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Federal Energy Regulatory Commission

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Commissioner Moeller Statement
December 18, 2014
Docket No. IN15-3-000

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Order to Show Cause and Notice of Proposed Penalty

“I believe there is a common misperception about one element of our enforcement process. And my statement today is an attempt to clarify that misperception.

“Yesterday, the Commission issued an order that directed Houlian Chen, HEEP Fund, CU Fund, and Powhatan Energy Fund to show cause why they should not be found to have violated the Commission’s regulations and the Federal Power Act by engaging in fraudulent Up To Congestion transactions in PJM. These allegations arose out of an investigation conducted by Office of Enforcement staff, as described in staff’s report on this matter.

“In the show-cause order, the Commission noted that issuance of the staff report does not indicate Commission adoption or endorsement of staff’s findings. This statement reflects the Commission’s long-standing practice not to pre-judge the findings made in staff reports. Instead, the Commission will consider the entire record in this proceeding to determine whether the assessment of civil penalties is appropriate.”