FERC Should Rescind Its Notice of Alleged Violations Policy

In December 2009, the Federal Energy Regulatory Commission (“FERC” or “Commission”) introduced a new policy providing for early public disclosure of its enforcement investigations-including the identities of investigation subjects-by authorizing the Director of the Office of Enforcement (“Enforcemen...

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Bibliographic Details
Published in:	The George Washington journal of energy & environmental law Vol. 8; no. 2; p. 87
Main Authors:	Applebaum, David A, Brecher, Todd L, Dennis, Jeffery S
Format:	Journal Article
Language:	English
Published:	Washington George Washington University, Law School 01-04-2017
Subjects:	Enforcement
Online Access:	Get full text
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Summary:	In December 2009, the Federal Energy Regulatory Commission (“FERC” or “Commission”) introduced a new policy providing for early public disclosure of its enforcement investigations-including the identities of investigation subjects-by authorizing the Director of the Office of Enforcement (“Enforcement”) to issue a Staff Notice of Alleged Violations (“NAV”). Under the NAV Policy, the NAV would issue once “the subject of the investigation has had the opportunity to respond to staff’s preliminary findings” but prior to both the staff finalizing its findings and conclusions and the Commission itself issuing an order addressing the matter. The NAV Policy was controversial, as it upset a long-established policy that Commission investigations-especially the identities of investigation subjects-were kept non-public unless and until the Commission either issued an order approving a settlement between Enforcement and the investigation subject or initiated an enforcement action by issuing an Order to Show Cause (“OSC”).
ISSN:	2159-7707 2169-1053