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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
International Transmission Company; Michigan Electric Transmission Company, LLC; ITC Midwest LLC; ITC Great Plains, LLC, 146 FERC ¶ 61,172  PDF
(March 11, 2014)
$750,000 Civil Penalty Civil penalty and commitment to compliance measures resulting from violations of FPA Section 205 (failure to timely file jurisdiction contracts) and Section 203 (failure to seek prior authorization for jurisdictional transactions).
Louis Dreyfus Energy 146 FERC ¶ 61,072  PDF
(February 7, 2014)
$4,072,257 Civil Penalty (LDES)
$310,000 Civil Penalty (Cheng)

$3,334,000 Disgorgement plus interest
LDES: Civil penalty, disgorgement, removal of trader from certain responsibilities, commitment to compliance measures and compliance monitoring resulting from violations of 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation).

Cheng: Civil penalty.
Erie Boulevard Hydropower 146 FERC ¶ 61,027  PDF
(January 15, 2014)
$4,000,000 Civil Penalty Civil penalty resulting from violations of Part 12 of the Commission’s regulations, 18 C.F.R. Sections 12.1 et seq. violations of the safety of water power projects and project works.

*Total civil penalties assessed for all years: $586,377,286
**Total disgorgement ordered for all years: $299,367,047


*The “Total civil penalties assessed for all years” does not include the:

  1. $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).
  2. $453,000,000 assessed in the Barclays matter. That matter is currently pending.
  3. $5,000,000 assessed in the Lincoln Paper and Tissue matter. That matter is currently pending.
  4. $7,500,000 assessed in the Competitive Energy Services matter. That matter is currently pending.
  5. $1,250,000 assessed in the Richard Silkman matter. That matter is currently pending.

**The "Total disgorgement ordered for all years" does not include the $34,900,000 assessed in the Barclays matter, the $379,016 assessed in the Lincoln Paper and Tissue matter, or the $166,841 assessed in the Competitive Energy Services matter. Those matters are currently pending.


CIVIL PENALTY ACTIONS
 


Updated: March 13, 2014