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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
Seneca Falls Power Corporation,
143 FERC ¶ 61,063  PDF
(April 23, 2013)
$150,000 Civil Penalty;
$300,000 Project Improvements
Civil penalty, project improvements, and compliance monitoring resulting from violations of six license provisions relating to procuring and maintaining property rights necessary to operate the project; monitoring wetlands; installing recreational facilities; maintaining specified water elevations; and installing and monitoring fish passages.
Entergy Services, Inc.,
142 FERC ¶ 61,241  PDF
(March 28, 2013)
$975,000 Civil Penalty Civil penalty, mitigation and compliance enhancement measures, and compliance monitoring resulting from violations of twenty-seven requirements of fifteen reliability standards related to (1) protection system maintenance; (2) facility ratings; (3) system modeling; (4) operator qualification; and (5) communications systems.
Rumford Paper Company,
142 FERC ¶ 61,218  PDF
(March 22, 2013)
$10,000,000
Civil Penalty; $2,836,419.08
Disgorgement
Civil penalty, disgorgement, and commitment to compliance measures resulting from violations of 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation).
In Re PJM Up to Congestion Transactions,
142 FERC ¶ 61,088  PDF
(February 1, 2013)
$51,000 Civil Penalty
$29,563 Disgorgement
Civil penalty, disgorgement, and commitment to compliance training resulting from violations of 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation); individual trader agrees to refrain from trading in electricity markets and products for one year.
Westar Energy, Inc.,
142 FERC ¶ 61,066  PDF
(January 25, 2013)
$420,000 Civil Penalty
$1,153,836 Disgorgement
Civil penalty, disgorgements, and compliance monitoring resulting from violations of Southwest Power Pool’s OATT (section 28.6).
Deutsche Bank Energy Trading, LLC, 142 FERC ¶ 61,056  PDF (January 22, 2013) $1,500,000 Civil Penalty
$172,645 Disgorgement
Civil penalty, disgorgement, and compliance monitoring resulting from violations of 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation), 18 C.F.R. § 35.41(b) (prohibition of submission of false or misleading information or the omission of material information), and provisions of the CAISO tariff.
In re Progress Energy Florida, Inc., 142 FERC ¶ 61,041  PDF (January 16, 2013) $80,000 Civil Penalty Civil penalty and compliance monitoring resulting from violations of 18 C.F.R. § 35.10b (EQR filing requirements), Revised Public Utility Filing Requirements (Order No. 2001), PEF’s market based rate authority, and PEF’s cost based rates tariff.

Total civil penalties assessed for all years:$289,860,029
Total disgorgement ordered for all years: $161,123,626.08


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).


CIVIL PENALTY ACTIONS
 


Updated: May 1, 2013