FERC: Enforcement - Civil Penalties- Civil Penalty Actions

Enforcement Civil Penalties Civil Penalty Actions

Civil Penalty Actions

Subject of investigation and ORDER and DATE	Total payment Civil Penalty, Disgorgement, Other	Explanation of payments (civil penalty UNDER THE NGA, FPA, or ngpa; DISGORGEMENT OF PROFITS; other PAYMENTS) and compliance plans
IN RE DCP MIDSTREAM, LLC, 125 FERC ¶ 61,359 (December 23, 2008)	$360,000 Civil Penalty	Civil penalty and compliance monitoring reporting resulting from self-reported violations of the shipper-must-have-title requirement.
SEMPRA ENERGY TRADING LLC, 125 FERC ¶ 61,360 (December 23, 2008)	$400,000 Civil Penalty $7,959 Disgorgement	Civil penalty, disgorgement, and compliance monitoring reporting resulting from self-reported violations of the shipper-must-have-title requirement.
In re NorthWestern Corporation and NorthWestern Services, LLC., 125 FERC ¶ 61,233 (November 26, 2008)	$450,000 Civil Penalty	Civil penalty and compliance monitoring reporting resulting from self-reported violations of the shipper-must-have-title requirement and failure to obtain a certificate of public conveyance and necessity under section 7of the NGA.
In re Cornerstone Energy, Inc., 125 ¶ FERC 61,234 (November 26, 2008)	$325,000 Civil Penalty $121,825 Disgorgement	Civil penalty and disgorgement resulting from self-reported violations of the shipper-must-have-title requirement.
In re NorthWestern Corporation and NorthWestern Services, LLC., 125 FERC ¶ 61,233 (November 26, 2008)	$450,000 Civil Penalty	Civil penalty and compliance monitoring reporting resulting from self-reported violations of the shipper-must-have-title requirement and failure to obtain a certificate of public conveyance and necessity under section 7of the NGA.
Columbia Gas Transmission Corporation and Columbia Gulf Transmission Company, 125 FERC ¶ 61,150 (November 6, 2008)	$1,000,000 Civil Penalty $9,000,000 Disgorgement	Civil penalty and disgorgement resulting from alleged violations of the Parking and Lending Rate Schedule of the companies’ FERC tariff.
In re Enbridge Marketing (U.S.) L.P., 125 FERC ¶ 61,088 (October 24, 2008)	$500,000 Civil Penalty	Civil penalty and compliance report resulting from self-reported violations of the shipper-must-have-title requirement.
In re Integrys Energy Services, Inc., 125 FERC ¶ 61,089 (October 24, 2008)	$800,000 Civil Penalty $194,506 Disgorgement	Civil penalty, disgorgement, and a 1 year compliance monitoring plan resulting from a self-report for violations of shipper-must-have-title requirements and circumvention of the posting and bidding requirements for released capacity.
In re Duquesne Light Company, 123 FERC ¶ 61,221 (May 29, 2008)	$250,000 Civil Penalty $1,000,000 Compliance Plan	Civil penalty and at least $1,000,000 designated for a comprehensive compliance plan for violations of FERC cost allocation procedures, the electric quarterly report filing requirement, and the standards of conduct.
In re Edison Mission, 123 FERC ¶ 61,170 (May 19, 2008)	$7,000,000 Civil Penalty $2,000,000 Compliance Plan	Civil penalty and at least $2,000,000 designated for a comprehensive compliance plan for violations of 18 C.F.R. § 35.41(b) (2007), which imposes a duty to provide accurate, factual, and complete information in communications with the Commission upon electric power sellers authorized to engage in sales for resale of electric energy at market based rates.
In re Entergy New Orleans, Inc., 122 FERC ¶ 61,219 (March 11, 2008)	$400,000 Civil Penalty	Civil penalty resulting from self-reported violations of the Commission’s shipper-must-have-title requirement.
In re Constellation NewEnergy – Gas Division, LLC, 122 FERC ¶ 61,220 (March 11, 2008)	$5,000,000 Civil Penalty $1,899,416 Disgorgement	Civil penalty, disgorgement, and a compliance monitoring plan resulting from self-reported violations of the Commission’s capacity release policies, including circumvention of the posting and bidding requirements for released capacity, violations of the shipper-must-have-title requirement, and violations of the prohibition on buy-sell transactions.
In re BP Energy Company, 121 FERC ¶ 61,088 (October 25, 2007)	$7,000,000 Civil Penalty	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	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 Civil Penalty $12,481.41 Disgorgement	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	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 information between different Cleco companies.
In re Columbia Gulf Transmission Company, 119 FERC ¶ 61,174 (May 21, 2007)	$2,000,000 Civil Penalty	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	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	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	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 Civil Penalty $1,800,000 Disgorgement	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	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	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	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.