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Notices – 2013


(Note: all files are in pdf format)
Issue Date Subject of Investigation Description of Alleged Misconduct Dates of Alleged Misconduct
October 4, 2013* Constellation Energy Commodities Group

Constellation Energy Commodities Group is alleged to have violated 18 CFR § 35.41(b) and the parallel provision of the CAISO tariff, § 37.5.1, by not providing accurate information to CAISO. January 22, 2010 through March 24, 2010.
July 31, 2013* Enterprise Texas Pipeline LLC Enterprise Texas Pipeline LLC, an intrastate pipeline providing Commission-jurisdictional interstate transportation services, is alleged to have violated Section 311 of the Natural Gas Policy Act (NGPA), 18 C.F.R. § 284.123, and the company’s Commission-approved Statement of Operating Conditions (SOC), by charging a title transfer tracking fee without Commission authorization. The conduct occurred between 2004 and August 2012.
July 29, 2013* In Re Make-Whole Payments and Related Bidding Strategies (JPMVEC) JP Morgan Ventures Energy Corporation (JPMVEC) is alleged to have violated the Commission’s Prohibition of Electric Energy Market Manipulation, 18 C.F.R. § 1c.2 (2013) by engaging in eight manipulative bidding strategies in CAISO and MISO through strategies designed to improperly obtain payments at above-market rates. In addition, JPMVEC is alleged to have violated Section 39.2.5.c of the MISO tariff (requiring non-price information to reflect actual known physical capabilities and characteristics of the resources). The conduct at issue occurred during the 2010-2011 time period.
July 3, 2013* Erie Boulevard Hydropower, LP Staff alleges the following violations of Part 12: (1) on September 28, 2010, the NSCC operator failed to sound, within a reasonable time and given the existing circumstances, Varick’s Fishermen Alert System (FAS) when an increased spillage of water over the Varick dam was imminent, after the traveling operator successfully brought on-line three generator units at High Dam; (2) Erie failed to report to FERC’s New York Regional Engineer that the Varick public safety camera was not working; (3) Erie failed to repair within a reasonable time the camera, monitoring fishermen in Varick’s tailrace area; (4) Erie failed to report to FERC’s New York Regional Engineer that Varick’s staggered-height flashboards were in partial failure; (5) Erie failed to file requested information on the condition of Varick’s staggered-height flashboards; (6) Erie failed to repair or replace, within a reasonable time and given the existing circumstances, staggered-height flashboards at Varick; (7) the NSCC operator monitoring Varick on September 28, 2010, routinely failed to utilize his monitor to view fishermen in Varick’s tailrace; and, (8) Erie failed to adequately train on the FAS or public safety the NSCC operator monitoring Varick on September 28, 2010. This notice does not confer a right on third parties to intervene in the investigation or any other right with respect to the investigation. May 28, 2010 – June 22, 2011
June 6, 2013* Enerwise Global Technologies, Inc. Enerwise is alleged to have violated the PJM Open Access Transmission Tariff, Attachment DD, § 2.44 by registering a demand response customer, the Maryland Stadium Authority (MSA), for a load reduction amount it knew MSA could not reliably achieve. Enerwise is further alleged to have violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, by registering MSA for an improper load reduction amount, instructing MSA to artificially increase its electric load prior to an August 2009 PJM test event in order to demonstrate a larger load reduction, and taking actions to misrepresent to PJM the functionality of MSA’s back-up generators. The conduct at issue occurred during the 2009-2010 time period.
January 18, 2013* Michigan Consolidated Gas Company and Washington 10 Storage Corporation (i) Michigan Consolidated Gas Company is alleged to have engaged in capacity release transactions without posting them and in “flipping,” in violation of 18 CFR § 284.8(h)(2); and (ii) Washington 10 Storage Corporation is alleged to have misclassified certain firm transportation storage contracts as intrastate rather than interstate, misclassified certain Park and Loan contracts as intrastate rather than interstate, failed to identify the misidentified interstate contracts in semi-annual reports, and failed to file annual reports reflecting hub service, in violation of NGPA Section 311, various subparts of sections 284.122, 284.123, 284.124 and 284.126 of the Commission’s Regulations and Washington 10’s SOC. (i) Michigan Consolidated Gas Company alleged acts occurred in various months from 2001 through 2006; and (ii) Washington 10 Storage Corporation alleged acts collectively occurred from October 2003 to November 2007.
January 15, 2013* Seneca Falls Power Corporation The licensee failed to comply with multiple license requirements, including procuring property rights needed to operate the project; studying and monitoring wetlands; maintaining mandated water elevation requirements; installing fish passages approved by relevant regulatory agencies; failed and installing required recreational facilities. Varying durations up to seven years, including for certain violations that remain ongoing.

* Indicates that the investigation has been resolved through settlement.  See Civil Penalty Actions for more information.