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 |
|---|---|---|
| Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine, Docket No. IN08-8-000, and FERC v. Barclays Bank PLC et al., No. 2:13-cv-02093-TLN-DB (E.D. Cal.), Order Approving Stipulation and Consent Agreement, 161 FERC ¶ 61,147 (November 7, 2017) Prior Commission Activity: Order Assessing Civil Penalties, 144 FERC ¶ 61,041 (July 16, 2013) Order to Show Cause and Notification of Proposed Penalty, 141 FERC ¶ 61,084 (October 31, 2012) |
Civil penalties and disgorgement as follows: $70,000,000 in civil penalties to the U.S. Treasury against Barclays. $35,000,000 in disgorgement by Barclays. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Barclays Bank PLC (Barclays), Daniel Brin, Scott Connelly, and Karen Levine (together, Defendants) finding that the Agreement is in the public interest and resolves on fair and equitable terms: (a) the Commission’s claims against Defendants for violations of section 222 of the Federal Power Act (FPA) and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § lc (2017), and (b) the Commission’s action captioned FERC v. Barclays Bank PLC et al., No. 2:13-cv-02093-TLN-DB (E.D. Cal.). |
| American Transmission Company, LLC, Docket No. IN17-5-000, 160 FERC ¶ 61,030 (August 28, 2017) | $205,000 in civil penalties to U.S. Treasury and implementation of measures designed to ensure compliance in the future, including submitting semi-annual compliance reports. | The Commission approved a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and American Transmission Company, LLC (ATC) that found the Agreement resolves on fair and equitable terms Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2017), into (i) whether ATC violated section 203(a)(1)(B) of the Federal Power Act (FPA) and Part 33 of the Commission’s regulations, 18 C.F.R. Part 33, by acquiring certain Commission-jurisdictional facilities without prior Commission approval; and (ii) whether ATC violated section 205 of the FPA and Part 35 of the Commission’s regulations, 18 C.F.R. Part 35, by failing to timely file certain Commission jurisdictional agreements. ATC admits the violations and agrees to pay the civil penalty and implement compliance measures. |
| Westar Energy, Inc., Docket No. IN15-8-000, Order Approving Stipulation and Consent Agreement, 160 FERC ¶ 61,025 (August 24, 2017) | $180,000 in civil penalty to U.S. Treasury and monitoring that includes submission of annual compliance monitoring reports for two years, with the requirement of a third year at Enforcement’s option. | The Commission approved a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Westar Energy, Inc. (Westar). This found that the Agreement resolved on fair and equitable terms Enforcement’s investigation into whether Westar violated provisions of the Southwest Power Pool (SPP) Tariff and 18 C.F.R. § 35.41(b) by submitting inaccurate cost inputs for its mitigated energy offer curves (EOCs), or by intentionally targeting outsized make-whole payments. Westar admitted to the violation and agrees to pay the civil penalty and to be subject of the agreed upon compliance monitoring. |
| City Power Marketing, LLC and K. Stephen Tsingas, Docket No. IN15-5-000, and FERC v. City Power Marketing, LLC and K. Stephen Tsingas, Case No. 1:15-cv-01428-JDB (DDC), Order Approving Stipulation and Consent Agreement, 160 FERC ¶ 61,013 (August 22, 2017). Prior Commission Activity: Order Assessing Civil Penalties, 152 FERC ¶ 61,012 (July 2, 2015) Order to Show Cause and Notice of Proposed Penalty, 150 FERC ¶ 61,176 (March 6, 2015) |
Civil penalties and disgorgement as follows: $1,300,000 in disgorgement to PJM Interconnection, Inc. by Tsingas; $9 million civil penalty to U.S. Treasury against City Power; $1,420,000 civil penalty to U.S. Treasury against Tsingas. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and K. Stephen Tsingas and City Power Marketing, LLC finding that the Agreement resolves on fair and equitable terms (a) the Commission’s claims against Tsingas and City Power for violations of section 222 of the Federal Power Act (FPA) and the Commission’s Anti-Manipulation Rule, 18 C.F.R. § lc (2017), and of the Commission’s rule requiring truthful communications with (among others) the Commission, 18 C.F.R. § 35.41(b) (2017); and (b) the Commission’s action captioned FERC v. City Power Marketing, LLC, No. 1:15-cv-01428-JDB (D.D.C.). The Commission will file a new status report with the United States District Court for the District of Columbia advising that the Commission has approved the Agreement. |
| Covanta Haverhill Associates L.P., Docket No. IN17-3-000, Order Approving Stipulation and Consent Agreement, 158 FERC ¶ 61,105 (February 1, 2017) | Civil Penalty in the amount of $36,000 to the United States Treasury and implementation of new compliance measures, including submission of periodic reports to the Commission. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Covanta Haverhill Associates L.P. (Covanta Haverhill). The Agreement resolves the investigation conducted by Enforcement into whether Covanta Haverhill violated the ISO-New England (ISO-NE) Tariff and one of the Commission’s Market Behavior Rules, 18 C.F.R. § 35.41(a) (2016), by failing to provide required instantaneous metered powered output data to ISO-NE. Covanta Haverhill stipulated to the facts but neither admitted nor denied the alleged violations. It agreed to pay a civil penalty of $36,000 and to implement new compliance measures, including submission of periodic compliance monitoring reports for at least two years. |
|
GDF SUEZ Energy Marketing NA, Inc. (GSEMNA), Docket No. IN17-2-000, Order Approving Stipulation and Consent Agreement, 158 FERC ¶ 61,102 (February 1, 2017) |
Disgorgement in the amount of $40,800,000 to PJM. Civil Penalty in the amount of $41,000,000 to the United States Treasury. | The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and GDF SUEZ Energy Marketing NA, Inc. (GSEMNA). The Agreement resolves the investigation conducted by Enforcement into whether GSEMNA violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c (2016), by improperly targeting and increasing its receipt of lost opportunity cost credits (LOCs) in the PJM Interconnection, L.L.C. (PJM) market. GSEMNA neither admits nor denies the alleged violations, but agrees to pay the amounts as outlined in the Agreement, and to be subject to monitoring that includes submission of an annual compliance monitoring report, with the requirement of a second annual report at Enforcement’s option. |
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