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- Title
THE NEW FERC ENFORCEMENT: DUE PROCESS ISSUES IN THE POST-EPACT 2005 ENFORCEMENT CASES.
- Authors
Scherman, William; Shepherd, John; Fleischer, Jason
- Abstract
The Energy Policy Act of 2005 radically increased the potential penalties for alleged violations of the statutes administered by the Federal Energy Regulatory Commission and prompted a sea-change in the agency's enforcement techniques and procedures. This increased exposure to the regulated community was not, however, accompanied by a corresponding attention to due process concerns as FERC vigorously exercised its newly expanded authority. Indeed, many of these due process issues, including the most serious ones, were not readily identifiable until the Commission was compelled to litigate its allegations in trial-type hearings by enforcement targets who chose to fight, rather than submit to the agency's charges. This article summarizes the lessons learned from the first litigated FERC enforcement cases in the post-EPAct 2005 era-Energy Transfer Partners, Oasis Pipeline, Amaranth, and Hunter. It is intended to provide guidance to practitioners and regulated entities who may run afoul of the FERC enforcement process as well as to recommend appropriate policies the FERC should implement in future proceedings, some of which were formally adopted by the agency as this article went to press.
- Subjects
UNITED States; ENERGY policy; UNITED States. Federal Energy Regulatory Commission; ENFORCEMENT; TRIALS (Law); ENERGY industries
- Publication
Energy Law Journal, 2010, Vol 31, Issue 1, p55
- ISSN
0270-9163
- Publication type
Article