In the Update issued on March 23, 2010, we reported that the Federal Energy Regulatory Commission (FERC or Commission) had issued a policy statement and new civil Penalty Guidelines intended to add fairness, consistency and transparency to future civil penalty determinations.
On April 15, 2010, less than one month after issuing its policy statement and after holding three public workshops on the Penalty Guidelines, the Commission issued an order suspending the policy statement and application of the Penalty Guidelines .1 In the April 15 order, the Commission stated that it has determined that the public interest would be served by affording interested entities a broader opportunity to comment on the Penalty Guidelines before issuing a final order and putting them into effect.
Comments are due June 14, 2010. The Commission stated that it
intends to assess the submitted comments and determine whether to
amend the policy statement before adopting it and putting it into
effect.
Footnote
1 Enforcement of Statutes, Orders, Rules, and Regulations, 131 FERC ¶ 61,040 (2010).
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