All Civil Penalty Actions - 2024 | Federal Energy Regulatory Commission

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.


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.

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: $873,962,512.

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. Also 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.; $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.

Total Disgorgement ordered for all years 2007 to present: $642,712,785.

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.

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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