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Federal Energy Regulatory Commission



Enforcement Civil Penalties All Civil Penalty Actions

 
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All Civil Penalty Actions – 2020


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
Exelon Generation Company, LLC, Docket No. IN20-3-000, Order Approving Stipulation and Consent Agreement, 170 FERC ¶ 61,008  PDF (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.
Emera Energy Incorporated, Docket No. IN20-2-000, Order Approving Stipulation and Consent Agreement, 170 FERC ¶ 61,007  PDF (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.

Total Civil Penalties assessed for all years 2007 to present: $784,194,020.

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; $7,500,000 against Competitive Energy Services, LLC; and $1,250,000 against Richard Silkman assessed in the matter of CES and Richard Silkman; $16,800,000 against Powhatan Energy Fund LLC, $10,080,000 against CU Fund Inc., $1,920,000 against HEEP Fund Inc., or $1,000,000 against Houlian Chen assessed in Powhatan Energy Fund, et al.; $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.; $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, et al.; or $1,515,738 civil penalty assessed against Vitol Inc. and $1,000,000 civil penalty assessed against Federico Corteggiano in Vitol Inc. and Federico Corteggiano.

Total Disgorgement ordered for all years 2007 to present: $518,070,718.

Total Disgorgement does not include amounts ordered in the following currently pending matters: $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.; $4,121,894 plus interest assessed in Coaltrain Energy, L.P., et al.; $9,180,000 proposed in Total Gas & Power North America , et al.; or $1,227,143, plus interest, assessed against Vitol in Vitol Inc. and Federico Corteggiano.

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.