Enforcement All Civil Penalty Actions
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|
|Algonquin Gas Transmission, LLC, Docket No. IN19-2-000, Order Approving Stipulation and Consent Agreement, 166 FERC ¶ 61,012 (January 7, 2019)||Civil Penalty of $400,000 to the United States Treasury.||The Commission issued an Order approving a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (Enforcement) and Algonquin Gas Transmission, LLC (Algonquin). The Agreement resolves the investigation conducted by Enforcement into whether Algonquin violated the express terms of the Commission-issued Algonquin Incremental Market (AIM) Project Certificate, when it entered wetlands on the banks of the Hudson River outside the AIM Project’s right of way with construction equipment in an attempt to retrieve a broken drill stem without obtaining a variance from the Commission as required. Algonquin admits to the facts set forth in the Agreement, but neither admits nor denies the violations.|
Total Civil Penalties assessed for all years 2007 to present: $776,756,520.
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: $20,160,000 in BP America Inc., et al. that is now at the US Court of Appeals for the Fifth Circuit; $7,500,000 against Competitive Energy Services, LLC; and $1,250,000 against Richard Silkman assessed in the matter of CES and Richard Silkman; $16,800,000 against Powhatan Energy Fund LLC, $10,080,000 against CU Fund Inc., $1,920,000 against HEEP Fund Inc., or $1,000,000 against Houlian Chen assessed in Powhatan Energy Fund, et al.; $26 million against Coaltrain Energy, L.P., $5 million each against Peter Jones and Shawn Sheehan, $1 million against Robert Jones, and $500,000 each against Jeff Miller and Jack Wells assessed in Coaltrain Energy, L.P., et al.; $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; or $4,200,000 proposed in Footprint Power LLC, et al.
Total Disgorgement ordered for all years 2007 to present: $510,938,115.
Total Disgorgement does not include amounts ordered in the following currently pending matters: $166,841 ordered in Competitive Energy Services, LLC; $207,169 in BP America Inc., et al.; that is now at the US Court of Appeals for the Fifth Circuit; $3,465,108 assessed in Powhatan Energy Fund LLC; $1,080,576 assessed in CU Fund Inc.; $173,100 assessed in HEEP Fund, Inc.; $4,121,894 plus interest assessed in Coaltrain Energy, L.P., et al.; $9,180,000 proposed in Total Gas & Power North America; or $2,049,571 proposed in Footprint Power LLC, et al.
Total Other Payments ordered for all years 2007 to present: $8,200,000
“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.