Compliance, Audits & Enforcement Practice
Issue Alerts
FERC Poised to Review NERC Registration of Generator as Transmission Owner and Transmission Operator
Vincenzo Franco, Andrew ArtFebruary 12, 2008
On February 4, New Harquahala Generating Co., LLC (Harquahala), appealed to the Federal Energy Regulatory Commission (FERC) a decision by the North American Electric Reliability Corporation (NERC) to register Harquahala as a transmission owner and transmission operator (TO/TOP) for purposes of compliance with NERC’s mandatory reliability standards. In the case, FERC will decide whether to uphold NERC’s determination that high-voltage interconnection facilities should be treated as integrated transmission facilities for reliability compliance purposes. The decision may have significant consequences for generators that own interconnection facilities.
DC Circuit Reconfirms FERC’s Remedial Discretion
Howard Shapiro, Emily PitlickDecember 21, 2007
The U.S. Court of Appeals for the District of Columbia Circuit has strongly reconfirmed the enforcement and remedial discretion of the Federal Energy Regulatory Commission (“FERC”) in its decision, Consolidated Edison Co. of New York v. FERC. No. 06-1025, (D.C. Cir. Dec. 18, 2007). The court reemphasized that on judicial review it must defer to FERC’s reasonably explained decisions because “agency discretion is at its zenith” when the agency is fashioning remedies.
FERC Issues Staff Report on Enforcement
Pamela J. Anderson, John H. Burnes, Kay L. Henry, Paul KormanNovember 14, 2007
On November 14, the Federal Energy Regulatory Commission (FERC) released its Staff Report on Enforcement that provides background into the evolution of its enforcement program, and shows how FERC uses its enforcement tools to encourage companies to develop effective compliance programs and to deter and punish misconduct.
FERC Proposes Approval of Mandatory Cyber Security Standards
Gary Bachman, Sheri SpangJuly 27, 2007
The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking proposing to approve eight Critical Infrastructure Protection reliability standards and directing the North American Reliability Corporation to modify certain standards to address specific concerns raised by FERC.
FERC Issues Statement of Administrative Policy Regarding Procedures to Assess Civil Penalties
Jay Ryan, Gary BachmanJanuary 4, 2007
The Federal Energy Regulatory Commission issued a “Statement of Administrative Policy” to provide guidance on the process for assessing civil penalties for violations of statutes, orders, rules, or regulations administered by the Commission.
Seminars & Events
Electric Energy: Markets, Regulation and Investment
Capital Hilton Hotel, Washington, DCMarch 3, 2008
Van Ness Feldman's Douglas Smith and Kyle Danish will be two of the Program Co-Chairs. Mr. Smith will speak at 10:45 AM on March 3 during the session "Electricity Utility Regulation: Current Regulatory Challenges". Mr. Danish will speak at 3:15 PM on March 3 during the session entitled "Climate Change and Strategies for Electric Utilites and their Regulators".
Conference on Enforcement Policy
Federal Energy Regulatory Commission, Washington, DCNovember 16, 2007
This Federal Energy Regulatory Commission conference examines the implementation of FERC's enforcement authority as expanded by the Energy Policy Act of 2005.