Commissioner Neil Chatterjee Statement
July 15, 2021
Docket No. IN12-17-000
Order: G-1
I join the majority in establishing a hearing to determine whether Total Gas & Power North America, Inc., Total, S.A., Total Gas & Power, Ltd., Aaron Hall, and Therese Tran f/k/a Nguyen (collectively, Respondents) violated the Natural Gas Act’s prohibition on market manipulation and the Commission’s Anti-Manipulation Rule, and to ascertain certain facts relevant for any potential civil penalties. I agree with today’s order because there are genuine issues of material fact that must be thoroughly and transparently examined before the Commission can act on the merits.
However, I write separately to emphasize that this hearing should not be viewed as a vehicle to firm up the case against Respondents; rather, it should be an impartial venue to consider the credibility of the evidence and the validity of the claims. For instance, as Commissioner Danly notes, Respondents’ allegations regarding the veracity of witness testimony warrant careful scrutiny.
I also highlight that today’s order does not make any judgment about whether penalties are warranted or, if they are warranted, what penalty levels are appropriate. The stakes are high in Commission enforcement proceedings, including and especially for individual respondents. Accordingly, any potential penalties should be right-sized, tailored to the circumstances, and wielded with care. I urge the Commission to stay focused on resolving this long-standing matter as fairly and expeditiously as possible.
For these reasons, I respectfully concur.