Enforcement All Civil Penalty Actions
To access the significant orders and federal district court papers related to all matters that have proceeded to Orders to Show Cause, see the Orders to Show Cause Proceedings page.
|Subject(s) of Investigation and Order||Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures||Description of Findings of Violations|
|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.|
|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.|
Total Civil Penalties assessed for all years 2007 to present: $682,186,012.
Total Civil Penalties does not include the $30,000,000 assessed in Hunter and overturned on jurisdictional grounds by the U.S. Court of Appeals for the District of Columbia Circuit. Also does not include penalties proposed or assessed in the following currently pending matters: $20,160,000 in BP America Inc., et al. that is now at the US Court of Appeals for the Fifth Circuit; $453,000,000 in Barclays Bank PLC, et al.; $7,500,000 assessed in Competitive Energy Services, LLC; $1,250,000 assessed in Richard Silkman; $16,800,000 assessed in Powhatan Energy Fund LLC; $10,080,000 assessed in CU Fund Inc.; $1,920,000 assessed in HEEP Fund Inc.; or $1,000,000 assessed in Houlian Chen for his acts on behalf of Powhatan Energy Fund; $14 million against City Power Marketing, LLC and $1 million against K. Stephen Tsingas; $26 million against Coaltrain Energy, L.P.; $5 million each against Peter Jones and Shawn Sheehan; $1 million against Robert Jones; and $500,000 each against Jeff Miller and Jack Wells assessed in Coaltrain Energy, L.P., et al.; $2,400,000 against ETRACOM LLC and $100,000 against Michael Rosenberg assessed in ETRACOM LLC, et al.; $213,600,000 civil penalty against TGPNA, $1,000,000 civil penalty against Hall, and $2,000,000 civil penalty against Tran proposed in Total Gas & Power North America.
Total Disgorgement ordered for all years 2007 to present: $442,676,028.
Total Disgorgement does not include amounts ordered in the following currently pending matters: $34,900,000 ordered in Barclays Bank PLC, et al.; $166,841 ordered in Competitive Energy Services, LLC; $207,169 in BP America Inc., et al.; that is now at the US Court of Appeals for the Fifth Circuit; $3,465,108 assessed in Powhatan Energy Fund LLC; $1,080,576 assessed in CU Fund Inc.; $173,100 assessed in HEEP Fund, Inc.; $1,278,358 assessed in City Power Marketing, et al.; or $4,121,894 plus interest assessed in Coaltrain Energy, L.P., et al. $315,072 plus interest assessed in ETRACOM LLC, et al.; $9,180,000 proposed in Total Gas & Power North America.
Total Other Payments ordered for all years 2007 to present: $8,200,000
“Other payments” are defined as miscellaneous items ordered by the Commission that have a financial value, but are not considered a civil penalty or disgorgement. They include payments towards mitigation, enhancements, compliance activities, or a hurricane charitable fund. Payments included in this total are: $1,000,000 charitable donation ordered in Entergy Energy Services, Inc. in 2007; $1,000,000 in compliance plan improvements ordered in Duquesne Light Company in 2008; $2,000,000 in compliance plan improvements ordered in Edison Mission in 2008; $2,000,000 in mitigation and compliance plan improvements ordered in Grand River Dam Authority in 2011; $2,200,000 in public safety enhancements and computer system upgrades ordered in Erie Boulevard Hydropower, L.P. and Brookfield Power US Assets Management, LLC in 2014.