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EPAct 2005 Civil Penalty Enforcement Actions
    Note: All the links below are to PDF files.

    Subject of Investigation Order and Date Total Payment Explanation of Payments (Civil Penalty Under the NGA, FPA, or NGPA; Disgorgement of Profits; Other Payments) and Compliance Plans
    In Constellation NewEnergy-Gas Division, LLC (CNE-G) 122 FERC ¶ 61,220 (March 11, 2008) $5,000,000
    $1,900,000
    Civil penalty, disgorgement and compliance plan, resulting from self-reported violations of capacity release policies, including circumvention of the competitive bidding requirement for long-term discounted released capacity, violations of the shipper-must-have-title requirement, and violations of the prohibition on buy/sell arrangements.
    In Entergy New Orleans, Inc. 122 FERC ¶ 61,219 (March 11, 2008) $400,000 Civil penalty resulting from self-reported violations of the shipper-must-have-title requirement.
    In re BP Energy Company, 121 FERC ¶ 61,088 (October 25, 2007) $7,000,000 Civil penalty and compliance monitoring plan resulting from self-reported violations of competitive bidding regulations, shipper-must-have-title requirement, and prohibition on buy/sell arrangements.
    In re MGTC, Inc., 121 FERC ¶ 61,087 (October 25, 2007) $300,000 Civil penalty and compliance report resulting from self-reported violations of the shipper-must-have-title requirement.
    In re Gexa Energy, L.L.C., 120 FERC ¶ 61,175 (August 21, 2007) $500,000
    $12,481.41
    Civil penalty and disgorgement resulting from a self-report of violations of the FPA.
    In re Cleco Power, LLC, et al., 119 FERC ¶ 61,274 (June 12, 2007)  $2,000,000 Civil penalty and a 1-2 year compliance plan resulting from a self-report for a violation of a 2003 Settlement agreement by sharing 9 employees and sharing prohibited market info between different Cleco companies.
    In re Columbia Gulf Transmission Company, 119 FERC ¶ 61,174 (May 21, 2007) $2,000,000 Civil penalty resulting from a Commission referral for a violation of a Commission order to allow installation of a receipt interconnection.
    In re Calpine Energy Services, L.P., 119 FERC ¶ 61,125 (May 9, 2007) $4,500,000 Civil penalty and a 1-2 year compliance plan resulting from a self-report for violations of shipper-must-have-title requirements.
    In re Bangor Gas Company, 118 FERC ¶ 61,186 (March 7, 2007) $1,000,000 Civil penalty and a 1 year compliance plan resulting from a self-report for violations of shipper-must-have-title requirements.
    In re PacifiCorp, 118 FERC ¶ 61,026 (January 18, 2007) $10,000,000 Civil penalty and a 1 year compliance plan resulting from a self-report for violations of OATT and Standards of Conduct.
    In re SCANA Corporation, 118 FERC ¶  61,028 (January 18, 2007) $9,000,000
    $1,800,000
    Civil penalty, disgorgement, and a 1 year compliance plan resulting from a self-report for violations of OATT.
    In re Entergy Services, Inc., 118 FERC ¶ 61,027 (January 18, 2007) $2,000,000 Civil penalty and a 1-2 year compliance plan resulting from a self-report for violations of OATT and Standards of Conduct OASIS posting requirements.
    In re NorthWestern Corporation, 118 FERC ¶ 61,029 (January 18, 2007) $1,000,000 Civil penalty and a 2 year compliance plan resulting from a hotline call for violations of Business Practice Standards for OASIS Transactions.
    In re NRG Energy, Inc., 118 FERC ¶ 61,025 (January 18, 2007) $500,000 Civil penalty and a 1 year compliance plan resulting from a self-report for violations of ISO-NE Market Rule 1 and the Commission’s Market Behavior Rules 1 and 3. 





Updated: March 21, 2008