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Do Not Pass Go: FERC Administrative Proceedings Remain First Stop for Market Manipulation Claims under the Natural Gas Act

Fraud and energy market manipulation have remained priorities of the Federal Energy Regulatory Commission’s Office of Enforcement (OE) over the past several years. The agency has ramped up its investigative efforts, reporting that fourteen out of the nineteen investigations opened last year involved market manipulation and the OE had never had as many litigation proceedings in … Continue reading

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Supreme Court Continues to Stake Out FERC Jurisdiction, Invalidates State Gas-Fired Power Plant Incentive Program

In an opinion unanimous in judgment (albeit with two concurring opinions), the U.S. Supreme Court recently reiterated the reach of the Federal Energy Regulatory Commission’s (FERC) jurisdiction over interstate wholesale electricity sales in Hughes v. Talen Energy Marketing, LLC, 578 U.S. ___ (2016). In the midst of rapid transformation in the energy industry, the expansion … Continue reading

The Investigative and Enforcement Priorities of the FERC Office of Enforcement

            The past year has been marked by several record-breaking penalties imposed on companies and individuals by the Federal Energy Regulatory Commission (“FERC”) for alleged misconduct in the energy markets.  On November 21, 2013, the FERC Office of Enforcement (“OE”) released its 2013 Report on Enforcement (Docket No. AD07-13-006) (the “Report”), which discusses the OE’s … Continue reading »