Category

FERC

06 November 2015

Energy Enforcement Update

Recent Developments:

  • FERC v. Barclays:  Judge Nunley denies motion for clarification and FERC files the administrative record in the Barclays proceeding.
  • FERC v. Powhatan:  FERC files opposition to Powhatan and Chen motions to dismiss.
  • FERC v. Berkshire Power:  FERC issues NAV against Berkshire Power Company LLC and Powerplant Management Services LLC.

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22 September 2015

Energy Enforcement Update

Yesterday, FERC issued a Notice of Alleged Violation naming Total and two traders.

Staff alleges that the scheme involved making largely uneconomic trades for physical natural gas during bid week designed to move indexed market prices in a way that benefited the company’s related positions. Staff also alleges that the West Desk implemented the bid week scheme on at least 38 occasions during the period of interest.  Staff further alleges that Therese Nguyen and Aaron Hall each implemented the scheme and supervised and directed other traders in implementing the scheme.

FERC Notice of Alleged Violations

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14 August 2015

Energy Enforcement Update

Yesterday, Presiding Administrative Law Judge (ALJ) Carmen A. Cintron issued the Initial Decision in FERC’s enforcement case against BP.  The decision finds that BP violated the Natural Gas Act and FERC’s anti-manipulation rule with regard to BP’s trading of next-day, fixed-price natural gas at the Houston Ship Channel (HSC) from September 18, 2008 through November 30, 2008.

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03 August 2015

Energy Enforcement Update

On Friday, July 31, FERC sued Powhatan, et al in the U.S. District Court for the Eastern District of Virginia – Richmond Division.  The EDVA is one of the fastest courts in the federal system, typically averaging under 12 months from complaint to resolution (often by trial).  This is the court and division in which U.S. prosecutors brought the corruption cases against former Virginia Gov. Bob McDonnell and his wife.

FERC Complaint Against Powhatan

 

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