FERC Announces Modifications to Penalty Guidelines

The Federal Energy Regulatory Commission announced today that it has modified its Penalty Guidelines.  The Penalty Guidelines apply to civil penalties that FERC assesses for violations of the Federal Power Act or FERC’s regulations or requirements. 

The modifications include, among other things:

• False or misleading statements are violations only if the acts were intentional or in reckless disregard for the truth. 
• Organizations that have effective, but not completely compliant, compliance programs may be given partial compliance credit. 
• Mitigation credits for self-reports, cooperation, avoidance of evidentiary hearings, and acceptance of responsibility have been unbundled.

Read the FERC’s press release here.  FERC Chairman Wellinghoff and Commissioner Spitzer weighed in on the changes.