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|
|Berkshire Power Company LLC and Power Plant Management Services LLC, Docket No. IN16-3-000, Order Approving Stipulation and Consent Agreement, 154 FERC ¶ 61,259 (March 30, 2016)||Disgorgement and civil penalties as follows, respectively: $1,012,563, plus interest in disgorgement against Berkshire. $2,000,000 in civil penalties, jointly and severally, against Berkshire and Power Plant Management, and an additional separate civil penalty in the amount of $30,000 against Berkshire for violations of the Reliability Standards.||The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement), Berkshire Power Company LLC (Berkshire), and Power Plant Management Services LLC (PPMS). The Agreement resolves the investigation conducted by Enforcement into whether Berkshire and PPMS violated section 222 of the Federal Power Act (FPA) and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.1 (2015), and whether Berkshire separately violated the Market Behavior Rules, 18 C.F.R. § 35.41(a) and (b), the ISO-NE Tariff, and certain Commission-Approved Reliability Standards, by concealing plant maintenance and associated outages from ISO-New England, Inc. (ISO-NE) between January 1, 2008 and March 30, 2011. Berkshire and PPMS admit the violations and agree, in addition to payment of the civil penalties and disgorgement, to implement measures designed to improve compliance with applicable Commission regulations and jurisdictional tariffs.|
|Coaltrain Energy, L.P., Peter Jones, Shawn Sheehan, Robert Jones, Jeff Miller, Jack Wells, and Adam Hughes, Docket No. IN16-4-000, Order to Show Cause and Notice of Proposed Penalty, 154 FERC ¶ 61,002 (January 6, 2016)||Disgorgement and civil penalties as follows, respectively: $4,121,894 in disgorgement against Coaltrain, Peter Jones, and Shawn Sheehan, jointly and severally. Coaltrain $26,000,000; Peter Jones and Shawn Sheehan $5,000,000 each; Robert Jones $1,000,000; Jeff Miller and Jack Wells $500,000 each; and Adam Hughes $250,000 in civil penalties.||The Commission issued an Order to Show Cause asking Coaltrain Energy, L.P., Peter Jones, Shawn Sheehan, Robert Jones, Jeff Miller, Jack Wells, and Adam Hughes to show the Commission why they should not be found to have violated section 1c.2 of the Commission’s regulations and section 222 of the Federal Power Act (FPA), by engaging in fraudulent Up To Congestion (UTC) transactions in PJM Interconnection L.L.C.’s energy markets. The Order to Show Cause further asks Coaltrain Energy, L.P.to show the Commission why it should not be found to have violated 18 C.F.R. § 35.41(b) of the Commission’s rules through false and misleading statements and material omissions relating to the existence of documents responsive to data requests and relating to the trading conduct at issue in the matter. Finally, the Order to Show Cause directs the Respondents to show cause why disgorgement and civil penalties should not be assessed for the violations alleged by Enforcement Staff.|
Total Civil Penalties assessed for all years 2007 to present: $644,959,786.00.
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: $28,000,000 in BP America Inc., et al.; $453,000,000 in Barclays Bank PLC, et al.; $5,000,000 assessed in Lincoln Paper and Tissue, LLC; $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; $5,000,000 (Maxim corporate entities) and $50,000 (Kyle Mitton) assessed in Maxim Power Corporation, et al.; $14 million against City Power Marketing, LLC and $1 million against K. Stephen Tsingas.
Total Disgorgement ordered for all years 2007 to present: $302,969,089.00.
Total Disgorgement does not include amounts ordered in the following currently pending matters: $34,900,000 ordered in Barclays Bank PLC, et al.; $379.016 ordered in Lincoln Paper and Tissue, LLC; $166,841 ordered in Competitive Energy Services, LLC; $800,000 proposed in BP America Inc., et al.; $3,465,108 assessed in Powhatan Energy Fund LLC; $1,080,576 assessed in CU Fund Inc.; or $173,100 assessed in HEEP Fund, Inc. or $1,278,358 assessed in City Power Marketing, et al.