Van Ness Feldman's Gary Bachman Quoted in Article on FERC FP&L Settlement

October 16, 2009

In a Megawatt Daily article on a Federal Energy Regulatory Commission order to approve a $25 million enforcement settlement with Florida Power & Light, Van Ness Feldman's Gary Bachman commented that he found the FERC order “troubling.” He called the regulatory compliance regime “opaque,” and said that NERC standards are subject to interpretation because they are vague.  “The NERC standards are not nearly as precise as one would like to support a penalty regime,” says Bachman.  He goes on to say, "Given FERC’s penalty authority is $1 million per violation per day, there must have been many violations or they stretched back days before the outage, which lasted around three hours."