04 November 2016

FERC and ETRACOM File Joint Status Report in District Court Case

On October 24, FERC and ETRACOM filed a joint status report in the U.S. District Court for the Eastern District of California.  FERC argues that the court need not address discovery at this time because the proper and best mechanism for resolving this case is a motion to affirm designed to allow the court to review the administrative record supporting the FERC’s Order Assessing Penalties.  According to FERC, this approach is similar to the procedures adopted by Judge Nunley in the Barclays case before the same court.  On the other hand, ETRACOM argues that the “de novo” review proceeding is governed by the Federal Rules of Civil Procedure, so it is entitled to discovery and a trial as judges have ruled in FERC’s enforcement cases against Maxim Power and City Power.  ETRACOM attached as an exhibit its first request to FERC for production of documents, which it served to FERC on October 7.