Enforcement
Civil Penalty Actions
| Subject of investigation and ORDER and DATE | Total payment Civil Penalty, Disgorgement, Other |
Explanation of payments (civil penalty under the NGA, FPA, or NGPA; DISGORGEMENT OF PROFITS; other PAYMENTS) and compliance plans |
|---|---|---|
| Atmos Energy Corporation, 137 FERC ¶ 61,190 |
$6,364,029 Civil Penalty; $5,635,971 Disgorgement | Civil penalty and disgorgement resulting from violations of 18 C.F.R. § 1c.1 (capacity release policies), 18 C.F.R. § 284.8 (posting and bidding requirements), and the shipper-must-have-title requirement. |
| PacifiCorp, 137 FERC ¶ 61,176 |
$3,925,000 Civil Penalty ($1,962,500 to each FERC and NERC) | Civil penalty, reliability enhancement measures, and compliance monitoring resulting from multiple violations of reliability standards related to its functions as a Balancing Authority and Transmission Operator, surrounding a February 14, 2008 disturbance, including: BAL-002-0, R4, R6; EOP-001-0, R1, R8; EOP-002-0, R1, R7; EOP-002-2, R1, R2, R5, R6, R7; EOP-003-1, R1, R8; PER-001-0, R1; PER-002-0, R1; PRC-005-1, R2; PRC-008-0, R2; PRC-011-0, R2; PRC-017-0, R2; PRC-STD-005, WR1; TOP-001-1, R2, R8; TOP-004-1, R1, R2, R4; and WECC BAL-STD-002-0, WR1. |
| Holyoke Gas and Electric Department, 137 FERC ¶ 61,159 |
$336,367.86 Disgorgement | Disgorgement and compliance monitoring resulting from violations of 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation). Holyoke took three separate units out of service without notifying the ISO-NE or scheduling with the ISO-NE as required by the tariff; offered the three units’ energy into the day-ahead and real-time markets, and submitted GADS data indicating the units had been available for dispatch during the outages, even though Holyoke knew the units could not have provided energy if dispatched. |
| Duke Energy Carolinas, LLC, 136 FERC ¶ 61,237 |
$425,000 Civil Penalty | Civil penalty and compliance monitoring resulting from forty-two transactions that violated the June 30, 2005 order revoking Duke’s MBR authority in its control area, Duke’s Commission-approved MBR and CBR tariffs, 18 C.F.R. § 35.1(e) (prohibition of charging rates different from the rate schedule on file with the Commission), and 18 C.F.R. § 35.10b (EQR filing requirements); and 134 transactions that violated 18 C.F.R. § 35.10b (EQR filing requirements) |
| Grand River Dam Authority, 136 FERC ¶ 61,132 |
$350,000 Civil Penalty ($175,000 to each FERC and NERC) $2,000,000 Mitigation and Compliance Enhancement Measures |
Civil penalty, mitigation and compliance enhancement measures and compliance monitoring resulting from violations of fifty-two requirements of nineteen reliability standards (R5, R6, R10, R11 and R19 of TOP-002-2a; R1, R2 and R4 of TOP-004-2; R2 and R4 of TOP-008-1; R16.1 of TOP-002-2a; R6 of TOP-006-2; R1, R2 and R5 of COM-001-1.1; R1.1 through R1.8 of EOP-008-0; R3 of EOP-004-1; R1 of FAC-008-1; R1 of FAC-009-1; R1, R2 and R3 of FAC-001-0; R1, R2 and R3 of the TPL- series; R1 and R4 of PRC-001-1; R1 of PRC-004-1; R2.2 of PRC-001-1; Requirements R1, R2.1 and R2.2 of PRC-005-1; R1 of PRC-018-1; R1 of PER-002-0; R3.4 of PER-002-0). |
| Black Hills Power, Inc., 136 FERC ¶ 61,088 |
$200,000 Civil Penalty | Civil penalty and compliance monitoring resulting from violations of 18 C.F.R. § 37.6(b) (Open Access Same Time Information Systems) and 18 C.F.R. § 35.39(f) (Affiliate Restrictions). |
| Western Electric Coordination Council, 136 FERC ¶ 61,020 |
$350,000 Civil Penalty | Civil penalty and reliability enhancement measures resulting from violations of nine requirements of five reliability standards (IRO-005-1, R11; IRO-005-1, R8; EOP-002-2, R1; IRO001-1, R3; IRO-005-1, R13; EOP-002-2, R8; COM-002-2, R2; IRO-005-1, R12; IRO-002-1, R9) associated with a Bulk Electric System disturbance. |
| Moussa I. Kourouma D/B/A Quntum Energy LLC, 135 FERC ¶ 61,245 |
$50,000 Civil Penalty | Civil penalty resulting from violations of 18 § C.F.R. 35.41(b) (prohibition of submission of false or misleading information or the omission of material information in any communication with the Commission and certain jurisdictional entities) |
| Brian Hunter, 135 FERC ¶ 61,054 |
$30,000,000* Civil Penalty | Civil penalty resulting from violations of 18 C.F.R. §1c.1 (Natural Gas Anti-Market Manipulation Rule) |
| National Fuel Marketing Company, LLC, 135 FERC ¶ 61,011 |
$290,000 Civil Penalty | Civil penalty and compliance monitoring resulting from violations of shipper-must-have-title requirements. |
| In RE Seminole Services, LLC, 135 FERC ¶ 61,010 |
$300,000 Civil Penalty
$271,315 Disgorgement |
Civil penalty, disgorgement and compliance monitoring resulting from violations of the prohibition on buy/sell transactions. |
| Dartmouth Power Associates LTD. Partnership, 134 FERC ¶ 61,085 |
Compliance reporting resulting from violations of ISO-NE’s Open Access Transmission Tariff and 18 C.F.R. § 35.41(a) and § 35.41(b) (2010). | |
| National Energy & Trade, L.P. and Mission Valley Pipeline Co., 134 FERC ¶ 61,072 |
$500,000 Civil Penalty | Civil penalty and compliance reporting resulting from violations of open access transportation policies, including competitive bidding requirements for long-term, discounted rate capacity releases, flipping, and the shipper-must-have-title requirement. |
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*The “Total Civil Penalties Assessed for all years” does not include the $30,000,000 penalty assessed against Hunter, which was addressed on petition for review in Hunter v. FERC, No. 11-1477 (D.C. Cir. March 15, 2013). |
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