirement that shipper must have title and the prohibition against buy/sell arrangements. |
| Constellation Energy Commodities Group, Inc., 138 FERC ¶ 61,168 (March 9, 2012) | $135,000,000 Civil Penalty; $110,000,000 Disgorgement; Market Participation Restrictions against individual traders on behalf of Constellation; Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Anti-Manipulation Rule, 18 C.F.R. § 1c.2, and under 18 C.F.R. § 35.41(b) for trading energy in ISO-NE and NYISO to affect market prices for the benefit of financial instruments based on those prices, and for misrepresenting the purpose of the trades when questioned by the NYISO market monitor. |
| Constellation Energy Commodities Group, Inc., 145 FERC ¶ 61,062 (Oct. 18, 2013) | $500,000 Civil Penalty; $145,928 Disgorgement; Compliance Monitoring. | The Commission approved a settlement resolving admitted violation of 18 C.F.R. § 35.41(b), and related CAISO tariff provision, for falsely designating transactions to improperly ensure awards of bids at multiple interties. |
| Constellation NewEnergy – Gas Division, LLC, 122 FERC ¶ 61,220 (March 11, 2008) | $5,000,000 Civil Penalty, $1,899,416 Disgorgement | Civil penalty, disgorgement, and a compliance monitoring plan resulting from self-reported violations of the Commission’s capacity release policies, including circumvention of the posting and bidding requirements for released capacity, violations of the shipper-must-have-title requirement, and violations of the prohibition on buy-sell transactions. |
| Constellation NewEnergy, Inc., Docket No. IN22-4-000, Order Approving Stipulation and Consent Agreement, 178 FERC ¶ 61,231 (March 29, 2022) | Civil Penalty in the amount of $2,400,000 against Constellation NewEnergy, Inc. (CNE); disgorgement in the amount of $2,300,000 against CNE. | On March 29, 2022, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement (Enforcement) and CNE. In the Order the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2021), into whether CNE complied with the pertinent California Independent System Operator (CAISO) tariff provisions regarding the treatment of imports for Resource Adequacy (RA) purposes. CNE stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations. |
| Cordova Energy Company LLC, Docket No. IN25-8-000, Order Approving Stipulation and Consent Agreement, 192 FERC ¶ 61,205 (Sept. 3, 2025) | Civil penalty of $370,000; disgorgement of $1,964,436, plus interest to PJM Interconnection, LLC; and compliance monitoring | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement and Regulatory Accounting (Enforcement) and Cordova Energy Company LLC (Cordova Energy). The Agreement resolves Enforcement’s investigation into whether Cordova Energy violated the PJM Tariff and Commission regulations through its energy offers and electronic Generating Availability Data System (eGADS) submissions to PJM on behalf of the Cordova Energy Center, a capacity resource in PJM, from January 1, 2020 to September 30, 2023. Cordova Energy stipulates to the facts in Section II of the Agreement and admits to the violations in Section III of the Agreement. Cordova Energy agrees to: (a) pay a civil penalty of $370,000 to the United States Treasury; (b) disgorge $1,964,436, plus interest, to PJM; and (c) be subject to compliance monitoring as described in the Agreement. |
| Cornerstone Energy, Inc., 125 FERC ¶ 61,234 (November 26, 2008) | $325,000 Civil Penalty, $121,825 Disgorgement | Civil penalty and disgorgement resulting from self-reported violations of the shipper-must-have-title requirement. |
| Covanta Haverhill Associates L.P., Docket No. IN17-3-000, Order Approving Stipulation and Consent Agreement, 158 FERC ¶ 61,105 (February 1, 2017) | Civil Penalty in the amount of $36,000 to the United States Treasury and implementation of new compliance measures, including submission of periodic reports to the Commission. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Covanta Haverhill Associates L.P. (Covanta Haverhill). The Agreement resolves the investigation conducted by Enforcement into whether Covanta Haverhill violated the ISO-New England (ISO-NE) Tariff and one of the Commission’s Market Behavior Rules, 18 C.F.R. § 35.41(a) (2016), by failing to provide required instantaneous metered powered output data to ISO-NE. Covanta Haverhill stipulated to the facts but neither admitted nor denied the alleged violations. It agreed to pay a civil penalty of $36,000 and to implement new compliance measures, including submission of periodic compliance monitoring reports for at least two years. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Dartmouth Power Associates Limited Partnership, 134 FERC ¶ 61,085 (February 3, 2011) | Compliance Monitoring. | The Commission approved a settlement resolving findings under the ISO-NE tariff and 18 C.F.R. 35.41 for failure to notify the ISO of a planned maintenance outage of a generator registered in the capacity market. |
| David Silva, Order Approving Stipulation and Consent Agreement, 156 FERC ¶ 61,155 (September 1, 2016) | Civil penalties in the amount of $40,000, and a one-year ban from participation in any FERC-jurisdictional natural gas markets, against David Silva | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and David Silva. The Agreement resolves the investigation conducted by Enforcement into whether David Silva violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.1 (2016), by manipulating physical natural gas prices in January 2012 in order to benefit his related financial position. David Silva neither admits nor denies the alleged violations, but he agrees to payment of the civil penalty and the one-year ban. |
| DCP Midstream, LLC, 125 FERC ¶ 61,359 (December 23, 2008) | $360,000 Civil Penalty | Civil penalty and compliance monitoring reporting resulting from self-reported violations of the shipper-must-have-title requirement. |
| Deutsche Bank Energy Trading, LLC, 142 FERC ¶ 61,056 (Jan. 22, 2013) | $1,500,000 Civil Penalty; $172,645 Disgorgement; Compliance Enhancements; Compliance Monitoring. | The Commission issued an Order to Show Cause why it should not assess a penalty for violation of the Anti-Manipulation Rule, 18 C.F.R. § 1c.2, for trading electricity exports in the California ISO market to affect the value of related congestion revenue rights in that market; and violation of 18 C.F.R. § 35.41(b) for submission of false information to the ISO by improperly designating transactions in contravention to the tariff definitions. The Commission subsequently approved a settlement resolving the matter. |
| Direct Energy Services, LLC, 148 FERC ¶ 61,114 (August 11, 2014) | $20,000 civil penalty; $31,935 disgorgement; continuing existing compliance measures going forward; compliance monitoring. | The Commission approved a settlement arising from a self-report by Direct Energy that led to an investigation in which Staff concluded that two traders formerly employed by Direct Energy manipulated the price of physical natural gas at two hubs on several days in May 2012 to benefit related financial positions. Staff also concluded that Direct Energy promptly (i) discovered the trades, (ii) suspended the traders, (iii) investigated the situation, (iv) fired the traders, and (iv) self-reported, after which it cooperated fully in Staff’s investigation. |
| DTE Gas Company; and Washington 10 Storage Corporation, 143 FERC ¶ 61,188 (May 31, 2013) | $15,000 Civil Penalty, DTE; $725,000 Civil Penalty, Washington 10; $2,508,227 Disgorgement, Washington 10; Compliance Enhancements, Compliance Monitoring. | The Commission approved a settlement resolving admitted violations under 18 C.F.R. Part 284 for releases of short-term, discounted capacity without posting and bidding; and under Part 284, NGPA section 311, and Washington 10’s Statement of Operating Conditions for charging unauthorized rates to certain customers and failing to satisfy certain Commission reporting requirements. |
| Duke Energy Carolinas, LLC, 136 FERC ¶ 61,237 (September 30, 2011) | $425,000 Civil Penalty; Compliance Monitoring. | The Commission approved a settlement resolving admitted violations of Duke’s Market Based Rate authority Orders and Tariff and of 18 C.F.R. § 35.10b for charging improper rates to counterparties and misreporting its sales to the Commission. |
| Duke Energy Corporation, Docket No. IN15-6-000, Order Approving Stipulation and Consent Agreement, 163 FERC ¶ 61,189 (Jun. 8, 2018) | Civil Penalty of $3,500,000 to United States Treasury. Compliance monitoring for two years. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Duke Energy Corporation and Duke Energy Corporation’s public utility operating subsidiaries (Duke). The Agreement resolves the investigation conducted by Enforcement into whether Duke failed to fully and accurately communicate information to the Commission relating to certain transmission studies submitted in support of their application for the merger of Duke and Progress Energy, Inc. in violation of 18 C.F.R. § 35.41(b) (2017). Duke stipulates to the facts in Section II of the Agreement, but neither admits nor denies the alleged violations. |
| Duquesne Light Company, 123 FERC ¶ 61,221 (May 29, 2008) | $250,000 Civil Penalty, $1,000,000 Compliance Plan | Civil penalty and at least $1,000,000 designated for a comprehensive compliance plan for violations of FERC cost allocation procedures, the electric quarterly report filing requirement, and the standards of conduct. |
| Dynegy Marketing & Trade, LLC, IN22-3-000, Order Approving Stipulation and Consent Agreement, IN22-3-000, 178 FERC ¶ 61,230 (March 28, 2022) | Civil Penalty to the United States of $450,000 against Dynegy Marketing and Trade, LLC (Dynegy); disgorgement to PJM Interconnection Inc. (PJM) in the amount of $119,425.10, inclusive of interest; and annual compliance monitoring reporting for two years. | On March 28, 2022, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement (Enforcement) and Dynegy. In the Order, the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation into whether Dynegy’s Real-Time energy market offers in Summer 2017 for ten GE 7FA (7FA) dual-fuel combustion turbines (CTs) in the PJM market misrepresented that the units could ramp to their maximum oil-based output attained during their capacity tests (ICAP) while running on gas. Staff’s investigation determined that Dynegy’s conduct violated 18 C.F.R. § 35.41(b) and Section 1.7.19 of Schedule 1 of the Amended and Restated Operating Agreement and Attachment K – Appendix of the PJM Open Access Transmission Tariff, which requires each unit to be able to change output at the ramping rate specified in the Offer Data. The Order also resolved Enforcement’s finding that Dynegy violated § 35.41(b) when it maintained a prospective 16 MW capacity increase for Armstrong, one of the three dual-fuel unit facilities, based on (a) unit upgrades that were never completed by the previous owner and (b) the use of auxiliary generators during capacity tests, which was prohibited by PJM. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Edison Mission, 123 FERC ¶ 61,170 (May 19, 2008) | $7,000,000 Civil Penalty, $2,000,000 Compliance Plan | Civil penalty and at least $2,000,000 designated for a comprehensive compliance plan for violations of 18 C.F.R. § 35.41(b) (2007), which imposes a duty to provide accurate, factual, and complete information in communications with the Commission upon electric power sellers authorized to engage in sales for resale of electric energy at market based rates. |
| Emera Energy Incorporated, Docket No. IN20-2-000, Order Approving Stipulation and Consent Agreement, 170 FERC ¶ 61,007 (Jan. 10, 2020) | Civil Penalty of $5,000, and disgorgement and interest in the total amount of $16,122.19. | On January 10, 2020, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement (Enforcement) and Emera Energy Incorporated (Emera Energy). In the order the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2019), into whether Emera Energy supported Fuel Price Adjustment Requests (FPA Requests) using fuel costs that did not reflect an arm’s length fuel purchase transaction contrary to ISO-NE Tariff Market Rule 1, Appendix A § III.A.3.4(b). Emera Energy stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations. |
| Enbridge Marketing (U.S.) L.P., 125 FERC ¶ 61,088 (October 24, 2008) | $500,000 Civil Penalty | Civil penalty and compliance report resulting from self-reported violations of the shipper-must-have-title requirement. |
| Enel North America, Inc., Docket No. IN25-5-000, Order Approving Stipulation and Consent Agreement, 192 FERC ¶ 61,048 (July 10, 2025) | Civil penalty of $20,000; implement remedial actions plus compliance monitoring for two years with the option for an additional report | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Enel North America, Inc. (Enel). The Agreement resolves Enforcement’s investigation into whether Enel violated the SPP Tariff by failing to convert its Chisholm View I wind farm project from a non-dispatchable variable energy resource to a dispatchable variable energy resource by the required tariff deadline. Enel stipulates to the facts in Section II of the Agreement, but neither admits nor denies the violation described in Section III of the Agreement. Enel agrees to: (a) pay a civil penalty of $20,000 to the United States Treasury; (b) implement additional remedial actions as described in the Agreement; and (c) be subject to compliance monitoring as described in the Agreement. |
| Energy Transfer Partners, L.P., 128 FERC ¶ 61,269 (September 21, 2009) | $5,000,000 Civil Penalty, $25,000,000 Disgorgement | Civil penalty resulting from violations of market behavior rule 18 C.F.R. § 284.403(a) (2005). |
| EnerNOC Inc. and Celerity Energy Partners LLC, 141 FERC ¶ 61,211 (December 17, 2012) | $820,000 Civil Penalty; $656,806 Disgorgement; Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving admitted violations of the ISO-NE tariff, 18 C.F.R. Part 35 regulations related to Market Based Rate authority, and Celerity’s market based rate tariff for submission of inaccurate data to the ISO, receipt of overpayments for demand response services, and untimely filings with the Commission. |
| Enerwise Global Technologies, Inc., 143 FERC ¶ 61,218 (June 7, 2013) | $780,000 Civil Penalty; $20,726 Disgorgement; Operational Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under 18 C.F.R. § 1c.2 for fraudulently inflating baseline energy consumption of demand response provider in the PJM market in order to claim greater energy curtailments and payments. |
| Enerwise Global Technologies, LLC d/b/a CPower, Order Approving Stipulation and Consent Agreement, IN22-7-000, 180 FERC ¶ 61,126 (Aug. 25, 2022) | Civil Penalty in the amount of $2,539,372 against Enerwise Global Technologies, LLC d/b/a CPower (CPower); disgorgement in the amount of $ 2,460,628 to ISO NE England, Inc. (ISO-NE); and annual compliance monitoring for up to two years. | On August 25, 2022, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement (Enforcement) and CPower. In the Order, the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation into whether CPower complied with its offer obligations in the ISO-NE energy market during the period June 1, 2018 through February 28, 2019. Staff’s investigation determined that CPower’s conduct violated Section III.13.6.1.5.1 of the ISO-NE Tariff. CPower stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations. |
| ENGIE Energy Marketing NA, Inc., Docket No. IN24-6-000, Order Approving Stipulation and Consent Agreement, 187 FERC ¶ 61,084 (May 20, 2024) | Civil penalty in the amount of $48,000 and compliance monitoring | On May 20, 2024, the Commission approved the Stipulation and Consent Agreement (Agreement) between the ENGIE Energy Marketing NA, Inc. (EEMNA). The Agreement resolves Enforcement’s investigation into whether EEMNA misrepresented to the ISO New England Inc. (ISO-NE) Internal Market Monitor (IMM) that generator assets EEMNA managed qualified for an exemption from energy market mitigation between July 2021 and September 2022. EEMNA stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement. EEMNA agreed to pay a $48,000 civil penalty and to submit an annual compliance monitoring report one year from the effective date of the Agreement. |
| Enserco Energy, Inc., 128 FERC ¶ 61,173 (August 24, 2009) | $1,400,000 Civil Penalty | Civil penalty resulting from violations of the Commission's open access transportation program, including, improper release and acquisition of discounted rate capacity through flipping transactions, and violations of the shipper-must-have-title requirement. |
| Entergy Arkansas, LLC, Docket No. IN23-5-000, Order Approving Stipulation and Consent Agreement, 183 FERC ¶ 61,207 (June 22, 2023) | Civil Penalty of $52,000 to the United States Treasury; compliance monitoring | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Entergy Arkansas, LLC (EAL). The Agreement resolves Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2022), into violations of 18 C.F.R. § 35.41 (a) and (b) and Section 40.2.5.e of the Midcontinent Independent System Operator (MISO) Energy and Operating Reserve Markets Tariff (Tariff). On May 23, 2023, Enforcement and EAL agreed to terms that would resolve the Commission’s claims against EAL. EAL neither admitted nor denied liability and agreed to: (1) pay a civil penalty of $52,000 to the United States Treasury; and (2) be subject to compliance monitoring as detailed in the Agreement. |
| Entergy New Orleans, Inc., 122 FERC ¶ 61,219 (March 11, 2008) | $400,000 Civil Penalty | Civil penalty resulting from self-reported violations of the Commission’s shipper-must-have-title requirement. |
| Entergy Nuclear Power Marketing, LLC, Docket No. IN18-5-000, Order Approving Stipulation and Consent Agreement, 164 FERC ¶ 61,051 (July 25, 2018) | Disgorgement of $47,084, plus $8,280.48 interest, to ISO-NE. Civil Penalty of $115,000 to the United States Treasury. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Entergy Nuclear Power Marketing, LLC (ENPM). The Agreement resolves the investigation conducted by Enforcement into whether ENPM violated 18 C.F.R. §§ 35.41(a) and (b) and ISO New England Inc.’s (ISO-NE) Tariff, Market Rule 1 § III.13.6.1.1.1 (“Energy Market Offer Requirements”) and § III.1.10.1A(d) (“Day Ahead Energy Market Scheduling”) when ENPM: 1) failed to timely act in response to a natural gas pipeline notice restricting interruptible fuel transportation service, leading ENPM to have insufficient fuel to meet dispatch instructions at one gas-fired power plant, and 2) failed to timely update its open supply offer or otherwise notify ISO-NE of its potential inability to meet dispatch instructions after the notice was issued. Entergy admits to the facts set forth in the Agreement, but neither admits nor denies the violations. |
| Entergy Services, Inc., 118 FERC ¶ 61,027 (Jan. 18, 2007) | $2,000,000 Civil Penalty; $1,000,000 Charitable Donation; Compliance Enhancements; Independent Compliance Audit; Compliance Monitoring. | The Commission approved a settlement resolving findings, under FPA section 301, Parts 37 and 125 of the Commission’s regulations, and under the entity’s Open Access Transmission Tariff and the Standards of Conduct for Transmission Providers, for data loss; mismanagement of transmission service requests; and violations of various informational posting requirements. |
| Entergy Services, Inc., 142 FERC ¶ 61,241 (Mar. 28, 2013) | $975,000 Civil Penalty; Mitigation Measures; Compliance Monitoring. | The Commission approved a settlement resolving findings under 27 Requirements of 15 Reliability Standards concerning protection system maintenance; facility ratings; system modeling; operator qualification; and communication systems. |
| Enterprise Texas Pipeline LLC, 144 FERC ¶ 61,156 (Aug. 26, 2013) | $315,000 Civil Penalty; $7,234,539.62 Disgorgement; Compliance Monitoring. | The Commission approved a settlement resolving findings under NGPA section 311 and 18 C.F.R. § 284.123 that Enterprise failed to obtain Commission authorization for a fee it charged to its users. |
| Erie Boulevard Hydropower, L.P. and Brookfield Power US Assets Management, LLC (BPAM), 146 FERC ¶ 61,027 (Jan. 15, 2014) | $4,000,000 Civil Penalty against Erie; $1,700,000 Public Safety Enhancements by Erie and BPAM; Compliance and Operational Enhancements. | The Commission approved a settlement resolving findings under Part 12 of the Commission’s regulations for failure to adequately maintain and operate dam safety mechanisms. |
| ETRACOM LLC and Michael Rosenberg, Docket No. IN16-2-000, Order Approving Stipulation and Consent Agreement, 163 FERC ¶ 61,022 (April 10, 2018) Prior Commission Activity: Order Assessing Penalties, 155 FERC ¶ 61,284 (June 17, 2016) Order to Show Cause and Notice of Proposed Penalty, 153 FERC ¶ 61,314 (December 16, 2015) |
Civil penalties and disgorgement as follows: $1,500,508.28 in civil penalties to the U.S. Treasury against ETRACOM LLC. $315,072 in disgorgement, plus $84,419.72 in interest, by ETRACOM. | The Commission issued an Order Approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement), and ETRACOM LLC (ETRACOM) and Michael Rosenberg (together, Respondents) finding that the Agreement is in the public interest and resolves on fair and equitable terms: (a) the Commission’s claims against Respondents for violations of section 222 of the Federal Power Act (FPA) and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § lc.2 (2017), and (b) the Commission’s action captioned FERC v. ETRACOM LLC, No. 2:16-CV-01945-SB (E.D. Cal.). ETRACOM will also develop and implement a compliance program and provide Enforcement annual compliance reports for a period of two years. |
| EWP Renewable Corporation, Docket No. IN24-12-000, Order Approving Stipulation and Consent Agreement, 189 FERC ¶ 61,233 (Dec. 23, 2024) | Civil penalty of $722,000; disgorgement of $259,669 to ISO-New England, Inc.; and compliance monitoring | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and EWP Renewable Corporation (EWP). The Agreement resolves Enforcement’s investigation into whether EWP’s subsidiary operating company, Springfield Power, LLC (Springfield), violated the ISO-New England, Inc. (ISO-NE) Transmission, Markets, and Services Tariff and 18 C.F.R. § 35.41(a) while participating in the ISO-NE capacity market on certain days between November 2019 and August 2020. EWP stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement. EWP agrees to: (a) disgorge $259,669 to ISO-NE, inclusive of interest; (b) pay a civil penalty of $722,000 to the United States Treasury; and (c) submit an annual compliance monitoring report to Enforcement for one year with a second year at Enforcement’s discretion. |
| Exelon Generation Company, LLC, Docket No. IN20-3-000, Order Approving Stipulation and Consent Agreement, 170 FERC ¶ 61,008 (Jan. 10, 2020) | Civil Penalty of $32,500, and disgorgement and interest in the total amount of $116,480.45. | On January 10, 2020, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement (Enforcement) and Exelon Generation Company, LLC (Exelon). In the order the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2019), into whether Exelon failed to correct erroneous data transmitted to ISO New England Inc. regarding the type and quantity of fuel used to start up the company’s Mystic 7 generating unit located outside of Boston, MA. Exelon stipulates to the facts set forth in Section II of the Agreement and admits the alleged violations. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| FirstEnergy Corp., Docket No. IN23-2-000, Order Approving Stipulation and Consent Agreement, 181 FERC ¶ 61,277 (December 30, 2022) | Civil penalty in the amount of $3,860,000 and compliance monitoring for two years. | On December 30, 2022, the Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and FirstEnergy Corp. (FirstEnergy). In its Order, the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation into whether FirstEnergy omitted material information that was responsive to data requests issued by auditors from Enforcement’s Division of Audits and Accounting during its audit of FirstEnergy and its affiliates and subsidiaries. During its investigation, Enforcement staff concluded that FirstEnergy had omitted material information in violation of the Commission’s Duty of Candor rule, 18 C.F.R. § 35.41(b), and the audit provisions of the Public Utility Holding Company Act of 2005, Section 301 of the Federal Power Act, and the related provisions of Commission regulations at 18 C.F.R. § 366.2. FirstEnergy stipulates to the facts set forth in Section II of the Agreement and admits to the violations described in Section III of the Agreement. |
| Florida Blackout, 129 FERC ¶ 61,016 (October 8, 2009) | $25,000,000 Civil Penalty | Civil penalty resulting from violations of Mandatory Reliability Standards for the Bulk Power System Order No. 693, FERC Stats & Regs ¶ 31,342 (2007). |
| Florida Blackout, 130 FERC ¶ 61,163 (March 5, 2010) | $350,000 Civil Penalty | Civil penalty against Florida Reliability Coordinating Council, Inc. resulting from violations of Mandatory Reliability Standards for the Bulk-Power System, Order No. 693, FERC Stats. & Regs. ¶ 31,242 (2007). |
|
Footprint Power LLC and Footprint Power Salem Harbor Operations LLC, Docket No. IN18-7-000, Order Terminating Order to Show Cause Proceeding, 166 FERC ¶ 61,150 (February 25, 2019) Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 163 FERC ¶ 61,198 (June 18, 2018) |
None. | On June 18, 2018, the Commission ordered Footprint Power LLC and Footprint Power Salem Harbor Operations LLC (collectively, Footprint) to show cause why it should not be found to have violated ISO-NE Tariff, Market Rule 1, §§ III.1.7.20(b) and (f), III.1.10.1A(d), and III.13.6.1.1.2 by submitting false and misleading supply offers for Unit 4 of Footprint’s multi-unit Salem Harbor Power Plant in Salem, Massachusetts and by failing to report the fuel status and related operational status of Unit 4 to ISO-NE from June 26, 2013 through July 25, 2013. The Commission considered filings made in the order to show cause proceeding, which included an Answer and Amended Answer to the order to show cause by Footprint, and a reply to Footprint’s Answer by Office of Enforcement Litigation Staff (OE Staff). OE Staff, in their Reply, acknowledged a new defense presented by Footprint in its Answer. OE Staff found merit in the new defense and recommended to the Commission that the order to show cause be vacated and no penalties be assessed against Footprint. The Commission agreed with OE Staff’s assessment and recommendation. On February 25, 2019, the Commission issued an order terminating the order to show cause proceeding. No penalties were assessed against Footprint. |
|
Freeport LNG Development, L.P., Docket No. IN17-7-000, Order Approving Stipulation and Consent Agreement, 174 FERC ¶ 61,055 (Jan. 28, 2021) Prior Commission Activity: Order Granting Construction of LNG Facility, Freeport LNG Dev., L.P., 107 FERC ¶ 61,278 (Jun. 18, 2004) Order Granting Construction of LNG Export Terminal, Freeport LNG Dev., L.P. et al., 148 FERC ¶ 61,076 (Jul. 30, 2014) |
Civil Penalty of $550,000. | On January 28, 2021, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement (Enforcement) and Freeport LNG Development, L.P. (Freeport). In the Order the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2020), into whether Freeport violated Section 3(e) of the Natural Gas Act (NGA) (15 U.S.C. § 717b(e) (2012)) and the Commission’s Order in Freeport LNG Dev., L.P., 148 FERC ¶ 61,076 (2014) by clearing and stabilizing a portion of its site without prior Commission authorization and failing to provide a complete and accurate account of that violation. Freeport stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Galt Power Inc., Docket No. IN20-5-000, Order Approving Stipulation and Consent Agreement, 187 FERC ¶ 61,224 (June 28, 2024) | Civil penalty in the amount of $1,500,000; disgorgement of $372,297.85 to the Commonwealth of Massachusetts from Galt Power Inc; and compliance monitoring | On June 28, 2024, the Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Galt Power Inc., (Galt). The Agreement resolves Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2024), into whether Galt violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2 (2024), and section 222 of the Federal Power Act by repeatedly engaging in prohibited wash trades between the New York Independent System Operator and ISO New England Inc. markets between July 8, 2016 and April 23, 2019. Galt stipulates to the fact section set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement. Galt agreed to: (1) pay a $1,500,000 civil penalty; (2) pay the Commonwealth of Massachusetts disgorgement of $327,297.85; and (3) submit to compliance monitoring for at least two years. |
| GDF SUEZ Energy Marketing NA, Inc. (GSEMNA), Docket No. IN17-2-000, Order Approving Stipulation and Consent Agreement, 158 FERC ¶ 61,102 (February 1, 2017) | Disgorgement in the amount of $40,800,000 to PJM. Civil Penalty in the amount of $41,000,000 to the United States Treasury. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and GDF SUEZ Energy Marketing NA, Inc. (GSEMNA). The Agreement resolves the investigation conducted by Enforcement into whether GSEMNA violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c (2016), by improperly targeting and increasing its receipt of lost opportunity cost credits (LOCs) in the PJM Interconnection, L.L.C. (PJM) market. GSEMNA neither admits nor denies the alleged violations, but agrees to pay the amounts as outlined in the Agreement, and to be subject to monitoring that includes submission of an annual compliance monitoring report, with the requirement of a second annual report at Enforcement’s option. |
| GenOn Holdings, Inc., Docket No. IN25-3-000, Order Approving Stipulation and Consent Agreement, 191 FERC ¶ 61,144 (May 20, 2025) | Civil penalty of $390,000; disgorgement of $172,306, plus interest, to the PJM Interconnection, LLC; and compliance monitoring. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and GenOn Holdings, Inc. (GenOn). The Agreement resolves Enforcement’s investigation into whether GenOn violated the PJM Interconnection, LLC (PJM) Open Access Transmission Tariff, PJM’s Amended and Restated Operating Agreement, and Commission regulations by not offering the available capacity of eight units into the PJM energy markets, despite the facilities’ obligations as capacity resources to do so between August 2021 and March 2022. GenOn stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement. GenOn agrees to: (a) disgorge $172,306, plus interest, to PJM; (b) pay a civil penalty of $390,000 to the United States Treasury; and (c) be subject to compliance monitoring as provided in the Agreement. |
| Georgia-Pacific Crossett LLC, Docket No. IN23-12-000, Order Approving Stipulation and Consent Agreement, 184 FERC ¶ 61,151 (September 13, 2023) | Civil penalty in the amount of $1,200,000 | On September 13, 2023, the Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Georgia-Pacific Crossett LLC (Georgia-Pacific). In its Order, the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation into whether Georgia-Pacific violated any Commission statutes, rules, regulations, or orders, including but not limited to 18 C.F.R. section 157, in connection with the abandonment of the 19.5 mile, 8-inch diameter interstate pipeline at issue in Commission Docket No. CP22-16. During its investigation, Enforcement concluded that Georgia-Pacific (a) violated section 7(b) of the Natural Gas Act (NGA), 15 U.S.C. § 717f(b), by abandoning the pipeline without Commission approval, and (b) violated section 157.5 of the Commission’s regulations, 18 C.F.R. § 157.5, by failing to set forth all information necessary to fully advise the Commission concerning the company’s request for approval to abandon the pipeline. In its abandonment application and in its later communications with the Commission in response to Commission information requests, Georgia-Pacific described abandonment activities that already occurred as if they would be occurring in the future. Georgia-Pacific stipulated to the facts set forth in Section II of the Agreement and neither admitted nor denied the violations described in Section III of the Agreement. |
| Gexa Energy, L.L.C., 120 FERC ¶ 61,175 (Aug. 21, 2007) | $500,000 Civil Penalty; $12,481.41 Disgorgement. | The Commission approved a settlement resolving findings under FPA section 203 and Part 35 of the Commission’s regulations for failure to timely obtain Market Based Rate authority; failure to follow the conditions of its MBR order; failure to file quarterly reports (EQRs) of its sales; and failure to seek Commission approval when it merged with another company. |
| Gila River Power, LLC 141 FERC ¶ 61,136 (November 19, 2012) | $2,500,000 Civil Penalty; $910,553 Disgorgement; Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving admitted violations under the Anti-Manipulation Rule, 18 C.F.R. § 1c.2, and under 18 C.F.R. § 35.41(b) that Gila River falsely labeled transactions submitted to the CAISO in order to artificially relieve congestion at interties and thereby improve profits on certain imports. |
| Golden Spread Electric Cooperative, Inc. (Golden Spread), Docket No. IN21-9-000, Order Approving Stipulation and Consent Agreement, 177 FERC ¶ 61,109 (Nov. 18, 2021). | Civil Penalty to the United States of $550,000; disgorgement and interest to the Southwest Power Pool, Inc. (SPP) of $375,000; annual compliance monitoring reporting; enhancements to Golden Spread’s compliance program, including additional training. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Golden Spread. The Agreement resolves the investigation Enforcement conducted under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2021), into whether Golden Spread violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2 (2021), by offering its Mustang Station generating unit into SPP’s market in a manner that improperly targeted and increased Day-Ahead Market make whole payments. Golden Spread stipulates to the facts set forth in the Agreement, but neither admits nor denies a violation. |
| Grand River Dam Authority, 136 FERC ¶ 61,132 (August 29, 2011) | $350,000 Civil Penalty; $2,000,000 Mitigation and Compliance Enhancement Measures; Compliance Monitoring. | The Commission approved a settlement resolving findings under 52 Requirements of 19 Reliability Standards concerning long-term and operational system planning; communications network maintenance and architecture; preparedness for emergency operations; protection system maintenance; accurate facility ratings and system models; documentation of interconnection requirements; and system operator training. |
| Green Mountain Power Corp., Docket No. IN25-15-000, Order Approving Stipulation and Consent Agreement, 194 FERC ¶ 61,014 (Jan. 6, 2026) | Civil penalty of $32,500; disgorgement of $94,833.26, plus interest to ISO-NE; and compliance monitoring. |
The Commission approved a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement and Regulatory Accounting (Enforcement) and Green Mountain Power Corporation (Green Mountain). The Agreement resolves Enforcement’s investigation into whether Green Mountain violated the ISO-NE Transmission, Markets, and Services Tariff and the Commission’s Market Behavior Rules, 18 C.F.R. § 35.41 (2025), by failing to properly report outages at the Bolton Falls Dam project, between September 27, 2022 and December 27, 2024. Green Mountain stipulates to the facts set forth in Section II of the Agreement, and admits the violations alleged in Section III of the Agreement. Green Mountain agrees to: (a) pay a civil penalty of $32,500 to the United States Treasury; (b) pay disgorgement of $94,833.26, plus interest, to ISO-NE; (c) submit two annual compliance monitoring reports to Enforcement, with the requirement of a third annual report at Enforcement’s option; and (d) conduct annual training for three consecutive years on compliance with applicable ISO-NE market rules—including but not limited to outage reporting requirements. |
| Green Plains, Inc., Docket No. IN25-2-000, Order Approving Stipulation and Consent Agreement, 191 FERC ¶ 61,200 (June 13, 2025) | Civil penalty of $927,900; restitution of $19,069, plus interest; implement compliance measures plus compliance monitoring for three years, with the option for an additional report; two-year trading ban. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Green Plains, Inc. (Green Plains). The Agreement resolves Enforcement’s investigation into whether Green Plains violated Section 4A of the Natural Gas Act (NGA) and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.1, by selling physical gas at a loss or negligible profit at MichCon during bidweek in four months in 2023 to benefit its financial positions. Green Plains stipulates to the facts in Section II of the Agreement, but neither admits nor denies to the violations in Section III of the Agreement. Green Plains agrees to: (1) pay a civil penalty of $927,900 to the United States Treasury (2) pay restitution of $19,069, plus interest to five affected companies; (3) implement compliance measures plus compliance monitoring as provided in the Agreement; and (4) institute a trading ban of 2 years at MichCon during bidweek if the Company holds a related financial position that settles on the IFERC MichCon index. |
|
GreenHat Energy, LLC, Luan Troxel in her capacity as Executor for the Estate of Andrew Kittell, John Bartholomew, and Kevin Ziegenhorn, Docket No. IN18-9-000, Order Approving Stipulation and Consent Agreement (GreenHat and Kittell Estate), 180 FERC ¶ 61,109 (Aug. 19, 2022), Order Approving Stipulation and Consent Agreement (Bartholomew & Ziegenhorn), 180 FERC ¶ 61,108 (Aug. 19, 2022) Prior Commission Activity: Order to Show Cause, 175 FERC ¶ 61,138 (May 20, 2021); Order Assessing Civil Penalties, 177 FERC ¶ 61,073 (Nov. 5, 2021); Complaint, FERC v. GreenHat Energy, LLC, Civ. No. 22-00044 (E.D. Pa. Jan. 6, 2022) |
Disgorgement to PJM: GreenHat Energy, LLC and Estate of Andrew Kittell ($600,000); Kevin Ziegenhorn ($400,000); John Bartholomew ($375,000). 10-year trader ban for Bartholomew and Ziegenhorn in Commission-jurisdictional markets; permanent trader ban for both in PJM. Agreement by GreenHat to entry of $179,600,573 judgment in favor of PJM in Texas state court. Agreement by GreenHat to dismissal of $62 million lawsuit against Shell Energy. |
The Commission determined that GreenHat Energy, LLC (GreenHat), John Bartholomew, Kevin Ziegenhorn, and Andrew Kittell, represented by the Executor of his Estate, violated section 222 of the Federal Power Act (FPA) and section 1c.2 of the Commission’s regulations by engaging in a manipulative scheme in the Financial Transmission Rights market operated by PJM Interconnection, L.L.C. (PJM). The Commission also determined that GreenHat violated PJM’s Tariff and Operating Agreement. The Commission assessed civil penalties in the following amounts: $179,600,573 against GreenHat, $25 million against Bartholomew, and $25 million against Ziegenhorn. The Commission also directed GreenHat, Bartholomew, Ziegenhorn, and the Kittell Estate, jointly and severally, to disgorge unjust profits of $13,072,428, plus applicable interest. The Commission filed suit against GreenHat, the Kittell Estate, Bartholomew, and Ziegenhorn in the U.S. District Court for the District of Pennsylvania on January 6, 2022. On August 19, 2022, the Commission approved two settlements that wholly resolved the matter: one with GreenHat and the Kittell Estate, and one with Bartholomew and Ziegenhorn. GreenHat and the Estate agree to pay $600,000 in disgorgement (based on ability to pay); Bartholomew and Ziegenhorn agree to pay a total of $775,000 in disgorgement (also based on ability to pay); Bartholomew and Ziegenhorn agree not to trade in Commission-jurisdictional markets for ten years, and never to trade in PJM; GreenHat agrees to entry of judgment of $179,600,573 in favor of PJM in a Texas state court lawsuit; and GreenHat agrees to dismiss $62 million lawsuit against Shell, which was based on factual claims that the Commission determined in the Penalty Order to be false. The settlement with GreenHat and the Estate is subject to approval by the San Diego Probate Court. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| High Desert Power Project, LLC and Middle River Power LLC, Docket No. IN20-6-000, Order Approving Stipulation and Consent Agreement, 173 FERC ¶ 61,087 (Oct. 23, 2020) | Civil Penalty of $390,000 and disgorgement of $176,000 plus interest. | On October 23, 2020, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement, High Desert Power Project, LLC (HDPP), and Middle River Power LLC (MRP) (collectively High Desert). The Order resolved Enforcement’s investigation into whether High Desert took advantage of a California Independent System Operator (CAISO) software error and submitted Residual Unit Commitment (RUC) offers into CAISO’s day-ahead market in a manner that sought to maximize any Bid Cost Recovery (BCR) that might be awarded, in violation of section 222 of the Federal Power Act (FPA) and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2 (2020). High Desert admits to the facts set forth in the Agreement, but neither admits nor denies the alleged violation. High Desert also agrees to submit annual compliance reports. |
| Holyoke Gas and Electric Department, 137 FERC ¶ 61,159 (November 29, 2011) | $336,368 Disgorgement. | The Commission approved a settlement resolving findings under the Anti-Manipulation Rule, 18 C.F.R. § 1c.2, for failure to advise the ISO-NE of planned outages of generation units that were registered in the ISO’s capacity market. |
| Houlian Chen Powhatan Energy Fund, LLC HEEP Fund, LLC. CU Fund, Inc., Docket No. IN15-3-000, Order Assessing Civil Penalties, 151 FERC ¶ 61,179 (May 29, 2015) Prior Commission Activity: Order Revising Show Cause Order 149 FERC ¶ 61,263 (December 18, 2014), Order to Show Cause and Notice of Proposed Penalty, 149 FERC ¶ 61,261 (December 17, 2014) |
Powhatan Energy Fund: Civil Penalty of $16,800,000 and Disgorgement of $3,465,108 in unjust profits; CU Fund: Civil Penalty of $10,080,000 and Disgorgement of $1,080,576 in unjust profits; HEEP Fund: Civil Penalty of $1,920,000 and Disgorgement of $173,100 in unjust profits; Houlian Chen: Civil Penalty of $500,000 for his acts on behalf of Powhatan Energy Fund and HEEP Fund and $500,000 for his acts on behalf of CU Fund. | The Commission issued an Order Assessing Civil Penalties finding a violation of the section 222 of the Federal Power Act (FPA), 16 U.S.C. § 824v, and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, by engaging in fraudulent Up To Congestion (UTC) transactions in order to collect Marginal Loss Surplus Allocation (MLSA) payments in PJM Interconnection L.L.C.’s energy markets. Chen and the other named respondents elected the procedures of FPA section 31(d)(3), in which the Commission assesses a penalty and, if the penalty is not paid within 60 days, then institutes an action in federal district court to review the assessment. |
| Houlian Chen Powhatan Energy Fund, LLC HEEP Fund, LLC. CU Fund, Inc. , 149 FERC ¶ 61,261 (December 17, 2014) Order Revising Show Cause Order 149 FERC ¶ 61,263 (December 18, 2014) |
Proposed civil penalties and disgorgement as follows: Powhatan Energy Fund: Civil Penalty of $16,800,000 and Disgorgement of $3,465,108 in unjust profits; CU Fund: Civil Penalty of $10,080,000 and Disgorgement of $1,080,576 in unjust profits; HEEP Fund: Civil Penalty of $1,920,000 and Disgorgement of $173,100 in unjust profits; Houlian Chen: Civil Penalty of $500,000 for his acts on behalf of Powhatan Energy Fund and HEEP Fund and $500,000 for his acts on behalf of CU Fund. | The Commission issued an Order Assessing Civil Penalties finding a violation of the section 222 of the Federal Power Act (FPA), 16 U.S.C. § 824v, and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, by engaging in fraudulent Up To Congestion (UTC) transactions in order to collect Marginal Loss Surplus Allocation (MLSA) payments in PJM Interconnection L.L.C.’s energy markets. |
|
Houlian Chen,
Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 149 FERC ¶ 61,261 (Dec. 17, 2014) Order Revising Show Cause Order 149 FERC ¶ 61,263 (Dec. 18, 2014) Notice of De Novo Election (Jan. 12, 2015) Order Assessing Civil Penalties, 151 FERC ¶ 61,179 (May 29, 2015) Petition for an Order Affirming FERC’s Order Assessing Civil Penalties (Case No. 3:15-cv-0452) (July 31, 2015). |
Disgorgement of $600,000 to PJM from the Chen Defendants; Trader ban of 2 years from Commission-jurisdictional markets. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and the Chen Defendants (Houlian Chen, HEEP Fund, LLC, and CU Fund, Inc.). The Agreement resolves the litigation between the Chen Defendants and the Commission for violations of section 222 of the Federal Power Act (FPA) and 18 C.F.R. § 1c.2. On October 25, 2021, Enforcement and the Chen Defendants agreed to terms that would resolve the Commission’s claims against the Chen Defendants. The Chen Defendants neither admitted nor denied liability and agreed to: (1) pay PJM disgorgement $600,000 based on a demonstrated inability to pay; (2) a trader-ban of 2 years from Commission-jurisdictional markets; and (3) a factual stipulation accompanied by an agreement to testify in the case. The settlement agreement in no way alters the Commission’s ongoing claims against Powhatan. |
|
Houlian Chen,
Prior Commission Activity: Docket No. IN15-3-000, Order Approving Stipulation and Consent Agreement, 177 FERC ¶ 61,076 (Oct. 29, 2021) and FERC v. Powhatan Energy Fund, LLC, et al., Case No. 3:15-cv-0452 (E.D. Va.) Order to Show Cause and Notice of Proposed Penalty, 149 FERC ¶ 61,261 (Dec. 17, 2014) Order Revising Show Cause Order 149 FERC ¶ 61,263 (Dec. 18, 2014) Notice of De Novo Election (Jan. 12, 2015) Order Assessing Civil Penalties, 151 FERC ¶ 61,179 (May 29, 2015) Petition for an Order Affirming FERC’s Order Assessing Civil Penalties (Case No. 3:15-cv-0452) (July 31, 2015). |
Civil Penalty of $16,800,000 and Disgorgement $3,465,108. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and the Chen Defendants (Houlian Chen, Heep Fund, LLC, and CU Fund, Inc.). The Agreement resolves the litigation between the Chen Defendants and the Commission for violations of section 222 of the Federal Power Act (FPA) and 18 C.F.R. § 1c.2. On October 25, 2021, Enforcement and the Chen Defendants agreed to terms that would resolve the Commission’s claims against the Chen Defendants. The Chen Defendants neither admitted nor denied liability and agreed to: (1) pay PJM disgorgement of $600,000 based on a demonstrated inability to pay; (2) a trader-ban of 2 years from Commission-jurisdictional markets; and (3) a factual stipulation accompanied by an agreement to testify in the case. The settlement agreement in no way altered the Commission’s claims against Powhatan, which were ultimately resolved by Default Judgment issued by the U.S. District Court, Eastern District of Virginia, Richmond Division, on March 22, 2023. The default judgment affirmed the Commission’s civil penalty order and awarded $3,465,108 in disgorgement and $16,800,000 in civil penalties. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Imperial Irrigation District, 148 FERC ¶ 61,108 (August 7, 2014) | $12,000,000, offset by $9,000,000 in Reliability Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under 10 Requirements of 4 Reliability Standards for failures to: perform certain necessary operational planning studies, coordinate those studies with its neighboring transmission operators, establish valid system operating limits, conduct near- and long-term planning studies that consider the most severe system results, and operate the system to prevent any disturbance from creating emergency operating conditions. |
| Integrys Energy Services, Inc., 125 FERC ¶ 61,089 (October 24, 2008) | $800,000 Civil Penalty, $194,506 Disgorgement | Civil penalty, disgorgement, and a 1 year compliance monitoring plan resulting from a self-report for violations of shipper-must-have-title requirements and circumvention of the posting and bidding requirements for released capacity. |
| Interstate Power and Light Company, Docket No. IN25‑6‑000, Order Approving Stipulation and Consent Agreement, 195 FERC ¶ 61,048 (Apr. 17, 2026) | Interstate neither admitted nor denied the violations but agreed to pay a civil penalty of $70,000 to the United States Treasury and to comply with specified monitoring provisions. As part of the settlement, Interstate will submit annual compliance monitoring reports to Enforcement for two years, with the option for a third year. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement and Regulatory Accounting and Interstate Power and Light Company. As set forth in the Agreement, Enforcement determined that during the Relevant Period Alliant Energy Corporate Services, Inc. (AECS), acting on behalf of Interstate Power and Light Company, violated Commission regulations by: (a) misrepresenting to Potomac Economics the operational status of the Marshalltown Combustion Turbine (MTown CT) during a routine audit; (b) providing false statements regarding the causes and timing of outages at MTown CT Unit 1 and MTown CT Unit 3; (c) submitting inaccurate information in AECS’s initial Audit Response; and (d) failing to exercise due diligence to ensure the accuracy of communications with a Commission‑approved market monitor, resulting in the assessment of Capacity Replacement Non‑Compliance Charges on Interstate Power and Light Company. |
| Indianapolis Power & Light Company, 148 FERC ¶ 61,007 (July 3, 2014) | $32,500 Civil Penalty; $301,000 Disgorgement; Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving admitted violation of section 39.2.5 (c) of the MISO tariff for failure to adjust its real-time offers for the unit to reflect its actual capacity on two days when conditions limited its available output. |
| International Transmission Company, Michigan Electric Transmission Company, LLC, ITC Midwest LLC, ITC Great Plains, LLC, 146 FERC ¶ 61,172 (Mar. 11, 2014) | $750,000 Civil Penalty; Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under FPA section 205 for failure to timely file jurisdictional contracts and under FPA section 203 for failure to timely seek Commission authorization for jurisdictional transactions. |
| ISO-New England, Inc., Order Approving Stipulation and Consent Agreement, IN18-8-000, 180 FERC ¶ 61,223 (September 30, 2022) | Civil Penalty in the amount of $500,000, specific investments in its compliance program at an estimated cost of up to $350,000, and annual compliance monitoring for up to two years. | On September 30, 2022, the Commission approved a settlement agreement (Agreement) between the Office of Enforcement and ISO-New England, Inc. (ISO-NE) resolving Enforcement’s investigation relating to ISO-NE’s capacity payments to Salem Harbor Power Development LP (DevCo) for DevCo’s New Salem Harbor Generating Station project (Project) before the Project was commercial. Enforcement found that ISO-NE violated multiple provisions in its tariff that, if followed, would have forced DevCo to sell off its capacity award. Enforcement also found that ISO-NE violated a tariff provision requiring it to provide the Market Monitor with “access to all market data, resources and personnel sufficient to enable” the Market Monitor to perform its market monitoring and mitigation functions. ISO-NE stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Jefferson Energy Trading, LLC, Wizco, Inc., Golden Stone Resources, LLC, 126 FERC ¶ 61,040 (January 15, 2009) | $585,000 Civil Penalty | Civil penalty and compliance reporting resulting from violations of 18 C.F.R. § 1c.1, in connection with an attempt to engage in multiple affiliate bidding to impair the pro rata allocations in an auction. |
| Josco Energy Corp., Docket No. IN24-7-000, Order Approving Stipulation and Consent Agreement, 187 FERC ¶ 61,221 (June 28, 2024) | Civil Penalty of $5,000 | The Commission issued an Order approving the Stipulation and Consent Agreement (Agreement) resolving the investigation of Josco Energy Corp. (Josco). As set out in the terms of the Agreement, Josco neither admitted nor denied the violations, but stipulated to the facts contained therein. Josco agreed to pay a civil penalty of $5,000. The Agreement does not require that the company to submit to compliance monitoring. |
| Joseph Polidoro, 138 FERC ¶ 61,018 (January 11, 2012) | $50,000 Civil Penalty; Market Participation Restrictions (2 years) against individual founding partner. | The Commission approved a settlement resolving findings under the Anti-Manipulation Rule, 18 C.F.R. § 1c.2, for registering resources in PJM’s demand response program that he knew were unavailable to respond to events and receiving payments for load reduction those resources did not provide. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
|
Ketchup Caddy, LLC and Philip Mango, Docket No. IN23-14-000, Order Assessing Civil Penalties, 189 FERC ¶ 61,176 (Dec. 5, 2024) Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 186 FERC ¶ 61,132 (Feb. 21, 2024) |
Civil penalties and disgorgement as follows: $25,000,000 civil penalty against Ketchup Caddy; $1.5 million civil penalty against Mango: $506,502 in disgorgement, plus interest, by Mango. | Following an Order to Show Cause proceeding, the Commission issued an Order Assessing Civil Penalties against Ketchup Caddy, LLC (Ketchup Caddy) and Philip Mango. The order found that Ketchup Caddy and Mango engaged in a scheme to register demand response resources with the Midcontinent Independent System Operator, Inc. (MISO) without those resources’ knowledge or consent, thereby violating section 222(a) of the Federal Power Act (FPA) and section 1c.2(a) of the Commission’s regulations. The order also found that Ketchup Caddy violated sections 69A.3.5 and 69A.7.1 of the MISO Open Access Transmission, Energy and Operating Reserve Markets Tariff by offering uncontracted resources into the annual Planning Resource Auctions (PRA) that MISO uses to procure capacity necessary to maintain reliability of the MISO grid. The Commission assessed a civil penalties of $25,000,000 against Ketchup Caddy and $1,500,000 against Mango. The Commission also ordered Mango to disgorge $506,502, plus interest. |
| Klabzuba Oil & Gas, F.L.P., 126 FERC ¶ 61,040 (January 15, 2009) | $300,000 Civil Penalty | Civil penalty and compliance reporting resulting from violations of 18 C.F.R. § 1c.1, in connection with an attempt to engage in multiple affiliate bidding to impair the pro rata allocations in an auction. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Leapfrog Power, Inc., Docket No. IN23-7-000, Order Approving Stipulation and Consent Agreement, 183 FERC ¶ 61,137 (May 22, 2023) | Civil penalty of $73,880 to the United States Treasury; disgorgement of $46,120 to CAISO; compliance monitoring | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Leapfrog Power, Inc. (Leap). The Agreement resolves Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2022), into violations of CAISO Tariff section 37.3.1.1, which requires resources to make bids that they reasonably expect to be able to fulfill. On April 10, 2023, Enforcement and Leap agreed to terms that would resolve the Commission’s claims against Leap. Leap neither admitted nor denied liability and agreed to: (1) pay a civil penalty of $73,880 to the United States Treasury; (2) disgorge $46,120 to CAISO; and (3) be subject to compliance monitoring as detailed in the Agreement. |
| Lincoln Paper and Tissue, LLC, Docket No. IN12-10-000, Order Approving Stipulation and Consent Agreement, 155 FERC ¶ 61,228 (June 1, 2016) Prior Commission Activity: Order Assessing Civil Penalties, 144 FERC ¶ 61,162 (August 29, 2013); Order to Show Cause, 140 FERC ¶ 61,031 (July 17, 2012) |
Disgorgement and civil penalties as follows, respectively: $379,016.03, in disgorgement. $5,000,000 in civil penalties. | During an Order to Show Cause proceeding before the Commission, Lincoln elected the procedures of FPA section 31(d)(3), in which the Commission assessed a penalty and on December 2, 2013, filed a Petition in the United States District Court for the District of Massachusetts to affirm and enforce its Order Assessing Civil Penalty. On April 11, 2016, the United States District Court for the District of Massachusetts denied Lincoln’s Motion to Dismiss and transferred the Litigation to the United States District Court for the District of Maine. On September 28, 2015, Lincoln filed for bankruptcy under Chapter 11 of the United States Bankruptcy Code, in the United States Bankruptcy Court for the District of Maine. On June 1, 2016, the Commission issued an Order Approving Stipulation and Consent Agreement (Agreement). The Agreement resolves the investigation into whether Lincoln engaged in fraudulent conduct in its participation in ISO-New England, Inc.’s (ISO-NE) Day-Ahead Load Response Program (DALRP), thereby violating the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2 and section 222 of the Federal Power Act (FPA), and the subsequent Order Assessing Civil Penalties that resulted from the underlying Order to Show Cause proceeding relating to Enforcement’s investigation. Lincoln neither admits nor denies the allegations. The Commission-approved settlement was filed with the United States Bankruptcy Court for the District of Maine, which approved it on July 18, 2016 (In re Lincoln Paper and Tissue, LLC, Case No. 15-10715 (Bankr.D.Me. July 18, 2016) (ECF 637). Consistent with the settlement, the District Court case was closed on August 8, 2016 (FERC v. Lincoln Paper and Tissue, LLC, 1:16-cv-206 (D.Me. Aug. 8, 2016) (ECF 112)). |
| Linde, Inc. and Northern Indiana Public Service Company, Docket No. IN24-3-000, Order Approving Stipulation and Consent Agreement, 186 FERC ¶ 61009 (January 4, 2024) | Civil penalty of $10,500,000 paid by Linde, Inc. (Linde); disgorgement of $48,500,000 by Linde; disgorgement of $7,700,000 by Northern Indiana Public Service Company (NIPSCO); commitment by NIPSCO to ensure that disgorged funds paid to NIPSCO are returned to ratepayers; commitment by Linde to training and reporting if it again participates in MISO demand response program. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Linde, Inc. (Linde) and Northern Indiana Public Service Company (NIPSCO). The Agreement resolves Enforcement’s investigation into whether Linde and/or NIPSCO violated the Federal Power Act, the MISO Tariff, or Commission regulations, in connection with Linde’s participation, through NIPSCO, in a MISO demand response program. Linde and NIPSCO stipulated to the facts set forth in the Agreement. Linde agreed to (a) pay a $10,500,000 civil penalty to the U.S. Treasury and (b) pay $48,500,000 in disgorgement. NIPSCO agreed to pay $7,700,000 in disgorgement. NIPSCO agreed to take specific steps with its state regulator to ensure that disgorged funds paid to NIPSCO will be paid to NIPSCO ratepayers (other than Linde). Linde agreed that, should it ever participate as a demand response unit in MISO in the future, it will provide training to its staff and alert Enforcement and the MISO Market Monitor. |
| Los Angeles Department of Water and Power, Docket No. IN25-11-000, Order Approving Stipulation and Consent Agreement, 193 FERC ¶ 61,010 (Oct. 2, 2025) | Civil penalty of $350,000 and compliance monitoring. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement and Regulatory Accounting (Enforcement) and the Los Angeles Department of Water and Power (LADWP). The Agreement resolves Enforcement’s investigation into whether LADWP violated §§ 401.3 (Data Access) and 403.10 (Information Submittal) of the North American Electric Reliability Corporation’s (NERC) Commission-approved Rules of Procedure (ROP) and related Commission regulations (18 C.F.R. §§ 39.2(b) and (d)) by intentionally submitting false, inaccurate, or misleading information to the Western Electricity Coordinating Council (WECC) during a 2020 audit. LADWP stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement. LADWP agrees to: (a) pay a $350,000 civil penalty to the U.S. Treasury and (b) submit an annual compliance monitoring report to Enforcement for two years with a third year at Enforcement’s discretion. |
| Louisville Gas and Electric Co., 127 FERC ¶ 61,068 (April 22, 2009) | $350,000 Civil Penalty | Civil penalty and compliance reporting resulting from violations of 18 C.F.R. § 284.8(h) posting and bidding requirements, improper release and acquisition of discounted rate capacity through flipping transactions. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| M3 Ohio Gathering LLC and Utica East Ohio Midstream LLC and UEOM NGL Pipelines LLC, Docket No. IN22-6-000, Order Approving Stipulation and Consent Agreement, 179 FERC ¶ 61,221 (June 24, 2022) | Civil Penalty in the amount of $30,000 against M3 Ohio Gathering LLC, and requirement that and UEOM NGL Pipelines LLC certify and submit all outstanding FERC Form No. 6s through the Commission’s eForms portal. | On June 24, 2022, the Commission approved a settlement agreement (Agreement) between the Office of Enforcement and M3 Ohio Gathering LLC (M3) and Utica East Ohio Midstream LLC and UEOM NGL Pipelines LLC (UEOM)(collectively, Utica East), resolving Enforcement’s investigation into Utica East’s failure to submit annual and quarterly Form No. 6s during the period 2013-2019. Enforcement found that M3 and Utica East’s failure to submit those forms violated Part I, Section 20(1) of the Interstate Commerce Act and the Commission’s regulations (18 C.F.R. § 357.2(a)). M3 and Utica East stipulate to the facts set forth in Section II of the Agreement, but neither admit nor deny the alleged violations. |
| Make-Whole Payments and Related Bidding Strategies (JP Morgan Ventures Energy Corporation), 144 FERC ¶ 61,068 (July 30, 2013) | $285,000,000 Civil Penalty; $125,000,000 Disgorgement; Waiver of Claims (for additional market payments and in related litigation); Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under its Anti-Manipulation Rule, 18 C.F.R. § 1c.2, and also under MISO tariff 39.2.5.c, for multiple strategies in the CAISO and MISO markets intended to obtain above-market payments through fraudulent bidding practices. |
| 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, Docket No. IN15-4-000, Order Approving Stipulation and Consent Agreement, 156 FERC ¶ 61,223 (September 26, 2016), Prior Commission Activity: Order Assessing Civil Penalties, 151 FERC ¶ 61,094 (May 1, 2015), Order to Show Cause and Notice of Proposed Penalty, 150 FERC ¶ 61,068 (February 2, 2015). |
Disgorgement by Maxim Power Corp. of $4,000,000 to ISO-NE. Civil Penalty by Maxim Power Corp. of $4,000,000 to United States Treasury. | 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. Maxim and the other named corporate respondents including Mitton elected the procedures of FPA section 31(d)(3), in which the Commission assesses a penalty and, if the penalty is not paid, then institutes an action in federal district court to review the assessment. On September 26, 2016, the Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Maxim Power Corp., Maxim Power (USA), Inc., Maxim Power (USA) Holding Company Inc., Pawtucket Power Holding Company, LLC, and Pittsfield Generating Company, LP (Maxim Respondents), finding that the Agreement resolves on fair and equitable terms Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. § 1b, into whether the Maxim Respondents violated section 222 of the Federal Power Act (FPA) and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c and the Commission’s rule concerning communications by entities with market-based rate authority. The Maxim Respondents neither admit nor deny the alleged violations and agree to pay the disgorgement and civil penalty outlined in the Agreement. The Agreement also resolves the Commission’s lawsuit captioned FERC v. Maxim Power Corporation et al., No. 3:15-cv-30113-MGM before the U.S. District Court for the District of Massachusetts, upon approval of dismissal by the court. . FERC and Maxim filed a Joint Stipulation of Dismissal with the District Court. |
| MGTC, Inc., 121 FERC ¶ 61,087 (Oct. 25, 2007) | $300,000 Civil Penalty; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Commission’s Open Access Transportation requirement that natural gas shippers must have title. |
| MISO Cinergy Hub Transactions (Twin Cities Power – Canada, Ltd., Twin Cities Energy, LLC, Twin Cities Power, LLC, Jason F. Vaccaro, Allan Cho, Gaurav Sharma) 149 FERC ¶ 61,278 (December 30, 2014) | $2,500,000 Civil Penalty, Twin Cities; $978,186 Disgorgement, Twin Cities; $400,000 Civil Penalty, trader Jason F. Vaccaro; $275,000 Civil Penalty, trader Allan Cho; $75,000 Civil Penalty, trader Gaurav Sharma; Compliance Enhancements; Compliance Monitoring. | The Commission approved four settlements resolving findings that the company and three former traders violated the Commission's Prohibition of Electric Energy Market Manipulation, 18 C.F.R. 1c.2 by scheduling and trading physical power in MISO to benefit related swap positions that settle off of real-time MISO prices. |
| MISO Virtual and FTR Trading (Louis Dreyfus Energy Services), 146 FERC ¶ 61,072 (Feb. 7, 2014) | $4,072,257 Civil Penalty, LDES; $3,334,000 Disgorgement, LDES; $310,000 Civil Penalty, Cheng; Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Anti-Manipulation Rule, 18 C.F.R. § 1c.2, for virtual transactions made to increase the value of the company’s position in financial transmission rights. |
| Missouri Gas Energy 140 FERC ¶ 61,135 (August 23, 2012) | $35,000 Civil Penalty; Compliance Monitoring. | The Commission approved a settlement resolving admitted violations under 18 C.F.R. Part 284 for releases of short-term, discounted gas pipeline capacity without posting and bidding and for failure to post the terms and conditions of certain releases; and under the Commission’s capacity release program requirement that shipper must have title and the prohibition against buy/sell arrangements. |
| Montpelier Generating Station, LLC and Rockland Capital, LP, Docket No. IN24-15-000, Order Approving Stipulation and Consent Agreement, 189 FERC ¶ 61,185 (Dec. 6, 2024) | Civil penalty of $105,000; disgorgement of $674,064 to PJM Interconnection; and compliance monitoring | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Montpelier Generating Station, LLC (Montpelier) and Rockland Capital, LP (Rockland) (collectively, the Companies). The Agreement resolves Enforcement’s investigation into whether the Companies violated the PJM Interconnection (PJM) Open Access Transmission Tariff and the Commission’s Market Behavior Rule, 18 C.F.R. Section 35.41(b), by classifying a Forced Outage as a Maintenance Outage in submissions to PJM during the period October 25, 2022 through January 11, 2023, causing Montpelier to avoid Performance Assessment Interval penalties during Winter Storm Elliott in December 2022. The Companies stipulate to the facts section set forth in Section II of the Agreement, but neither admit nor deny the alleged violations in Section III of the Agreement. Montpelier agrees to: (a) disgorge $674,064 in avoided penalties to PJM, plus $84,690 in interest; (b) pay a civil penalty of $105,000 to the United States Treasury; and (c) submit an annual compliance monitoring report to Enforcement for two years with a third year at Enforcement’s discretion. |
|
Moussa I. Kourouma D/B/A Quntum Energy LLC, Docket No. IN11-2-000, Order Assessing Civil Penalties, 135 FERC ¶ 61,245 (June 16, 2011) Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 134 FERC ¶ 61,105 (Feb 14, 2011) |
$50,000 Civil Penalty, affirmed by the United States Court of Appeals, District of Columbia Circuit. | The Commission issued a final order assessing a civil penalty for violation of 18 C.F.R. § 35.41(b) for submission of false information to the Commission in an application for Market Based Rate authority. Kourouma petitioned pursuant to FPA section 31(d)(2)(B) for review in the U.S. Court of Appeals for the District of Columbia Circuit, which denied the petition. |
| MPH Rockaway Peakers, LLC and Bayswater Peaking Facility, LLC (Rockaway), Docket No. IN25-10-000, Order Approving Stipulation and Consent Agreement, 195 FERC ¶ 61,019 (April 8, 2026) | Rockaway admitted the violations and agreed to total civil penalties of $185,000 and disgorgement of $626,642 in capacity and reserve market overpayments. Rockaway had previously disgorged $299,298 and paid $149,649 in sanctions to NYISO pursuant to NYISO Tariff section 5.12.12.2, which permits NYISO to impose sanctions and penalties for certain capacity market violations. Rockaway will (a) pay a civil penalty of $35,351 to the United States Treasury, which takes into consideration credit for the NYISO sanctions it has already paid, (b) disgorge a balance of $327,344 plus interest to NYISO; and submit two annual compliance monitoring reports to OERA, with the requirement of a third annual report at OERA’s option. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement and Regulatory Accounting (OERA) and Rockaway. As set forth in the Agreement, OERA determined that from November 2020 to September 2023 (Relevant Period) Rockaway violated the NYISO Tariff and Commission regulations by, (a) conducting summer capability tests in configurations that differ from expected operations; (b) not informing NYISO of derates; (c) submitting inaccurate Generating Availability Data System (GADS) data; and (d) overselling capacity and reserves from its Far Rockaway GT1 peaking unit (GT1). |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| National Energy & Trade, L.P., Mission Valley Pipeline Company, 134 FERC ¶ 61,072 (January 31, 2011) | $500,000 Civil Penalty; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Commission’s Open Access Transportation regulations that prohibit flipping of short term capacity releases between affiliated shippers, and resolving admitted violation of the requirement that natural gas shippers must have title. |
| National Energy & Trade, L.P., Order Approving Stipulation and Consent Agreement, 156 FERC ¶ 61,154 (September 1, 2016) | Civil penalties in the amount of $1,155,225.91, and disgorgement in the amount of $305,780.50, plus interest (disgorgement and interest to be paid to the Low Income Home Energy Assistance Program (LIHEAP) of the state of Texas), against National Energy & Trade, L.P. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and National Energy & Trade, L.P. (National Energy). The Agreement resolves the investigation conducted by Enforcement into whether National Energy violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.1 (2016), by manipulating physical natural gas prices between January 1, 2011 and September 30, 2015 at the Houston Ship Channel, Tetco M3, Transco Zone 6 (New York), and Henry Hub in order to benefit its related financial positions. National Energy neither admits nor denies the alleged violations, but it agrees to payment of the civil penalty and disgorgement. |
|
National Fuel Marketing Company, LLC, NFM Midstream, LLC, NFM Texas Pipeline, LLC, NFM Texas Gathering, LLC, Docket No. IN09-10-000, Order Assessing Penalties, 135 FERC ¶ 61,011 (April 7, 2011) Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 126 FERC ¶ 61,042 (Jan. 15, 2009) |
$290,000 Civil Penalty; Compliance Monitoring. | The Commission issued an Order to Show Cause why it should not assess a penalty for violation of Commission’s Open Access Transportation requirement that natural gas shippers must have title. The Commission subsequently approved a settlement resolving the matter. |
| National Fuel Marketing Company, LLC, NFM Midstream, LLC, NFM Texas Pipeline, LLC, NFM Texas Gathering, LLC, Docket No. IN09-10-000, Order to Show Cause and Notice of Proposed Penalty, 126 FERC ¶ 61,042 (Jan. 15, 2009) | Proposed $4,500,000 Civil Penalty and disgorgement plus interest. | The Commission issued an Order to Show Cause why it should not assess a penalty for violation of Commission’s Open Access Transportation requirement that natural gas shippers must have title. |
| Noble Energy, Inc., 130 FERC ¶ 61,175 (March 12, 2010) | $4,000,000 Civil Penalty, $160,487 Disgorgement | Civil penalty and compliance reporting resulting from violations of open access transportation policies, including circumvention of the posting and bidding requirements for released capacity, flipping, the shipper-must-have-title requirement, and violations of the prohibition on buy-sell transactions. |
| North America Power Partners, 133 FERC ¶ 61,089 (October 28, 2010) Order Modifying Stipulation and Consent Agreement, 143 FERC ¶ 61,064 (April 23, 2013) | $500,000 Civil Penalty, $2,258,127 Disgorgement | Civil penalty, disgorgement, and compliance reporting resulting from violations of 18 C.F.R. § 1c.2 (2010) and various provisions of Open Access Transmission Tariff. On April 23, 2013, the Commission approved a revision to Paragraph 27 of the stipulation and agreement that was approved in 2010. The revision modified the due dates for the two remaining final payments to June 30, 2013, and December 31, 2013. |
| NorthWestern Corporation and NorthWestern Services, LLC., 125 FERC ¶ 61,233 (November 26, 2008) | $450,000 Civil Penalty | Civil penalty and compliance monitoring reporting resulting from self-reported violations of the shipper-must-have-title requirement and failure to obtain a certificate of public conveyance and necessity under section 7 of the NGA. |
| Northwestern Corporation, 118 FERC ¶ 61,029 (Jan. 18, 2007) | $1,000,000 Civil Penalty; Compliance Monitoring. | The Commission approved a settlement resolving findings under Commission Order No. 638 and the entity’s Open Access Transmission Tariff for failure to timely respond to transmission service requests. |
| NorthWestern Corporation d/b/a NorthWestern Energy, Docket No. IN25-14-000, Order Approving Stipulation and Consent Agreement, 193 FERC ¶ 61,011 (Oct. 2, 2025) | Civil penalty of $40,000 to the United States Treasury; disgorgement of $32,000 (inclusive of interest) to SPP; and compliance monitoring. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement and Regulatory Accounting (Enforcement) and NorthWestern Corporation d/b/a NorthWestern Energy (NorthWestern). The Agreement resolves Enforcement’s investigation into whether NorthWestern violated the SPP Tariff and 18 C.F.R. § 35.41(a) and (b) due to its failure to convert its Beethoven wind farm project from a non-dispatchable variable energy resource to a dispatchable variable energy resource by the required tariff deadline. NorthWestern stipulates to the facts in Section II of the Agreement but neither admits nor denies the violations described in Section III of the Agreement. NorthWestern agrees to: (1) pay a civil penalty of $40,000 to the United States Treasury; (2) disgorge $32,000, inclusive of interest, to SPP; and (3) provide compliance monitoring reports to Enforcement as described in the Agreement. |
| NRG Energy, Inc., 118 FERC ¶ 61,025 (Jan. 18, 2007) | $500,000 Civil Penalty; Internal Audit; Compliance Monitoring. | The Commission approved a settlement resolving findings under the New England ISO’s tariff and Commission’s Market Behavior Rules for misrepresentation of availability of generation unit. |
| NRG Energy, Inc., Docket No. IN23-3-000, Order Approving Stipulation and Consent Agreement, 184 FERC ¶ 61,026 (July 20, 2023) | Civil penalty of $37,342 to the United States Treasury; disgorgement of $32,658, inclusive of interest, to PJM Interconnection, LLC; compliance monitoring for up to two years | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and NRG Energy, Inc. (NRG). The Agreement resolves Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2022) into violations of Attachment K-Appendix, Section 6.6 of the PJM Interconnection, LLC Tariff and 18 C.F.R. § 35.41(a) (2022) for failing to comply with Parameter Limited Schedule requirements. NRG stipulates to the facts set forth in the Agreement but neither admits nor denies a violation. |
| NRG Power Marketing, LLC, Docket No. IN20-4-000, Order Approving Stipulation and Consent Agreement, 174 FERC ¶ 61,016 (Jan. 8, 2021) | Civil Penalty of $85,000. | On January 8, 2021, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement and NRG Power Marketing, LLC (NRG). The Order resolved Enforcement’s investigation into whether NRG, the lead market participant for several capacity resources in ISO-NE’s Forward Capacity Market, violated section II.13 of the ISO-NE Tariff and section 35.41(b) of the Commission’s regulations in connection with its submission of de-list bids for certain of its capacity resources. NRG admits to the facts set forth in the Agreement, but neither admits nor denies the alleged violations. NRG also agrees to submit annual compliance reports. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| OhmConnect, Inc., Docket No. IN23-6-000, Order Approving Stipulation and Consent Agreement, 183 FERC ¶ 61,136 (May 22, 2023) | Civil penalty of $141,094 to the United States Treasury; disgorgement of $8,906 to CAISO; compliance monitoring | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and OhmConnect, Inc. (Ohm). The Agreement resolves Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2022), into violations of CAISO Tariff section 37.3.1.1, which requires resources to make bids that they reasonably expect to be able to fulfill. On April 10, 2023, Enforcement and Ohm agreed to terms that would resolve the Commission’s claims against Ohm. Ohm neither admitted nor denied liability and agreed to: (1) pay a civil penalty of $141,094 to the United States Treasury; (2) disgorge $8,906 to CAISO; and (3) be subject to compliance monitoring as detailed in the Agreement. |
| ONEOK, Inc., 126 FERC ¶ 61,040 (January 15, 2009) | $4,500,000 Civil Penalty, $1,914,945 Disgorgement | Civil penalty, disgorgement and compliance monitoring resulting from violations of 18 C.F.R. § 1c.1, in connection with the submission of multiple affiliate bids to impair the pro rata allocation mechanism in an auction. Also violations of shipper-must-have-title requirements and open access transportation requirements. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| PacificCorp, 141 FERC ¶ 61,156 (November 28, 2012) | $265,000 Civil Penalty; Compliance Monitoring. | The Commission approved a settlement resolving findings under 18 C.F.R. § 37.6(e)(1) and PacifiCorp’s OATT for failure to properly administer and enforce the customer mechanisms for reserving and paying for transmission. |
| Pacific Summit Energy LLC (Pacific Summit), Docket No. IN23-9-000, Order Approving Stipulation and Consent Agreement, 183 FERC ¶ 61,236 (June 30, 2023) | Civil penalty of $360,000 to the United States Treasury; disgorgement of $154,623; and compliance monitoring for two years. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Pacific Summit. The Agreement resolves the investigation Enforcement conducted under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2022), into whether Pacific Summit engaged in a related-positions fraudulent scheme involving physical trading at Transco Zone 6 for the purpose of benefiting related financial positions during the October 2017 Bidweek (September 25-29, 2017), in violation of section 4A of the Natural Gas Act (NGA), 15 U.S.C. § 717c-1 and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.1 (2022). Pacific Summit stipulates to the facts set forth in the Agreement, but neither admits nor denies a violation. |
| PacifiCorp, 118 FERC ¶ 61,026 (Jan. 18, 2007) | $10,000,000 Civil Penalty; $86,500,500 Refund (from merchant function to transmission function); Compliance Enhancements; Independent Compliance Audit; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Standards of Conduct for Transmission Service Providers and the entity’s Open Access Transmission Tariff, including sharing of nonpublic transmission information and other preferential treatment for the merchant function and improper use by the merchant function of network transmission. |
|
PacifiCorp, Docket No. IN21-6-000, Order Approving Stipulation and Consent Agreement, 181 FERC ¶ 61,278 (December 30, 2022) Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 175 FERC ¶ 61,039 (April 15, 2021) |
Civil penalty of $4.4 million, of which (i) $1.9 million will be paid to the United States, and (ii) as an offset to the remaining $2.5 million in civil penalty, $2.5 million will be invested, subject to Enforcement’s approval, in reliability enhancement measures identified in the Agreement that go above and beyond what the Reliability Standards require, and (b) be subject to compliance monitoring. | On December 30, 2022, the Commission approved a settlement agreement (Agreement) between FERC’s Office of Enforcement (Enforcement) and PacifiCorp resolving Enforcement’s investigation into PacifiCorp’s lack of compliance with the Reliability Standards that regulate transmission line clearances and the resulting Order to Show Cause proceeding. PacifiCorp stipulates to the facts in the Agreement and neither admits nor denies Enforcement’s determination that PacifiCorp violated Federal Power Act section 215(b)(1) and 18 C.F.R. § 39.2(b) (2022) between August 31, 2009 and August 2017 by failing to comply with FAC-009-1 R1, which requires a transmission owner, such as PacifiCorp, to establish and have facility ratings that are consistent with its Facilities Rating Methodology. |
| PacifiCorp, 137 FERC ¶ 61,176 (December 1, 2011) | $3,925,000 Civil Penalty; Reliability and Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under 23 Requirements of 15 Reliability Standards concerning being prepared for and appropriately responding to emergency conditions in the event of an energy-load imbalance on the system. |
| Piedmont Natural Gas Co. Inc., 127 FERC ¶ 61,319 (June 30, 2009) | $1,250,000 Civil Penalty | Civil penalty and compliance reporting resulting from violations of § 284.8(h) posting and bidding requirements, improper release and acquisition of discounted rate capacity through flipping transactions. |
| PJM Up-To Congestion Transactions, 142 FERC ¶ 61,088 (Feb. 1 , 2013) | $51,000 Civil Penalty; $29,563 Disgorgement; Compliance Training. | The Commission approved a settlement resolving findings under the Anti-Manipulation Rule, 18 C.F.R. § 1c.2, for a manipulative trading scheme designed to improperly collect a market credit. |
| Portland General Electric Co., 131 FERC ¶ 61,224 (June 4, 2010) | $375,000 Civil Penalty | Civil penalty and compliance reporting resulting from violations of Open Access Transmission Tariff, § 205 of FPA, and then- § 358.5(c)(5) of Commission Regulations. |
| Progress Energy Florida, Inc., 142 FERC ¶ 61,041 (Jan. 16, 2013) | $80,000 Civil Penalty; Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Commission order granting the entity Market Based Rate authority and under the entity’s tariff for making sales at market-based rates that should have been at cost-based rates. |
| ProLiance Energy, LLC, 127 FERC ¶ 61,321 (June 30, 2009) | $3,000,000 Civil Penalty, $195,959.44 Disgorgement | Civil penalty and compliance reporting resulting from violations of § 284.8(h) posting and bidding requirements, improper release and acquisition of discounted rate capacity through flipping transactions, violations of shipper-must-have-title requirements and violations of buy-sell transaction rules |
| PSEG Energy Resources & Trade, LLC, Docket No. IN18-4-000, Order Approving Stipulation and Consent Agreement, 163 FERC ¶ 61,056 (April 25, 2018) | Disgorgement of $26,905,736, plus $4,494,264 interest, to PJM. Civil Penalty of $8,000,000 to United States Treasury. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and PSEG Energy Resources & Trade, LLC (PSEG). The Agreement resolves the investigation conducted by Enforcement into whether PSEG violated sections 1.2 and 6.4.2(a)(ii) of Schedule 1 of the PJM Operating Agreement and Attachment K – Appendix of the PJM Open Access Transmission Tariff, and the Market Behavior Rule, 18 C.F.R. § 35.41(a) (2017), when it submitted incorrect cost-based offers into the PJM energy market between 2005 and 2014. PSEG admits to the facts set forth in the Agreement, but neither admits nor denies the violations. In addition to payment of disgorgement and a civil penalty, PSEG agrees to submit annual compliance reports for at least two years. |
| Public Service Electric & Gas Company, Docket No. IN21-5-000, Order Approving Stipulation and Consent Agreement, 189 FERC ¶ 61,175 (Dec. 5, 2024) | Civil penalty of $6,600,000 and compliance monitoring | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Public Service Electric & Gas Company (PSE&G). The Order resolves Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2024), into whether PSE&G violated 18 C.F.R. § 35.41(b) (2024) of the Commission’s regulations by failing to fully and accurately provide information to PJM Interconnection, LLC (PJM) beginning on September 1, 2017 and leading up to April 10, 2018 in connection with a request for approval of a $546 million transmission project under PJM’s Regional Transmission Expansion Plan process. PSE&G stipulates to the fact section set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement. PSE&G agrees to: (a) pay a civil penalty of $6,600,000 to the United States Treasury and (b) be subject to compliance monitoring as provided in the Agreement. |
| Puget Sound Energy, 127 FERC ¶ 61,070 (April 22, 2009) | $800,000 Civil Penalty | Civil penalty and compliance reporting resulting from violations of 18 C.F.R. § 284.8(h) posting and bidding requirements, improper release and acquisition of discounted rate capacity through flipping transactions and self-reported violations of shipper-must-have-title requirements. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
|
Richard Silkman, Docket No. IN12-13-000, Order Assessing Penalties, 144 FERC ¶ 61,164 (August 29, 2013) Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 140 FERC ¶ 61,033 (July 17, 2012) |
$1,250,000 Civil Penalty. | The Commission issued an Order Assessing Civil Penalty finding a violation of the Anti-Manipulation Rule, 18 C.F.R. 1c.2, for fraudulently inflating baseline energy consumption in the New England ISO market in order to later claim greater energy curtailments, and payments, in the Day-Ahead Load Response Program (demand response). Silkman elected the procedures of FPA section 31(d)(3), in which the Commission will institute an action in federal district court if the penalty is not paid within 60 days of the date of the Order. |
| Richard Silkman, Docket No. IN12-13-000, Order to Show Cause and Notice of Proposed Penalty, 140 FERC ¶ 61,033 (July 17, 2012) | $1,250,000 Civil Penalty. | The Commission issued an Order to Show Cause asking Silkman to show why the Commission should not issue an order finding a violation of the Anti-Manipulation Rule, 18 C.F.R. 1c.2, for fraudulently inflating baseline energy consumption in the New England ISO market in order to later claim greater energy curtailments, and payments, in the Day-Ahead Load Response Program (demand response). |
| RRI Energy, Inc., RRI Energy Wholesale Generation, LLC, 132 FERC ¶ 61,267 (September 27, 2010) | $750,000 Civil Penalty | Civil penalty and compliance reporting resulting from violations of open access transportation policies, including competitive bidding requirements for long-term, discounted rate capacity releases, and the prohibition on buy/sell transactions. |
| Rumford Paper Company, Order to Show Cause and Notice of Proposed Civil Penalty, 140 FERC ¶ 61,030 (Jul. 17, 2012) | Proposed $10,000,000 Civil Penalty; $2,836,419.08 Disgorgement; Compliance Enhancements; Compliance Monitoring. | The Commission issued an Order to Show Cause asking Rumford Paper Company to show why the Commission should not issue an order finding a violation of the Anti-Manipulation Rule, 18 C.F.R. 1c.2, for fraudulently inflating baseline energy consumption in the New England ISO market in order to later claim greater energy curtailments, and payments, in the Day-Ahead Load Response Program (demand response). |
| Rumford Paper Company, 142 FERC ¶ 61,218 (Mar. 22, 2013) | $10,000,000 Civil Penalty; $2,836,419.08 Disgorgement; Compliance Enhancements; Compliance Monitoring. | The Commission issued an Order to Show Cause why the company should not be found to have violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, for fraudulently inflating baseline energy consumption in the New England ISO market in order to later claim greater energy curtailments, and payments, in the Day-Ahead Load Response Program (demand response). The Commission subsequently approved a settlement resolving the matter. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Salem Harbor Power Development LP, Order Approving Stipulation and Consent Agreement, IN18-8-000, 179 FERC ¶ 61,228 (June 27, 2022) | Civil Penalty in the amount of $17,100,000, disgorgement in the amount of $26,693,237.67, and compliance monitoring for two years. | On June 27, 2022, the Commission approved a settlement agreement (Agreement) between the Office of Enforcement and Salem Harbor Power Development LP (DevCo), resolving Enforcement’s investigation into DevCo’s receipt of capacity payments from ISO-New England Inc. (ISO-NE) for DevCo’s New Salem Harbor Generating Station project (Project) before the Project was commercial. Enforcement found that DevCo’s failure to make timely disclosures of Project delays violated the ISO-NE Tariff and the Commission’s Duty of Candor Rule (18 C.F.R. § 35.41(b)). DevCo stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations. |
| Saracen Energy Midwest, LP, Order Approving Stipulation and Consent Agreement, 156 FERC ¶ 61,122 (August 22, 2016) | Civil penalties of $25,000 and compliance monitoring reporting. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Saracen Energy Midwest, LP (Saracen). The Agreement resolves the investigation conducted by Enforcement into whether Saracen violated Southwest Power Pool, Inc.’s (SPP) Tariff, Attachment AE, Section 7.4.1(4), by submitting bids for Transmission Congestion Rights (TCRs) at Electrically Equivalent Settlement Locations (EESLs) for auctions in September and October 2014, and March and April 2015. Saracen admits the facts, but neither admits or denies the alleged violations. Saracen agrees to payment of the civil penalty and compliance measures. |
| SCANA Corporation, 118 FERC ¶ 61,028 (Jan. 18, 2007) | $9,000,000 Civil Penalty; $1,800,000 Refund (to retail ratepayers and transmission function); Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under the entity’s Open Access Transmission Tariff for improper use of network transmission; improper designation of curtailment priorities; improper designation of network resources; and improper calculation of available transfer capability. |
| Sempra Energy Trading LLC, 125 FERC ¶ 61,360 (December 23, 2008) | $400,000 Civil Penalty, $7,959 Disgorgement | Civil penalty, disgorgement, and compliance monitoring reporting resulting from self-reported violations of the shipper-must-have-title requirement. |
| Seneca Falls Power Corporation, 143 FERC ¶ 61,063 (Apr. 23, 2013) | $150,000 Civil Penalty; Operational Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings of failure to meet hydropower license requirements concerning lake water levels; operations in conjunction with relevant state authorities; and construction of fish passages. |
| Shell Energy North America (US), L.P. , Docket No. IN21-8-000, Order Approving Stipulation and Consent Agreement, 175 FERC ¶ 61,201 (June 15, 2021) | Civil Penalty of $951,683, disgorgement of $48,317 plus interest, and annual compliance monitoring reporting for two years. | On June 15, 2021, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement (Enforcement) and Shell Energy North America (US), L.P. (SENA). In the Order, the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2020), into whether SENA engaged in a related-positions fraudulent scheme involving physical trading for the purpose of benefiting related financial positions during the May 2016 bidweek (April 25-29, 2016), in violation of section 4A of the Natural Gas Act (NGA), 15 U.S.C. § 717c-1, and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.1. SENA stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations. SENA also agrees to annual compliance monitoring for two years. |
|
In re Seminole Energy Services, LLC, Seminole Gas Company, LLC, Seminole High Plains, LLC, Lakeshore Energy Services, LLC Vanguard Energy Services, LLC, Docket No. IN09-9-000, Order Assessing Penalties, 135 FERC ¶ 61,010 (April 7, 2011) Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 126 FERC ¶ 61,041 (Jan. 15, 2009) |
$300,000 Civil Penalty; $271,315 Disgorgement; Compliance Monitoring. | The Commission issued an Order to Show Cause why it should not assess a penalty for violation of Commission’s Open Access Transportation requirement prohibiting buy/sell natural gas transactions. The Commission subsequently approved a settlement resolving the matter. |
| Sequent Energy Management, L.P. and Sequent Energy Marketing, L.P., 127 FERC ¶ 61,320 (June 30, 2009) | $5,000,000 Civil Penalty | $53,728.18 Disgorgement Civil penalty and compliance reporting resulting from violations of § 284.8(h) posting and bidding requirements, improper release and acquisition of discounted rate capacity through flipping transactions, violations of shipper-must-have-title requirements and violations of buy-sell transaction rules. |
| Skye MS, LLC, Docket No. IN25-9-000, Order Approving Stipulation and Consent Agreement, 192 FERC ¶ 61,136 (Aug. 8, 2025) | Civil penalty of $45,000 to the United States Treasury; and compliance monitoring | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Skye MS, LLC (Skye). The Agreement resolves Enforcement’s investigation into whether Skye violated Section 311(a)(2) of the Natural Gas Policy Act of 1978 (NGPA), 15 U.S.C. § 3371(a)(2), by charging fees to transport natural gas on behalf of interstate pipelines without having approved rates or a Statement of Operating Conditions (SOC) on file with the Commission, as required by the Commission’s regulations at 18 C.F.R. § 284.123. Skye stipulates to the facts in Section II of the Agreement and admits the violations described in Section III of the Agreement. Skye agrees to: (a) pay a civil penalty of $45,000 to the United States Treasury; and (b) submit an annual compliance monitoring report, with the additional requirement to submit a copy of its quarterly Form No. 549D reports, to Enforcement for one year. |
| Smart One Energy LLC, Docket No. IN23-13-000, Order Approving Stipulation and Consent Agreement, 186 FERC ¶ 61,181 (March 12, 2024) | Civil penalty in the amount of $5,000 | On March 12, 2024, the Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Smart One Energy LLC (Smart One). In its Order, the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation into whether Smart One violated Section 26.2.1.4 of the New York Independent System Operator’s (NYISO) Market Administration and Control Area Services Tariff for failing to timely inform NYISO of sanctions imposed by two state public service utility commissions. Smart One stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement. |
| Sonoran West Solar Holdings, LLC and Sonoran West Solar Holdings 2, LLC, Docket No. IN24-13-000, Order Approving Stipulation and Consent Agreement, 189 FERC ¶ 61,174 (Dec. 5, 2024) | Civil penalty of $1,000,000, disgorgement of $2,877,418; and compliance monitoring | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Sonoran West Solar Holdings, LLC (Sonoran 1) and Sonoran West Solar Holdings 2, LLC (Sonoran 2) (collectively, the Sonoran Entities). The Order resolves Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2024), into whether the Sonoran Entities violated the California Independent System Operator Corporation’s (CAISO) Open Access Transmission Tariff (CAISO Tariff) or Commission regulations in connection with operating the Crimson 1 battery energy storage system (Crimson 1) (directly owned by Sonoran 1) and the Crimson 2 battery energy storage system (Crimson 2) (directly owned by Sonoran 2) (together, the Crimson Battery Project) during the period October 1, 2022 through February 17, 2023. The Sonoran Entities stipulate to the fact section set forth in Section II of the Agreement, but neither admit nor deny the alleged violations in Section III of the Agreement. The Sonoran Entities agree to: (a) pay a civil penalty of $1,000,000 to the United States Treasury; (b) disgorge $2,473,265, plus interest, to CAISO and (c) be subject to compliance monitoring as provided in the Agreement. |
| South Jersey Gas Co., South Jersey Resources Group, LLC, 132 FERC ¶ 61,266 (September 27, 2010) | $950,000 Civil Penalty, $120,551 Disgorgement | Civil penalty and compliance reporting resulting from violations of open access transportation policies, including competitive bidding requirements for long-term, discounted rate capacity releases, the shipper-must-have-title requirement, and the prohibition on buy/sell transactions. |
| Southern California Edison Company, 149 FERC ¶ 61,061 (October 21, 2014) | $650,000, offset by $400,000 in Reliability Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under 1 Requirement of 1 Reliability Standard for failure to coordinate SCE’s intertie separation scheme with other protection systems. |
| Southern Company Services, Inc., 128 FERC ¶ 61,013 (July 8, 2009) | $350,000 Civil Penalty | Civil penalty and compliance reporting resulting from violations of buy-sell transactions and shipper-must-have-title requirements. In re Wasatch Oil & Corp. and Wasatch Energy LLC, 127 FERC ¶ 61,322 (June 30, 2009) $320,000 Civil Penalty Civil penalty and compliance reporting resulting from violations of § 284.8(h) posting and bidding requirements, improper release and acquisition of discounted rate capacity through flipping transactions. |
| Southwest Power Pool, Inc., 144 FERC ¶ 61,019 (July 10, 2013) | $50,000 Civil Penalty; Mitigation Measures; Compliance Monitoring. | The Commission approved a settlement resolving findings under the Reliability Standards for failing to coordinate with neighboring Reliability Coordinators during a control center outage and failing to report the outage to NERC after the event. |
| sPower Development Company, LLC, Docket No. IN22-5-000, Order Approving Stipulation and Consent Agreement, 179 FERC ¶ 61,220 (June 24, 2022) | Civil Penalty in the amount of $24,000 against sPower Development Company, LLC. | On June 24, 2022, the Commission approved a settlement agreement (Agreement) between the Office of Enforcement and sPower Development Company, LLC (sPower), resolving Enforcement’s investigation into sPower’s submission of two interconnection study agreements that inaccurately stated sPower had site control over property for a proposed interconnection (which was necessary for the interconnection process to proceed). Enforcement found that sPower’s submission of the inaccurate information violated section 36.2A of the PJM Interconnection, LLC (PJM) Tariff. sPower stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations. |
| Stronghold Digital Mining Inc. and Scrubgrass Reclamation Company, L.P., Docket No. IN24-14-000, Order Approving Stipulation and Consent Agreement, 190 FERC ¶ 61,059 (Jan. 30, 2025) | Civil penalty of $741,365; disgorgement of $678,635; and compliance monitoring. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Stronghold Digital Mining Inc. (Stronghold) and Scrubgrass Reclamation Company, L.P. f/k/a Scrubgrass Generating Company LP (Scrubgrass) (collectively, the Companies). The Agreement resolves Enforcement’s investigation into whether the Companies violated PJM Interconnection, L.L.C.’s (PJM) Tariff or Commission regulations in connection with operating their co-located 85 MW coal refuse plant and behind-the-meter Bitcoin mining facility located in northwestern Pennsylvania during the period of June 2021 to May 2022 (Relevant Period). The Companies stipulate to the fact section set forth in Section II of the Agreement and admit to the violations in Section III of the Agreement. The Companies agree to: (a) pay a civil penalty of $741,365 to the United States Treasury; (b) disgorge $678,635 to PJM; and (c) be subject to compliance monitoring as provided in the Agreement. |
| SunSea Energy, LLC, Docket No. IN24-8-000, Order Approving Stipulation and Consent Agreement, 187 FERC ¶ 61,225 (June 28, 2024) | Civil Penalty of $5,000 | The Commission issued an Order approving the Stipulation and Consent Agreement (Agreement) resolving the investigation of SunSea Energy, LLC (SunSea). As set out in the terms of the Agreement, SunSea neither admitted nor denied the violations, but stipulated to the facts contained therein. SunSea agreed to pay a civil penalty of $5,000. The Agreement does not require that the company submit to compliance monitoring. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Tenaska Marketing Ventures, 126 FERC ¶ 61,040 (January 15, 2009) | $3,000,000 Civil Penalty, $1,972,842 Disgorgement | Civil penalty, disgorgement and compliance monitoring resulting from violations of 18 C.F.R. § 1c.1, in connection with the submission of multiple affiliate bids to impair the pro rata allocation mechanism in an auction. |
| Tenaska Power Services Co., Docket No. IN25-13-000, Order Approving Stipulation and Consent Agreement, 194 FERC ¶ 61,029 (Jan. 12, 2026) | Civil penalty of $51,000; disgorgement of $78,354 plus interest to ISO-NE; and compliance monitoring. |
The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement and Regulatory Accounting (Enforcement) and Tenaska Power Services Co. (TPS). The Agreement resolves Enforcement’s investigation into whether TPS violated the ISO-NE Transmission, Markets, and Services Tariff and the Commission’s market behavior rules, 18 C.F.R. §§ 35.41(a) and (b), by failing to properly offer generation from the Berkshire power facility in Agawam, Massachusetts from January 11-12, 2021. TPS stipulates to the facts set forth in Section II of the Agreement, and neither admits nor denies the alleged violations in Section III of the Agreement. TPS agrees to: (a) pay a civil penalty of $51,000 to the United States Treasury; (b) pay disgorgement of $78,354.00, plus interest, to ISO-NE; (c) be subject to compliance monitoring as described in the Agreement. |
| Terra-Gen, LLC (Terra-Gen), Docket No. IN21-7-000, Order Approving Stipulation and Consent Agreement, 176 FERC ¶ 61,071 (Aug. 2, 2021) | Civil Penalty to the United States of $510,962.43; disgorgement to the California Independent System Operator (CAISO) in the amount of $117,231; and annual compliance monitoring reporting. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Terra-Gen. The Agreement resolves the investigation conducted by Enforcement into whether Terra-Gen violated 18 C.F.R. § 35.41(b) by submitting false or misleading information to CAISO about the physical capabilities of the wind-powered electric generation facility, owned by Terra-Gen’s subsidiary Cameron Ridge, LLC (Cameron Ridge) and whether Terra-Gen, through Cameron Ridge, violated CAISO Tariff § 4.2.1 by deviating its wind farms’ output from CAISO’s Dispatch Instructions. Terra-Gen stipulates to the facts set forth in the Agreement, but neither admits nor denies the violation. |
| Terra-Gen, LLC, Docket No. IN26-2-000, Order Approving Stipulation and Consent Agreement, 195 FERC ¶ 61,016 (April 7, 2026) | Civil penalty of $4,950,000; disgorgement of $681,007 plus interest to CAISO; and compliance monitoring |
The Commission approved a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement and Regulatory Accounting (Enforcement) and Terra-Gen, LLC (Terra-Gen). The Agreement resolves Enforcement’s investigation into whether Terra-Gen violated the California Independent System Operator (CAISO) Open Access Transmission Tariff (Tariff), the Commission’s Market Behavior Rule (18 C.F.R. § 35.41(a)), section 222 of the Federal Power Act (16 U.S.C. § 824v), and the Commission’s Anti-Manipulation Rule (18 C.F.R. § 1.c.2) in connection with Terra-Gen’s participation in the CAISO ancillary services market from July 7, 2020 through April 17, 2022. Enforcement investigated whether Terra-Gen selectively avoided CAISO regulation-down awards at its Mojave 89 and Mojave 90 resources by disconnecting these resources from automatic generation control and/or claiming unjustified outages. Additionally, Enforcement investigated whether Terra-Gen also violated the Commission’s Duty of Candor Rule (18 C.F.R. § 35.41(b)) in connection with a compliance report that it submitted to Enforcement pursuant to a prior Commission-approved settlement of an unrelated matter.
Terra-Gen stipulates to the facts set forth in Section II of the Agreement, and admits all violations alleged in Section III of the Agreement except for violation of section 222 of the Federal Power Act and the Anti-Manipulation Rule, which Terra-Gen neither admits nor denies. Terra-Gen agrees to: (a) pay a civil penalty of $4,950,000 to the United States Treasury; (b) disgorge $681,007, plus interest, to CAISO; and (c) be subject to compliance monitoring and reporting requirements for two years, with the requirement of a third year at Enforcement’s discretion. |
|
Todd Meinershagen, Order Approving Stipulation and Consent Agreement, IN23-4-000. 181 FERC ¶ 61,251 (December 21, 2022) |
Disgorgement in the amount of $525,451.93 to Midcontinent Independent System Operator, Inc. (MISO) and agreement to cooperate with any investigation into fraudulent demand response resources offered in MISO’s markets. | On December 21, 2022, the Commission approved a Stipulation and Consent Agreement (Agreement) between FERC’s Office of Enforcement (Enforcement) and Todd Meinershagen, co-owner of a demand response aggregator of retail customers (Company A). In the Order, the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms portions relating to Mr. Meinershagen of Enforcement’s investigation into whether Company A engaged in a fraudulent scheme to register demand response resources with MISO without those resources’ knowledge or consent and cleared Load Modifying Resource capacity that would not have performed if the resources were dispatched. Staff’s investigation determined that Company A violated the Commission’s Anti-Manipulation Rule and Sections 69A.3.5 and 69A.7.1 of the MISO Tariff. Mr. Meinershagen stipulates to the facts in Section II of the Agreement and, based on the stipulated facts, as co-owner of Company A, admits to the violations by Company A described in Section III of the Agreement. |
|
Total Gas & Power North America, Inc., Total, S.A., Total Gas & Power, Ltd., Aaron Hall, and Therese Tran f/k/a Nguyen, Docket No. IN12-17-000, Order Approving Stipulation and Consent Agreement, 190 FERC ¶ 61,011, revised, 190 FERC ¶ 61,014 (Jan. 10, 2025) Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 155 FERC ¶ 61,105 (Apr. 28, 2016); Order Establishing Hearing, 176 FERC ¶ 61,026 (July 15, 2021); Order Terminating Hearing and Holding Proceeding in Abeyance, 188 FERC ¶ 61,197 (Sept. 19, 2024) |
Restitution of $5,000,000. | The Commission issued an Order to Show Cause (OSC) directing TGPNA, Hall, and Tran to show the Commission why they should not be found to have violated section 4A of the Natural Gas Act and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.1, by engaging in a scheme to manipulate the price of natural gas at four locations in the southwest United States between June 2009 and June 2012. On July 15, 2021, the Commission set the matter for hearing before an Administrative Law Judge. On September 19, 2024, the Commission issued an order terminating the hearing and holding the proceeding in abeyance. On January 8, 2025, the Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and TGPNA. The Agreement resolves all claims and allegations: (1) in Docket No. IN12-17, including the OSC and the matters set for hearing; and (2) the proceeding initiated by TGPNA, Hall, and Tran in the U.S. District Court for the Southern District of Texas, TotalEnergies Gas & Power N.A., Inc. et al. v. Federal Energy Regulatory Commission, et al., Case No. 4:22-cv-4318. |
|
Tres Palacios Gas Storage LLC, Docket No. IN21-3-000 Order Approving Stipulation and Consent Agreement, 174 FERC ¶ 61,060 (Jan. 19, 2021) Order Issuing Certificates, Tres Palacios Gas Storage LLC, 120 FERC ¶ 61,253 (Sept. 20, 2007) Order Granting In Part and Denying in Part Abandonment, Tres Palacios Gas Storage LLC, 160 FERC ¶ 61,107 (Sept. 21, 2017) |
Civil Penalty to the United States of $700,000 and annual compliance monitoring reporting. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Tres Palacios LLC (Tres Palacios). The Agreement resolves the investigation conducted by Enforcement into whether Tres Palacios violated the terms of the Commission’s Order Issuing Certificates and section 7(e) of the Natural Gas Act by failing to timely conduct sonar surveys are required. Tres Palacios admits the facts set forth in the Agreement, but neither admits nor denies the violation. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Virginia Electric & Power Company, d/b/a Dominion Energy Virginia (DEV), Docket No. IN19-3-000, Order Approving Stipulation and Consent Agreement, 167 FERC ¶ 61,103 (May 3, 2019) | Civil Penalty of $7,000,000 to the United States Treasury, and Disgorgement of $7,000,000 to PJM. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and DEV. The Agreement resolves the investigation conducted by Enforcement into whether DEV violated any Commission rules, including the Anti-Manipulation Rule, 18 C.F.R. § 1c.2 (2018), by improperly targeting and increasing its receipt of lost opportunity cost credits (LOCs) in the PJM Interconnection, L.L.C. (PJM) market. DEV neither admits nor denies the alleged violations, but agrees to pay the amounts as outlined in the Agreement, and to be subject to monitoring that includes submission of an annual compliance monitoring report, with the requirement of a second annual report at Enforcement’s option. |
| Vista Energy Marketing, L.P. 139 FERC ¶ 61,154 (May 24, 2012) | $350,000 Civil Penalty; Market Participation Restrictions (2 years) against individual investor. | The Commission approved a settlement resolving findings under 18 C.F.R. § 35.41(b) and Vista’s market based rate tariff for misrepresentations and violation of Commission terms and conditions related to the extent of individual investor’s involvement in company activities. |
| Vista Energy Storage, LLC, Docket No. IN24-11-000, Order Approving Stipulation and Consent Agreement, 188 FERC ¶ 61,112 (Aug. 6, 2024) | Civil penalty of $1,000,000; disgorgement of $1,670,000 to CAISO; and compliance monitoring. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Vista Energy Storage, LLC (Vista). The Agreement resolves Enforcement’s investigation (Investigation) into whether Vista violated the California Independent System Operator Corporation’s (CAISO) Open Access Transmission Tariff or Commission regulations by submitting bids to CAISO when the Vista Battery was not reasonably expected to be available and capable of performing at the levels specified in the bids, on 33 days during the summer of 2022. Vista stipulates to the fact section set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement. Vista agrees to: (a) pay a $1,000,000 civil penalty to the U.S. Treasury; (b) disgorge $1,670,000 to CAISO; and (c) be subject to compliance monitoring as provided in the Agreement. |
|
Vitol Inc. and Federico Corteggiano, Docket No. IN14-4-000, Order Approving Stipulation and Consent Agreement, 186 FERC ¶ 61,008 (Jan. 4, 2024) and FERC v. Vitol Inc. and Federico Corteggiano, Case No. 2:20-CV-00040-KJM-AC (E.D. Cal.) Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 168 FERC ¶ 61,013 (July 10, 2019); Order Assessing Civil Penalties, 169 FERC ¶ 61,070 (Oct. 25, 2019) |
Civil Penalty of $2,225,000 against Vitol and $75,000 against Corteggiano | Following an order to Show Cause proceeding, the Commission issued an Order Assessing Civil Penalties on October 25, 2019, against Vitol Inc. (Vitol) and Federico Corteggiano (Corteggiano), finding that Vitol and Corteggiano violated section 1c.2 of the Commission’s regulations and section 222a of the Federal Power Act (FPA) by selling physical power at a loss in the California Independent System Operator’s wholesale electric market in order to eliminate congestion that they expected to cause losses on Vitol’s congestion revenue rights. The order assessed disgorgement and civil penalties as outlined for the violations. During the Order to Show Cause proceeding, Vitol and Corteggiano elected the procedures of FPA section 31(d)(3), in which the Commission assesses a civil penalty and if it is not paid within 60 days, the Commission institutes an action in federal district court to affirm the assessment. The Commission filed suit against Vitol and Corteggiano in the Eastern District of California on January 6, 2020. On January 4, 2024, the Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Vitol and Corteggiano. The Agreement resolves the litigation between Defendants and the Commission for violations of section 1c.2 of the Commission’s regulations and section 222a of the Federal Power Act in FERC v. Vitol Inc. and Federico Corteggiano, Case No. 2:20-CV-00040-KJM-AC (E.D. Cal.). Vitol and Corteggiano neither admitted nor denied the alleged violations and Vitol agreed to pay $2,225,000 in civil penalties to the United States Treasury, and Corteggiano agreed to pay $75,000 in civil penalties to the United States Treasury. |
| Voltus, Inc. and Gregg Dixon, Docket No. IN21-10-000, Order Approving Stipulation and Consent Agreement, 190 FERC ¶ 61,008 (Jan. 6, 2025) | Disgorgement of $7,080,543 to MISO from Voltus; civil penalties to the United States Treasury of $10,919,457 from Voltus and $1,000,000 from Dixon; agreement to restrict Dixon’s role in Voltus going forward; compliance monitoring for two years, with an option for two additional years. | The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Voltus, Inc. (Voltus) and Gregg Dixon (Dixon). The Agreement resolves Enforcement’s investigation into whether Dixon engaged in a fraudulent scheme in violation of the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, and/or caused Voltus to violate the MISO Tariff, by registering demand response resources without those resources’ knowledge or consent and clearing Load-Modifying Resource capacity that would not have performed if the resources were dispatched, during the period from October 1, 2016, and continuing through June 1, 2020. Voltus and Dixon stipulate to the facts in Section II of the Agreement, but neither admit nor deny the violations alleged in Section III of the Agreement. Voltus agrees to (a) disgorge $7,080,543 in revenue; (b) pay a civil penalty of $10,919,457 to the United States Treasury; and (c) provide compliance monitoring reports to Enforcement. Dixon agrees to pay a civil penalty of $1,000,000 to the United States Treasury and to step down from Voltus’s Board of Directors, along with other restrictions in his role with Voltus going forward. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Westar Energy, Inc., 142 FERC ¶ 61,066 (Jan. 25, 2013) | $420,000 Civil Penalty; $1,153,836 Disgorgement (to customers and SPP); Compliance Monitoring. | The Commission approved a settlement resolving findings under the Southwest Power Pool’s Open Access Transmission Tariff for use of secondary network integrated transmission service (NITS) for the purchase of electricity to facilitate off-system sales. |
| Westar Energy, Inc., Docket No. IN15-8-000, Order Approving Stipulation and Consent Agreement, 160 FERC ¶ 61,025 (August 24, 2017) | $180,000 in civil penalty to U.S. Treasury and monitoring that includes submission of annual compliance monitoring reports for two years, with the requirement of a third year at Enforcement’s option. | The Commission approved a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Westar Energy, Inc. (Westar). This found that the Agreement resolved on fair and equitable terms Enforcement’s investigation into whether Westar violated provisions of the Southwest Power Pool (SPP) Tariff and 18 C.F.R. § 35.41(b) by submitting inaccurate cost inputs for its mitigated energy offer curves (EOCs), or by intentionally targeting outsized make-whole payments. Westar admitted to the violation and agrees to pay the civil penalty and to be subject of the agreed upon compliance monitoring. |
| Western Area Power Administration – Desert Southwest Region 149 FERC ¶ 61,157 (November 24, 2014) | Mitigation and compliance enhancement measures; Compliance Monitoring. | The Commission approved a settlement resolving findings under 4 Requirements of 3 Reliability Standards for failure to operate Western-DSW’s portion of the transmission system within voltage system operating limits and maintain sufficient situational awareness. |
| Western Electric Coordination Council, 136 FERC ¶ 61,020 (July 7, 2011) | $350,000 Civil Penalty; Reliability and Compliance Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under 9 Requirements of 5 Reliability Standards for failure to respond properly to a system emergency, to initiate Energy Emergency Alerts and use three-step directives, and to model its Special Protection System or be prepared for an outage of its Real Time Contingency Analysis tool. |
| Western Electricity Coordinating Council 151 FERC ¶ 61,175 (May 26, 2015) | $16,000,000, offset by $13,000,000 in Reliability Enhancements; Compliance Monitoring. | The Commission approved a settlement resolving findings under 9 Requirements of 5 Reliability Standards for failures to: establish valid system operating limits (SOLs) and interconnection reliability operating limits (IROLs), identify and prevent potential violations of SOLs and IROLs, be aware of the impact of protection systems, and to alert impacted Balancing Authorities and Transmission Operators regarding potential violations of SOLs and IROLs. |
| Wheelabrator Claremont Company, L.P. Docket No. IN18-10-000, Order Approving Stipulation and Consent Agreement, 164 FERC ¶ 61,237 (September 28, 2018) | Disgorgement of $107,231.34, including interest, to ISO-NE. Civil Penalty of $250,000 to the United States Treasury. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Wheelabrator Claremont Company, L.P. (Wheelabrator). The Agreement resolves the investigation conducted by Enforcement into whether Wheelabrator violated the ISO New England Inc. Tariff, Market Rule 1 § III.13 (Forward Capacity Market) by continuing to collect Forward Capacity payments for a resource even after that resource had been closed permanently. Wheelabrator admits to the facts and the violation set forth in the Agreement. |
| Subject(s) of Investigation and Order | Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures | Description of Findings of Violations |
|---|---|---|
| Xcel Energy Inc. 138 FERC ¶ 61,026 (January 17, 2012) | $2,000,000 Civil Penalty; Compliance Monitoring. | The Commission approved a settlement resolving findings under Xcel’s OATT and Southwest Power Pool, Inc.’s OATT for improper use of Network Integrated Transmission Service. |