All Civil Penalty Actions - 2024

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.

     
Montpelier Generating Station, LLC and Rockland Capital, LP, Docket No. IN24-15-000, Order Approving Stipulation and Consent Agreement, 189 FERC ¶ 61,185 (Dec. 6, 2024) Civil penalty of $105,000; disgorgement of $674,064 to PJM Interconnection; and compliance monitoring

The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Montpelier Generating Station, LLC (Montpelier) and Rockland Capital, LP (Rockland) (collectively, the Companies). The Agreement resolves Enforcement’s investigation into whether the Companies violated the PJM Interconnection (PJM) Open Access Transmission Tariff and the Commission’s Market Behavior Rule, 18 C.F.R. Section 35.41(b), by classifying a Forced Outage as a Maintenance Outage in submissions to PJM during the period October 25, 2022 through January 11, 2023, causing Montpelier to avoid Performance Assessment Interval penalties during Winter Storm Elliott in December 2022.

The Companies stipulate to the facts section set forth in Section II of the Agreement, but neither admit nor deny the alleged violations in Section III of the Agreement.  Montpelier agrees to: (a) disgorge $674,064 in avoided penalties to PJM, plus $84,690 in interest; (b) pay a civil penalty of $105,000 to the United States Treasury; and (c) submit an annual compliance monitoring report to Enforcement for two years with a third year at Enforcement’s discretion.

Ketchup Caddy, LLC and Philip Mango, Docket No. IN23-14-000, Order Assessing Civil Penalties, 189 FERC ¶ 61,176 (Dec. 5, 2024)

Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 186 FERC ¶ 61,132 (Feb. 21, 2024)

 Civil penalties and disgorgement as follows: $25,000,000 civil penalty against Ketchup Caddy; $1.5 million civil penalty against Mango: $506,502 in disgorgement, plus interest, by Mango. Following an Order to Show Cause proceeding, the Commission issued an Order Assessing Civil Penalties against Ketchup Caddy, LLC (Ketchup Caddy) and Philip Mango.  The order found that Ketchup Caddy and Mango engaged in a scheme to register demand response resources with the Midcontinent Independent System Operator, Inc. (MISO) without those resources’ knowledge or consent, thereby violating section 222(a) of the Federal Power Act (FPA) and section 1c.2(a) of the Commission’s regulations.  The order also found that Ketchup Caddy violated sections 69A.3.5 and 69A.7.1 of the MISO Open Access Transmission, Energy and Operating Reserve Markets Tariff by offering uncontracted resources into the annual Planning Resource Auctions (PRA) that MISO uses to procure capacity necessary to maintain reliability of the MISO grid.  The Commission assessed a civil penalties of $25,000,000 against Ketchup Caddy and $1,500,000 against Mango.  The Commission also ordered Mango to disgorge $506,502, plus interest.
Sonoran West Solar Holdings, LLC and Sonoran West Solar Holdings 2, LLC, Docket No. IN24-13-000, Order Approving Stipulation and Consent Agreement, 189 FERC ¶ 61,174 (Dec. 5, 2024)

Civil penalty of $1,000,000, disgorgement of $2,877,418; and compliance monitoring

The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Sonoran West Solar Holdings, LLC (Sonoran 1) and Sonoran West Solar Holdings 2, LLC (Sonoran 2) (collectively, the Sonoran Entities).  The Order resolves Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2024), into whether the Sonoran Entities violated the California Independent System Operator Corporation’s (CAISO) Open Access Transmission Tariff (CAISO Tariff) or Commission regulations in connection with operating the Crimson 1 battery energy storage system (Crimson 1) (directly owned by Sonoran 1) and the Crimson 2 battery energy storage system (Crimson 2) (directly owned by Sonoran 2) (together, the Crimson Battery Project) during the period October 1, 2022 through February 17, 2023.

The Sonoran Entities stipulate to the fact section set forth in Section II of the Agreement, but neither admit nor deny the alleged violations in Section III of the Agreement.  The Sonoran Entities agree to: (a) pay a civil penalty of $1,000,000 to the United States Treasury; (b) disgorge $2,473,265, plus interest, to CAISO and (c) be subject to compliance monitoring as provided in the Agreement.

Public Service Electric & Gas Company, Docket No. IN21-5-000, Order Approving Stipulation and Consent Agreement, 189 FERC ¶ 61,175 (Dec. 5, 2024)

Civil penalty of $6,600,000 and compliance monitoring

The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Public Service Electric & Gas Company (PSE&G).  The Order resolves Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2024), into whether PSE&G violated 18 C.F.R. § 35.41(b) (2024) of the Commission’s regulations by failing to fully and accurately provide information to PJM Interconnection, LLC (PJM) beginning on September 1, 2017 and leading up to April 10, 2018 in connection with a request for approval of a $546 million transmission project under PJM’s Regional Transmission Expansion Plan process. 

PSE&G stipulates to the fact section set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement.  PSE&G agrees to: (a) pay a civil penalty of $6,600,000 to the United States Treasury and (b) be subject to compliance monitoring as provided in the Agreement.
Big Rivers Electric Corporation, Docket No.   IN24-9-000, Order Approving Stipulation and Consent Agreement, 188 FERC ¶ 61,155 (Sept. 5, 2024) Civil penalty of $336,870; disgorgement of $308,341 to MISO; and compliance monitoring

The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Big Rivers Electric Corporation (BREC).  The Order resolves Enforcement’s investigation into whether BREC violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2(a), or other regulations through its communications with the Midcontinent Independent System Operator, Inc. (MISO) and MISO’s Independent Market Monitor, and through its offers to MISO, during June and July 2023. 

BREC stipulates to the fact section set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement.  BREC agrees to: (a) pay a civil penalty of $336,870 to the United States Treasury; (b) pay disgorgement to MISO in the amount of $308,341, inclusive of interest; and (c) be subject to compliance monitoring and undertake compliance program improvements, as set forth in the Agreement.
Arlington Energy Center III, LLC; Blythe Solar 110, LLC; Blythe Solar III, LLC; Blythe Solar IV, LLC; Desert Sunlight 250, LLC; Sunlight Storage, LLC; and McCoy Solar, LLC, Order Approving Stipulation and Consent Agreement, 188 FERC ¶ 61,117 (August 8, 2024). Civil penalty of $105,000; disgorgement of $381,724 to the California Independent System Operator; and compliance monitoring.

The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Arlington Energy Center III, LLC; Blythe Solar 110, LLC; Blythe Solar III, LLC; Blythe Solar IV, LLC; Desert Sunlight 250, LLC; Sunlight Storage, LLC; and McCoy Solar, LLC (the Companies).   The Agreement resolves Enforcement’s investigation into whether the Companies, which are indirect subsidiaries of NextEra Energy Resources, LLC and/or NextEra Energy Partners, LP that each operate a co-located battery energy storage system and solar generation facility, violated the California Independent System Operator Corporation’s (CAISO’s) Open Access Transmission Tariff when providing ancillary services to CAISO during the period January 1, 2022 through September 1, 2023. 

The Companies stipulated to the facts, admitted to the violations, and agreed to (a) pay a $105,000 civil penalty to the United States Treasury; (b) disgorge $381,724 to CAISO; and (c) submit an annual compliance monitoring report to Enforcement for one year with a second year at Enforcement’s discretion.

Vista Energy Storage, LLC, Docket No. IN24-11-000, Order Approving Stipulation and Consent Agreement, 188 FERC ¶ 61,112 (Aug. 6, 2024)

Civil penalty of $1,000,000; disgorgement of $1,670,000 to CAISO; and compliance monitoring.

The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Vista Energy Storage, LLC (Vista).  The Agreement resolves Enforcement’s investigation (Investigation) into whether Vista violated the California Independent System Operator Corporation’s (CAISO) Open Access Transmission Tariff or Commission regulations by submitting bids to CAISO when the Vista Battery was not reasonably expected to be available and capable of performing at the levels specified in the bids, on 33 days during the summer of 2022.

Vista stipulates to the fact section set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement.  Vista agrees to: (a) pay a $1,000,000 civil penalty to the U.S. Treasury; (b) disgorge $1,670,000 to CAISO; and (c) be subject to compliance monitoring as provided in the Agreement.   

SunSea Energy, LLC, Docket No. IN24-8-000, Order Approving Stipulation and Consent Agreement, 187 FERC ¶ 61,225 (June 28, 2024)  Civil Penalty of $5,000

The Commission issued an Order approving the Stipulation and Consent Agreement (Agreement) resolving the investigation of SunSea Energy, LLC (SunSea).  As set out in the terms of the Agreement, SunSea neither admitted nor denied the violations, but stipulated to the facts contained therein.  SunSea agreed to pay a civil penalty of $5,000.  The Agreement does not require that the company submit to compliance monitoring.
Josco Energy Corp., Docket No. IN24-7-000, Order Approving Stipulation and Consent Agreement, 187 FERC ¶ 61,221 (June 28, 2024) Civil Penalty of $5,000 The Commission issued an Order approving the Stipulation and Consent Agreement (Agreement) resolving the investigation of Josco Energy Corp. (Josco).  As set out in the terms of the Agreement, Josco neither admitted nor denied the violations, but stipulated to the facts contained therein.  Josco agreed to pay a civil penalty of $5,000.  The Agreement does not require that the company to submit to compliance monitoring.

Galt Power Inc., Docket No. IN20-5-000, Order Approving Stipulation and Consent Agreement, 187 FERC ¶ 61,224 (June 28, 2024)

 Civil penalty in the amount of $1,500,000; disgorgement of $372,297.85 to the Commonwealth of Massachusetts from Galt Power Inc; and compliance monitoring

On June 28, 2024, the Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Galt Power Inc., (Galt).  The Agreement resolves Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2024), into whether Galt violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2 (2024), and section 222 of the Federal Power Act by repeatedly engaging in prohibited wash trades between the New York Independent System Operator and ISO New England Inc. markets between July 8, 2016 and April 23, 2019.  Galt stipulates to the fact section set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement.  Galt agreed to: (1) pay a $1,500,000 civil penalty; (2) pay the Commonwealth of Massachusetts disgorgement of $327,297.85; and (3) submit to compliance monitoring for at least two years.
ENGIE Energy Marketing NA, Inc., Docket No. IN24-6-000, Order Approving Stipulation and Consent Agreement, 187 FERC ¶ 61,084 (May 20, 2024) Civil penalty in the amount of $48,000 and compliance monitoring

On May 20, 2024, the Commission approved the Stipulation and Consent Agreement (Agreement) between the ENGIE Energy Marketing NA, Inc. (EEMNA).  The Agreement resolves Enforcement’s investigation into whether EEMNA misrepresented to the ISO New England Inc. (ISO-NE) Internal Market Monitor (IMM) that generator assets EEMNA managed qualified for an exemption from energy market mitigation between July 2021 and September 2022.

EEMNA stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement.  EEMNA agreed to pay a $48,000 civil penalty and to submit an annual compliance monitoring report one year from the effective date of the Agreement.
Smart One Energy LLC, Docket No. IN23-13-000, Order Approving Stipulation and Consent Agreement, 186 FERC ¶ 61,181 (March 12, 2024) Civil penalty in the amount of $5,000

On March 12, 2024, the Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Smart One Energy LLC (Smart One).  In its Order, the Commission found the settlement is in the public interest because the Agreement resolves on fair and equitable terms Enforcement’s investigation into whether Smart One violated Section 26.2.1.4 of the New York Independent System Operator’s (NYISO) Market Administration and Control Area Services Tariff for failing to timely inform NYISO of sanctions imposed by two state public service utility commissions.

Smart One stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement.

Vitol Inc. and Federico Corteggiano, Docket No. IN14-4-000, Order Approving Stipulation and Consent Agreement, 186 FERC ¶ 61,008 (Jan. 4, 2024) and FERC v. Vitol Inc. and Federico Corteggiano, Case No. 2:20-CV-00040-KJM-AC (E.D. Cal.)

Prior Commission Activity: Order to Show Cause and Notice of Proposed Penalty, 168 FERC ¶ 61,013 (July 10, 2019); Order Assessing Civil Penalties, 169 FERC ¶ 61,070 (Oct. 25, 2019)

Civil Penalty of $2,225,000 against Vitol and $75,000 against Corteggiano

 

Following an order to Show Cause proceeding, the Commission issued an Order Assessing Civil Penalties on October 25, 2019, against Vitol Inc. (Vitol) and Federico Corteggiano (Corteggiano), finding that Vitol and Corteggiano violated section 1c.2 of the Commission’s regulations and section 222a of the Federal Power Act (FPA) by selling physical power at a loss in the California Independent System Operator’s wholesale electric market in order to eliminate congestion that they expected to cause losses on Vitol’s congestion revenue rights. The order assessed disgorgement and civil penalties as outlined for the violations. During the Order to Show Cause proceeding, Vitol and Corteggiano elected the procedures of FPA section 31(d)(3), in which the Commission assesses a civil penalty and if it is not paid within 60 days, the Commission institutes an action in federal district court to affirm the assessment. The Commission filed suit against Vitol and Corteggiano in the Eastern District of California on January 6, 2020.

On January 4, 2024, the Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Vitol and Corteggiano. The Agreement resolves the litigation between Defendants and the Commission for violations of section 1c.2 of the Commission’s regulations and section 222a of the Federal Power Act in FERC v. Vitol Inc. and Federico Corteggiano, Case No. 2:20-CV-00040-KJM-AC (E.D. Cal.). Vitol and Corteggiano neither admitted nor denied the alleged violations and Vitol agreed to pay $2,225,000 in civil penalties to the United States Treasury, and Corteggiano agreed to pay $75,000 in civil penalties to the United States Treasury.

 
Linde, Inc. and Northern Indiana Public Service Company, Docket No. IN24-3-000, Order Approving Stipulation and Consent Agreement, 186 FERC ¶ 61009 (January 4, 2024) Civil penalty of $10,500,000 paid by Linde, Inc. (Linde); disgorgement of $48,500,000 by Linde; disgorgement of $7,700,000 by Northern Indiana Public Service Company (NIPSCO); commitment by NIPSCO to ensure that disgorged funds paid to NIPSCO are returned to ratepayers; commitment by Linde to training and reporting if it again participates in MISO demand response program.

The Commission approved the Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Linde, Inc. (Linde) and Northern Indiana Public Service Company (NIPSCO).  The Agreement resolves Enforcement’s investigation into whether Linde and/or NIPSCO violated the Federal Power Act, the MISO Tariff, or Commission regulations, in connection with Linde’s participation, through NIPSCO, in a MISO demand response program.

Linde and NIPSCO stipulated to the facts set forth in the Agreement.  Linde agreed to (a) pay a $10,500,000 civil penalty to the U.S. Treasury and (b) pay $48,500,000 in disgorgement.  NIPSCO agreed to pay $7,700,000 in disgorgement.  NIPSCO agreed to take specific steps with its state regulator to ensure that disgorged funds paid to NIPSCO will be paid to NIPSCO ratepayers (other than Linde).  Linde agreed that, should it ever participate as a demand response unit in MISO in the future, it will provide training to its staff and alert Enforcement and the MISO Market Monitor.

Total Civil Penalties assessed for all years 2007 to present: $884,667,382.

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.  Total Civil Penalties against BP America Inc., et al. (Docket No. IN13-15) includes only the 2023 Commission-approved settlement amount of $10,750,000.  Total Civil Penalties does not include penalties proposed or assessed in the following currently pending matters: $213,600,000 civil penalty against TGPNA, $1,000,000 civil penalty against Hall, and $2,000,000 civil penalty against Tran proposed in Total Gas & Power North America, et al. (Docket No. IN12-17-000); or $15,000,000 civil penalty assessed against Boyce Hydro Power LLC; or $20,160,000 civil penalty proposed against Rover Pipeline Company, LLC and Energy Transfer Partners, L.P. (Docket No. IN19-4-000); or $40,000,000 civil penalty proposed against Rover Pipeline Company, LLC and Energy Transfer Partners, L.P. (Docket No. IN17-4-000); or $600,000 civil penalty proposed against Ampersand Cranberry Lake Hydro LLC; or $25,000,000 civil penalty assessed against Ketchup Caddy, LLC and $1,500,000 civil penalty assessed against Philip Mango.

Total Disgorgement ordered for all years 2007 to present: $648,996,629.

Total Disgorgement does not include amounts ordered in the following currently pending matters: $9,180,000 proposed in Total Gas & Power North America, et al.; or $506,502 accessed against Philip Mango.

Total Other Payments ordered for all years 2007 to present: $188,150,573.

“Other payments” are defined as miscellaneous items ordered by the Commission that have a financial value, but are not considered a civil penalty or disgorgement. They include payments towards mitigation, enhancements, compliance activities, or a hurricane charitable fund. Payments included in this total are: $1,000,000 charitable donation ordered in Entergy Energy Services, Inc. in 2007; $1,000,000 in compliance plan improvements ordered in Duquesne Light Company in 2008; $2,000,000 in compliance plan improvements ordered in Edison Mission in 2008; $2,000,000 in mitigation and compliance plan improvements ordered in Grand River Dam Authority in 2011; $2,200,000 in public safety enhancements and computer system upgrades ordered in Erie Boulevard Hydropower, L.P. and Brookfield Power US Assets Management, LLC in 2014; $179,600,573 judgment in favor of PJM in a Texas state court in GreenHat Energy, LLC in 2022; $350,000 in compliance plan improvements ordered in ISO-New England, Inc. in 2022.

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This page was last updated on December 10, 2024