UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

 

 

 

 

2013 REPORT ON ENFORCEMENT 

Docket No. AD07-13-006 

Prepared by the Staff of the 

Office of Enforcement 

Federal Energy Regulatory Commission 

Washington, D.C. 

 

NOVEMBER 21, 2013 
The matters presented in this staff report do not necessarily represent the views 

 of the Federal Energy Regulatory Commission, its Chairman, or individual 

Commissioners, and are not binding on the Commission. 
2013 Staff Report on Enforcement i 

TABLE OF CONTENTS 

Introduction ......................................................................................................................................1

Office of Enforcement Priorities ......................................................................................................2

Division of Investigations ................................................................................................................4

A. Overview ....................................................................................................................................4

B. Significant Matters .....................................................................................................................5

1. JP Morgan Ventures Energy Corporation (JPMVEC) ....................................................................... 5

2. Barclays Bank, PLC, Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (Barclays and 

Traders) .................................................................................................................................................. 5

3. ISO-NE Day-Ahead Load Response Program (DALRP) ................................................................... 6

4. BP America, Inc. and Affiliates (BP) ................................................................................................. 6

5. Deutsche Bank Energy Trading, LLC (Deutsche Bank) .................................................................... 6

6. Constellation Energy Commodities Group (CCG) Post-Settlement Proceeding................................ 7

7. Brian Hunter ....................................................................................................................................... 7

8. Quntum Energy, LLC ......................................................................................................................... 8

C. Settlements .................................................................................................................................8

D. Self Reports ..............................................................................................................................14

 Illustrative Self Reports Closed with No Action .....................................................................17

E. Investigations ..........................................................................................................................22

1. Statistics on Investigations ............................................................................................................... 22

2. Illustrative Investigations Closed with No Action ........................................................................... 26

F. Reliability (NOPs and FFTs) ...................................................................................................26

G. Enforcement Hotline ................................................................................................................28

H. Other Matters ...........................................................................................................................28

Division of Audits and Accounting ...............................................................................................29

A. Overview ..................................................................................................................................29

B. Compliance Reviews and Trends .............................................................................................30

 Compliance Trends ..................................................................................................................30

C. Significant Audit Matters .........................................................................................................32

1. ITC Holdings Corporation (ITC Holdings) ...................................................................................... 32

2. Southern Company ........................................................................................................................... 33

3. Pacific Gas and Electric (PG&E) ..................................................................................................... 33

4. Southern California Edison (SCE) ................................................................................................... 33

5. TransColorado Gas Transmission Company, LLC (TransColorado) ............................................... 34

6. Transcontinental Gas Pipeline Company, LLC (Transco) ............................................................... 34

7. Rockies Express Pipeline, LLC (Rockies) ....................................................................................... 34

8. Iroquois Gas Transmission System, LP (Iroquois) ........................................................................... 35

D. Reliability Audits .....................................................................................................................35

 ERO and RE Audits .................................................................................................................35

1. North American Electric Reliability Corporation (NERC) .............................................................. 35

2. Northeast Power Coordinating Council, Inc. (NPCC) ..................................................................... 35

3. Western Electricity Coordinating Council (WECC) ........................................................................ 36

4. SERC Reliability Corporation (SERC) ............................................................................................ 36

5. Midwest Reliability Organization (MRO) ........................................................................................ 36

6. ReliabilityFirst Corporation .............................................................................................................. 36

 Registered Entity Audits ..........................................................................................................36

1. PJM Interconnection L.L.C. (PJM) .................................................................................................. 37

2. Bonneville Power Administration (BPA) ......................................................................................... 37
2013 Staff Report on Enforcement ii 

3. Salt River Project Agricultural Improvement and Power District (SRP) ......................................... 37

 Reliability Audit Statistics .......................................................................................................37

E. Other Audit Matters .................................................................................................................39

1. Formula Rates ................................................................................................................................... 39

2. Market-Based Rate Authority and Electric Quarterly Reports............................................ 39

3. Affiliate Transactions and Public Utility Holding Company Act .................................................... 39

4. Accounting and Reporting ................................................................................................................ 40

 5. Capacity Markets and Demand Response ........................................................................................ 40

 6. No Audit Findings ............................................................................................................................ 40

F. Significant Accounting Matters ...............................................................................................41

1. Requests for Approval of the Chief Accountant .............................................................................. 41

2. Certificate Proceedings ..................................................................................................................... 42

3. Merger and Acquisition Proceedings ............................................................................................... 42

4. Debt and Security Issuance Proceedings .......................................................................................... 42

5. Rate Proceedings .............................................................................................................................. 43

6. Accounting Inquiries ........................................................................................................................ 43

7. International Financial Reporting Standards .................................................................................... 44

8. Energy Storage Assets ...................................................................................................................... 44

 Accounting Filing Statistics ....................................................................................................45

Division of Energy Market Oversight ...........................................................................................46

A. Overview ..................................................................................................................................46

B. Market Monitoring ...................................................................................................................46

1. 2012 State of the Markets Report ..................................................................................................... 46

2. Seasonal Market Assessments .......................................................................................................... 47

C. Outreach and Communication .................................................................................................47

1. Website ............................................................................................................................................. 47

2. Snapshot Calls .................................................................................................................................. 48

3. Domestic and Foreign Delegation Briefings .................................................................................... 48

D. Forms Administration and Filing Compliance ........................................................................48

1. Electric Quarterly Reports ................................................................................................................ 48

2. Forms Technical Compliance Reviews ............................................................................................ 49

E. Agenda Items and Rulemakings ..............................................................................................49

1. Revisions to Electric Quarterly Report Filing Process ..................................................................... 50

2. Gas-Electric Coordination ................................................................................................................ 50

Division of Analytics and Surveillance .........................................................................................51

A. Overview ..................................................................................................................................51

B. Natural Gas Surveillance .........................................................................................................52

C. Electric Surveillance ................................................................................................................52

D. Analytics ..................................................................................................................................53

Conclusion .....................................................................................................................................54

Appendix A: Office of Enforcement Organization Chart .............................................................55

Appendix B: FY2013 Civil Penalty Enforcement Actions ...........................................................56

Appendix C: FY2013 Notices of Alleged Violations ...................................................................62
2013 Staff Report on Enforcement 1 

INTRODUCTION 

The staff of the Office of Enforcement (Enforcement) of the Federal Energy Regulatory 

Commission (Commission) is issuing this report as directed by the Commission in its Revised 

Policy Statement on Enforcement.1 This report informs the public and the regulated community 

of Enforcement’s activities during Fiscal Year 2013 (FY2013),2 including an overview of, and 

statistics reflecting, the activities of the four divisions within Enforcement: Division of 

Investigations (DOI), Division of Audits and Accounting (DAA), Division of Energy Market 

Oversight (Market Oversight), and Division of Analytics and Surveillance (DAS). 

Enforcement recognizes the importance of informing the public of the activities of 

Enforcement staff and prepares this report with that objective in mind. Because much of the 

investigative work of Enforcement is non-public, most of the information the public receives 

about investigations comes from public Commission orders approving settlements, orders to 

show cause, publicly released staff reports, and notices of alleged violations. However, not all of 

Enforcement’s activities result in public actions by the Commission. As in previous years, the 

FY2013 report provides the public with more information regarding the nature of non-public 

Enforcement activities, such as self reported violations and investigations that are closed without 

any public enforcement action. This report also highlights Enforcement’s work auditing 

jurisdictional companies, compiling and monitoring data from forms and reports submitted to the 

Commission by market participants, and performing surveillance and analysis of conduct in 

wholesale natural gas and electric markets. 

 

1

Enforcement of Statutes, Regulations and Orders, 123 FERC ¶ 61,156, at P 12 (2008) (Revised Policy Statement). 

A current Enforcement organizational chart is attached as Appendix A to this report. 

2

 The Commission’s fiscal year begins October 1 and ends September 30 of the following year. FY2013, the subject 

of this report, began on October 1, 2012 and ended on September 30, 2013. 
2013 Staff Report on Enforcement 2 

OFFICE OF ENFORCEMENT PRIORITIES 

The Commission’s Strategic Plan announced its mission of assisting consumers in obtaining 

reliable, efficient, and sustainable energy services at a reasonable cost through appropriate 

regulatory and market means.3 The Strategic Plan identifies two primary goals in order to fulfill 

this mission: (1) ensuring that rates, terms, and conditions of jurisdictional services are just, 

reasonable, and not unduly discriminatory or preferential; and (2) promoting the development of 

a safe, reliable, and efficient energy infrastructure that serves the public interest. To further 

those goals, Enforcement’s four divisions gather information about market behavior, market 

participants, and market rules to assist the Commission in its obligation to oversee regulated 

markets. The divisions will continue to work to bring entities into compliance with applicable 

statutes, Commission rules, orders, regulations, and tariff provisions. 

Enforcement has selected priorities for its four divisions. In FY2013, Enforcement continued 

to focus on matters involving: 

• Fraud and market manipulation; 

• Serious violations of the Reliability Standards; 

• Anticompetitive conduct; and 

• Conduct that threatens the transparency of regulated markets. 

Enforcement does not intend to change these priorities in FY2014. Conduct involving fraud 

and market manipulation poses a significant threat to the markets overseen by the Commission. 

Such intentional misconduct undermines the Commission’s goal of providing efficient energy 

services at a reasonable cost because the losses imposed by fraud and manipulation are 

ultimately passed on to consumers. Similarly, anticompetitive conduct and conduct that 

threatens market transparency undermine confidence in the energy markets and harm consumers 

and competitors. Such conduct might also involve the violation of rules designed to limit market 

power or to ensure the efficient operation of regulated markets. Enforcement focuses its efforts 

on preventing and remedying misconduct involving the greatest harm to the public, where there 

may be significant gain to the violator or loss to the victims of the misconduct. 

The Reliability Standards established by the Electric Reliability Organization and approved 

by the Commission protect the public interest by requiring a reliable and secure bulk power 

system. This office enforces these standards and focuses primarily on violations resulting in 

actual harm, through the loss of load or other means. Enforcement also focuses on cases 

involving repeat violations of the Reliability Standards or violations that present a substantial 

risk to the bulk power system. In addition, the office enforces safety and environmental 

standards established by the Commission in order to promote the development of a safe, reliable, 

and efficient energy infrastructure with an emphasis on cases involving actual harm or a high 

risk of harm. 

Enforcement continued its commitment to these priorities in FY2013. DOI staff opened 24 

new investigations while bringing 29 to closure with no action, a settlement, or a formal 

enforcement proceeding. Enforcement’s settlements in FY2013 included the largest civil penalty 

 

3 The Federal Energy Regulatory Commission, The Strategic Plan (Oct. 2009 (updated Feb. 2012)), available at

http://www.ferc.gov/about/strat-docs/FY-09-14-strat-plan-print.pdf. 
2013 Staff Report on Enforcement 3 

the Commission has assessed to date. During FY2013, staff obtained a total of over $304 million 

in civil penalties and disgorgement of almost $141 million in unjust profits. 

Staff from DAA reviewed the conduct of regulated entities through 29 financial, compliance, 

and performance audits of public utilities, natural gas pipelines, and gas storage companies. 

DAA’s audits resulted in 360 recommendations for corrective action and directed refunds 

totaling more than $15.4 million. 

Market Oversight continued its analysis of market fundamentals, including significant trends 

and developments, market structure and operations to identify market anomalies, inadequate or 

flawed market rules, and potentially improper behavior by market participants. As in prior years, 

Market Oversight presented its annual State of the Markets report, assessing significant events of 

the previous year. In addition, Market Oversight continued ensuring compliance with the 

Commission’s filing requirements for Electric Quarterly Reports (EQR) and various Commission 

financial forms. 

Finally, in FY2013, DAS reviewed numerous instances of potential misconduct and referred 

matters to DOI for investigation. The Commission also issued a final rule and a Notice of 

Inquiry in FY2013 that greatly enhance DAS’s ability to conduct surveillance of the natural gas 

and electric markets and to analyze individual market participant behavior. 

 
2013 Staff Report on Enforcement 4 

DIVISION OF INVESTIGATIONS 

A. Overview 

The Division of Investigations (DOI) conducts public and non-public investigations of 

possible violations of the statutes, regulations, rules, orders, and tariffs administered by the 

Commission. Investigations may begin from self reports, tips, calls to the Enforcement Hotline, 

referrals from organized markets or their monitoring units, other agencies, other divisions in 

Enforcement, other offices within the Commission, or as a result of other investigations. During 

most investigations, DOI staff coordinates with other divisions in Enforcement and subject 

matter experts in other Commission offices. Where staff finds violations of sufficient 

seriousness, staff reports its findings to the Commission and attempts to settle the investigation 

for appropriate sanctions and future compliance improvements before recommending that the 

Commission initiate a public show cause proceeding.4

 

The Commission continues to increase the transparency of Enforcement activities and 

promote consistency in Enforcement actions. In FY2013, the Director of Enforcement directed 

the Secretary to issue 12 notices of alleged violations. The notices involved alleged violations of 

the Commission’s prohibition of market manipulation, tariffs, regulations, and Reliability 

Standards. The notices identified the subject of the investigation and the alleged violations with 

a concise description of the alleged wrongful conduct.5 

 

In FY2013, DOI continued to focus on the enforcement of the Reliability Standards. 

Through Enforcement’s investigations, with the assistance of technical expertise from the Office 

of Electric Reliability (OER) and in conjunction with the investigative efforts of the North 

American Electric Reliability Corporation (NERC), the Commission addressed and resolved 

findings of numerous Reliability Standards violations.6 

Notably, during this fiscal year the Commission approved its largest settlement to date, 

resolving an investigation into significant violations of the Commission’s anti-manipulation rule 

and its rule barring the provision of inaccurate and misleading information to Regional 

Transmission Organizations and Independent System Operators (RTOs/ISOs). The settlement 

included, among other remedies, $410 million in combined civil penalties and disgorgement of 

unjust profits. In addition, based on Enforcement’s investigation and report of its findings to the 

Commission, the Commission ordered Barclays Bank PLC to disgorge $34.9 million in unjust 

profits and to pay, with certain of its traders, more than $450 million in civil penalties. 

The work of DOI in FY2013 included obtaining multiple settlements resolving investigations 

concerning manipulative conduct, submission of inaccurate and misleading information, 

violations of the Standards of Conduct for Transmission Providers, violations of the Reliability 

 

4

 For a discussion of the processes by which Enforcement staff conducts and concludes investigations, see Revised 

Policy Statement, supra note 1. 

5 See Appendix C to this report for a complete listing of the notices of alleged violations that Enforcement issued in 

FY2013. 

6 In prior years, Enforcement has played a central role in facilitating Commission review of Notices of Penalty filed 

by NERC, which reflect the activity by the eight Regional Entities enforcing the Reliability Standards. In March 

2013, OER took full leadership of the Commission’s internal process of review, and Enforcement remains involved 

in reviewing Notices of Penalty only on an as-needed basis. 
2013 Staff Report on Enforcement 5 

Standards, violations of Open Access Transmission Tariff (OATT) provisions, violations of rules 

and regulations related to Market-Based Rate authority, violations of hydropower license 

provisions, and violations of the Commission’s natural gas open access policies. In addition to 

investigation-related work, DOI continued its rigorous analysis of self reports, Enforcement 

Hotline calls, referrals, and other matters within the Commission. DOI staff continues to provide 

guidance and assistance as requested by other program offices on advisory matters. 

B. Significant Matters 

1. JP Morgan Ventures Energy Corporation (JPMVEC) 

On July 30, 2013, the Commission approved a settlement between Enforcement and 

JPMVEC resolving an investigation of JPMVEC’s bidding practices.7 The investigation arose 

from referrals by the Market Monitoring Units of the California Independent System Operator 

Corporation (CAISO) and the Midcontinent (formerly Midwest) Independent System Operator, 

Inc. (MISO). 

Enforcement’s investigation focused on JPMVEC’s bidding strategies during the course of 

almost two years. Enforcement determined that JPMVEC violated the Commission’s antimanipulation rule, 18 C.F.R. § 1c.2, by engaging in twelve manipulative bidding schemes in 

CAISO and MISO. These schemes distorted a well-functioning market in several ways, 

including but not limited to, misleading CAISO and MISO into paying JPMVEC at rates far 

above market prices; submitting bids that were expected to, and did, lose money at market rates, 

as they were not driven by the market forces of supply and demand; defrauding the ISOs by 

obtaining payments for benefits that JPMVEC did not deliver; and displacing other generation 

and influencing energy and congestion prices. 

JPMVEC admitted the facts set forth in the agreement, but neither admitted nor denied the 

violations. Pursuant to the agreement, JPMVEC paid $285 million in civil penalties, $124 

million in disgorgement to CAISO ratepayers, and $1 million in disgorgement to MISO. In 

addition, the company agreed to waive its claims that CAISO owed it money from two of the 

strategies that staff had investigated, and to conduct a comprehensive external assessment of its 

policies and practices in the power business. 

2. Barclays Bank, PLC, Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith 

(Barclays and Traders) 

On October 31, 2012, the Commission issued an order to show cause and notice of proposed 

penalty to Barclays and Traders. The Commission’s order alleged that Barclays and Traders 

engaged in loss-generating trading of next-day, fixed-price physical electricity on the 

Intercontinental Exchange with the intent to benefit financial swap positions at primary 

electricity trading points in the western United States. On July 16, 2013, the Commission 

determined that this conduct by Barclays and Traders violated the Commission’s antimanipulation rule, 18 C.F.R. § 1c.2, and assessed civil penalties of $435 million against Barclays 

and $18 million against the Traders.8

 The Commission also ordered Barclays to disgorge $34.9 

million plus interest in unjust profits. Barclays and Traders elected to challenge the penalty in 

 

7 In Re Make-Whole Payments and Related Bidding Strategies, 144 FERC ¶ 61,068 (2013) (order approving 

stipulation and consent agreement). 

8 Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith, 144 FERC ¶ 61,041 (2013) 

(order assessing civil penalties). 
2013 Staff Report on Enforcement 6 

federal district court, and Enforcement filed an action to affirm the Commission’s assessment in 

the United States District Court for the Eastern District of California on October 9, 2013. 

3. ISO-NE Day-Ahead Load Response Program (DALRP) 

Based on an Enforcement investigation of Rumford Paper Company (Rumford), Lincoln 

Paper and Tissue LLC (Lincoln), Competitive Energy Services, LLC (CES), and Richard 

Silkman (the CES managing partner), the Commission in July 2012 issued each subject an order 

to show cause alleging that their conduct related to the DALRP in the ISO New England market 

(ISO-NE) violated the Commission’s anti-manipulation rule, 18 C.F.R. § 1c.2. As discussed 

below, Enforcement and Rumford settled the allegations against the company, which the 

Commission approved in March 2013.9

 On August 29, 2013, the Commission issued Orders 

Assessing Civil Penalties to Lincoln, CES, and Silkman,10 finding that the subjects fraudulently 

inflated load baselines and repeatedly offered load reductions at the minimum offer price in order 

to maintain the inflated baseline. Enforcement found that the scheme involved uneconomic 

energy purchases that served no legitimate purpose and were designed to increase DALRP 

payments that would not have otherwise been obtained. The Commission determined that this 

scheme misled ISO-NE, inducing payments to these entities based on the inflated baselines for 

load reductions that never occurred. 

Should the subjects not pay the amounts due, Enforcement will file a petition in federal 

district court on behalf of the Commission seeking affirmation of the penalty. 

4. BP America, Inc. and Affiliates (BP) 

On August 5, 2013, the Commission issued an order to show cause to multiple BP entities 

alleging violations of the Commission’s anti-manipulation rule, 18 C.F.R. § 1c.1. In the order, 

the Commission questions certain trading by BP of next-day, fixed-price natural gas at the 

Houston Ship Channel that Enforcement found to be uneconomic and part of a manipulative 

scheme to increase the value of BP’s financial position based on Houston Ship Channel natural 

gas prices. The order proposes that BP pay a civil penalty of $28 million and disgorge $800,000 

in unjust profits. 

BP filed its answer on October 4, 2013, denying that it committed any violation. BP has 

asked the Commission to dismiss the proceeding, or in the alternative set it for a full evidentiary 

hearing before an Administrative Law Judge to address the contested issues of material fact. 

5. Deutsche Bank Energy Trading, LLC (Deutsche Bank) 

On January 22, 2013, the Commission approved a settlement between Enforcement and 

Deutsche Bank resolving an order to show cause proceeding arising from an Enforcement 

investigation.11 Enforcement investigated Deutsche Bank’s trading in the CAISO markets at the 

Silver Peak intertie for the period January 29, 2010 through March 24, 2010 upon referral by the 

Market Monitoring Unit of CAISO. 

 

9 Rumford Paper Co., 142 FERC ¶ 61,218 (2013) (order approving stipulation and consent agreement). 

10 Lincoln Paper and Tissue, LLC, 144 FERC ¶ 61,162 (2013) (order assessing civil penalty); Competitive Energy 

Services, LLC, 144 FERC ¶ 61,163 (2013) (order assessing civil penalty); Richard Silkman, 144 FERC ¶ 61,164 

(2013) (order assessing civil penalty). 

11 Deutsche Bank Energy Trading, LLC, 142 FERC ¶ 61,056 (2013) (order approving stipulation and consent 

agreement). 
2013 Staff Report on Enforcement 7 

In the agreement, Deutsche Bank stipulated that it held financial Congestion Revenue Rights 

(CRRs) at Silver Peak and that, after a derate at Silver Peak caused that position to lose value, 

Deutsche Bank initiated a physical export strategy that raised prices at the intertie and caused its 

CRR position to gain value. To facilitate this strategy, Deutsche Bank designated most of its 

physical exports as wheeling-through transactions even though it did not have a resource or a 

load outside CAISO and therefore was not in fact wheeling power. 

Enforcement concluded that Deutsche Bank violated the Commission’s anti-manipulation 

rule, 18 C.F.R. § 1c.2, through cross-product manipulation in which it traded physical exports at 

Silver Peak that were not profitable with the intent to benefit its CRR position. Enforcement also 

determined that Deutsche Bank’s false designation of its physical trades as wheeling-through 

transactions violated the Commission’s regulation requiring accurate communications to 

RTOs/ISOs, 18 C.F.R. § 35.41(b). Based on these conclusions, the Commission ordered 

Deutsche Bank to show cause why it should not be subject to a penalty assessment. After 

submitting its brief in response to the Commission’s order to show cause, Deutsche Bank agreed 

to settle the allegations with Enforcement for $1.5 million in civil penalties and $172,645 in 

disgorgement. In the settlement, Deutsche Bank did not admit or deny the allegations, and 

agreed to submit to compliance monitoring for at least one year. 

6. Constellation Energy Commodities Group (CCG) Post-Settlement Proceeding 

In FY2013, Enforcement staff participated in a proceeding before a Commission 

Administrative Law Judge to determine appropriate distribution of disgorged funds arising from 

a settlement between Enforcement and CCG that was approved by the Commission in FY2012.12 

Pursuant to the settlement, based on Enforcement’s findings of violations of the Commission’s 

anti-manipulation rule and requirement of accurate communications to the Commission, CCG 

paid $110 million in disgorgement and $135 million in civil penalties. Of the disgorgement, 

$104 million was deposited into a fund for electric energy consumers in the affected states of the 

New York Independent System Operator (NYISO), ISO-NE, and PJM Interconnection (PJM) 

markets. The remaining $6 million was divided equally among the six RTOs/ISOs – NYISO, 

ISO-NE, PJM, MISO, Southwest Power Pool (SPP), and CAISO – for the purpose of enhancing 

their respective surveillance and analytic capabilities. 

Deputy Chief Administrative Law Judge Bobbie McCartney, assigned to preside over the 

disbursement of these monies, directed the eligible state agencies within the NYISO, ISO-NE, 

and PJM footprints to file proposed allocation and distribution methodologies for their 

footprint’s portion of the disgorgement fund. After these plans were approved by the Judge, 

disbursement of the funds to each state began in November 2012 and the final disbursement was 

made in June 2013. On May 22, 2013, Judge McCartney issued a final report to the Commission 

describing the final disposition of the disgorgement fund.13 Regarding the $6 million distribution 

to the RTOs/ISOs, each of them has consulted with Enforcement and selected projects that will 

make use of the funds. 

7. Brian Hunter 

On March 15, 2013, the United States Court of Appeals for the District of Columbia Circuit 

issued its decision on the appeal of Brian Hunter, who sought to overturn the Commission’s 2011 

 

12 Constellation Energy Commodities Group, Inc., 138 FERC ¶ 61,168 (2012) (order approving stipulation and 

consent agreement). 

13 Constellation Energy Commodities Group, Inc., 143 FERC ¶ 63,008 (2013) (final report). 
2013 Staff Report on Enforcement 8 

order assessing the former Amaranth Advisors L.L.C. trader a civil penalty of $30 million.14 

After the Commission denied rehearing in November 2011 of its order finding that Hunter 

violated the Commission’s anti-manipulation rule, 18 C.F.R. § 1c.1, Hunter appealed the order 

and penalty to the D.C. Circuit. The Court granted the petition for review, overturning the 

Commission’s 2011 orders regarding Hunter, on the ground that the conduct at issue fell within 

the exclusive jurisdiction of the Commodity Futures Trading Commission.15

8. Quntum Energy, LLC 

On July 23, 2013, the United States Court of Appeals for the District of Columbia Circuit 

affirmed the Commission’s 2011 order finding that Moussa I. Kourouma violated 18 C.F.R. 

§ 35.41(b) and assessing a civil penalty of $50,000. The Commission’s order followed a nonpublic investigation of Kourouma’s submission of misleading information to the Commission 

and an RTO/ISO concerning ownership of his company, Quntum Energy, LLC. The D.C. 

Circuit rejected all challenges to the Commission’s order and penalty assessment that Kourouma 

raised on appeal, and upheld the Commission’s position that intent is not required for a violation 

of 18 C.F.R. § 35.41(b). The Court also determined that the Commission acted reasonably by 

considering Kourouma’s financial condition when assessing the penalty and offering a five-year 

payment schedule for the penalty. 

C. Settlements 

In FY2013, the Commission approved settlement agreements between Enforcement and 17 

separate subjects to resolve pending investigations. The Commission also approved an 

additional two settlements with Deutsche Bank Energy Trading, LLC and Rumford Paper 

Company to resolve pending proceedings on orders to show cause. The settlements assessed a 

total of over $304 million in civil penalties and disgorgement of almost $141 million plus 

interest.16

 

Since 2010, when the Revised Penalty Guidelines17 were issued, almost every Commissionapproved settlement guided by the Penalty Guidelines has fallen within the Penalty Guidelines’ 

established range. An organization’s civil penalty can vary significantly depending on the 

amount of market harm caused by the violation, the amount of unjust profits, an organization’s 

efforts to remedy the violation, and other culpability factors, such as senior-level involvement, 

prior history of violations, compliance programs, self reporting of the violation, and cooperation 

with Enforcement’s investigation. For example, under the Penalty Guidelines, an organization’s 

culpability score can be reduced via favorable culpability factors to zero, lowering the base 

penalty by up to 95 percent.18 Because a number of factors can influence the civil penalty in each 

case, the amount of disgorgement of unjust profits (if any) often does not have a direct 

relationship to the amount of the civil penalty. 

In FY2013, the Commission approved settlement agreements that resolved Open Access 

Transmission Tariff violations by three entities, violations of the Reliability Standards by three 

 

14 Brian Hunter, 130 FERC ¶ 63,004 (2010) (Initial Decision), reh’g denied, 137 FERC ¶ 61,146 (2011). 

15 Hunter v. FERC, 711 F.3d 155 (D.C. Cir. 2013). 

16 A table of FY2013 Civil Penalty Enforcement Actions, both those resolved through settlement and those resolved 

through agency proceedings, is attached to this report as Appendix B. 

17 Revised Policy Statement on Penalty Guidelines, 132 FERC ¶ 61,216 (2010) (Revised Penalty Guidelines). 

18 Revised Penalty Guidelines, 132 FERC ¶ 61,216 at P109. 
2013 Staff Report on Enforcement 9 

Types of Violations Settled, FY2013

Natural Gas Transportation

OATT/Tariff

Reliability Standards

Market Manipulation

and/or False and

Misleading Statements

Market Based Rate

Violation

Hydro Licensing

Types of Violations Settled, FY2012

Natural Gas

Transportation

OATT/Tariff

Reliability Standards

Market Manipulation

and/or False and

Misleading Statements

entities, violations of natural gas open access transportation rules by four entities, violations of 

regulations related to Market-Based Rate (MBR) authority by two entities, violations of 

hydropower license provisions by one entity, and violations of the Commission’s regulations 

prohibiting manipulation in natural gas and electric markets by six entities. 

 
2013 Staff Report on Enforcement 10 

A number of FY2013 settlement agreements are summarized below: 

Gila River Power, LLC (Gila River). On November 19, 2012, the Commission approved a 

settlement in which Gila River admitted that it violated the Commission’s anti-manipulation rule, 

18 C.F.R. § 1c.2, by improperly using wheeling-through transactions to engage in cross-product 

manipulation.19 Enforcement found that Gila River traded energy exports (purchases) with the 

 

19 Gila River Power, LLC, 141 FERC ¶ 61,136 (2012) (order approving stipulation and consent agreement). 

Types of Violations Settled, FY2011

Natural Gas Transportation

OATT/Tariff

Reliability Standards

Market Manipulation

and/or False Statements

Market Based Rate

Violation

Violation of Commission

Order

Types of Violations Settled, FY2010

Natural Gas

Transportation

OATT/Tariff

Reliability Standards
2013 Staff Report on Enforcement 11 

intent to benefit its imports sourced from the Gila River plant and imported (sold) at the same 

point. Gila River also admitted that its false designation of its physical trades as 

wheeling-through transactions violated the Commission’s truth and accuracy regulation, 18 

C.F.R. § 35.41(b). Gila River agreed to pay $2.5 million in civil penalties, to disgorge $911,553 

in unjust profits, and to be subject to compliance monitoring. 

California Independent System Operator Corporation (CAISO). On December 14, 2012, the 

Commission approved a settlement resolving Enforcement’s investigation related to CAISO’s 

load shedding in the San Diego area on March 31 and April 1, 2010.20 In the agreement, CAISO 

admitted violating four requirements of the Reliability Standards plus one local requirement that 

25% of load in the San Diego Gas & Electric (SDG&E) footprint be served by generation 

internal to the area. CAISO admitted that it violated two Reliability Standards related to 

training, PER-002-0, Requirements R1 and R3.1; and also two related to operational planning, 

TOP-002-2a, Requirements R1 and R6. CAISO agreed to pay $200,000 in civil penalties, to 

incorporate the 25% requirement into its market software, to increase planning for and training 

about the 25% requirement, and to submit to compliance monitoring. 

EnerNOC, Inc. and Celerity Energy Partners LLC (EnerNOC and Celerity). On December 17, 

2012, the Commission approved a settlement in which EnerNOC, and its wholly-owned 

subsidiary, Celerity, agreed to pay civil penalties and disgorge unjust profits to resolve violations 

of the ISO-NE tariff, Commission regulations, and its Market-Based Rate tariff.21 Enforcement 

found that EnerNOC failed to exercise adequate due diligence and resolve significant data 

quality issues for five assets it registered as demand response, thereby inducing overpayments 

from the ISO and violating the due diligence requirement in the ISO’s tariff. Enforcement 

concluded that Celerity violated 18 C.F.R. §§ 35.7, 35.7(a)(1), and its Market-Based Rate tariff, 

when it failed to file its updated market power analysis, its Category I seller classification 

request, and its baseline tariff. EnerNOC and Celerity neither admitted nor denied the violations, 

but paid a civil penalty of $820,000, and $656,806 in disgorgement of unjust profits. They also 

agreed to develop a comprehensive compliance program and to submit to compliance 

monitoring. 

Westar Energy, Inc. (Westar). On January 25, 2013, the Commission approved a settlement 

between Enforcement and Westar concerning an investigation of whether Westar violated § 28.6 

of the SPP OATT by using secondary network integrated transmission service for the purchase 

of electricity to facilitate off-system sales.22 Section 28.6 prohibits the use of secondary network 

transmission service for purposes other than to serve network load. Westar neither admitted nor 

denied violating the SPP OATT, but agreed to pay a $420,000 civil penalty, to disgorge 

$758,816 to its non-affiliated firm transmission customers, to disgorge $395,020 to SPP, and to 

submit compliance monitoring reports. 

In re PJM Up-To Congestion Transactions. On February 1, 2013, the Commission approved a 

settlement resolving Enforcement’s investigations in which Enforcement concluded that the 

trading of Up-To Congestion transactions in the PJM Interconnection by Oceanside Power, LLC 

 

20 In re Cal. Indep. Sys. Operator Corp., 141 FERC ¶ 61,209 (2012) (order approving stipulation and consent 

agreement). 

21 EnerNOC Inc. and Celerity Energy Partners San Diego LLC, 141 FERC ¶ 61,211 (2012) (order approving 

stipulation and consent agreement). 

22 In re Westar Energy, Inc., 142 FERC ¶ 61,066 (2013) (order approving stipulation and consent agreement). 
2013 Staff Report on Enforcement 12 

(Oceanside) and its principal trader, Robert Scavo, violated the Commission’s anti-manipulation 

rule, 18 C.F.R. § 1c.2.23 Scavo scheduled Up-To Congestion transactions that were intended to 

eliminate profits and losses from price differentials in the market; he could thereby schedule 

large amounts of these transactions and their associated transmission reservations, which made 

them eligible to receive a pro-rata distribution of the surplus line loss charges that PJM collects 

through the marginal calculation of line losses (the MLSA). Enforcement found that these trades 

were not legitimate market transactions arbitraging price differentials in the market and resulting 

in net losses before receipt of the MLSA. Instead, the trades served as a means to artificially 

inflate Oceanside’s share of the MLSA and thereby pay Oceanside based on trading volume. 

Oceanside and Scavo neither admitted nor denied the violations. Oceanside agreed to pay 

$29,563 in disgorgement and $51,000 in civil penalties. In addition, Oceanside agreed to require 

all of its personnel to attend compliance training and Scavo agreed not to trade in Commissionregulated electric markets, or in products or instruments that are based on the price of electricity, 

for one year. 

Rumford Paper Company (Rumford). On March 22, 2013, the Commission approved a 

settlement resolving Enforcement’s findings that Rumford had engaged in fraud in ISO-NE’s 

DALRP.24 Enforcement found that Rumford inflated its load baseline and then repeatedly 

offered load reductions at the minimum offer price in order to maintain the inflated baseline; 

through this scheme, Rumford misled ISO-NE to pay it, based on its inflated baseline, for load 

reductions that never occurred. The order to show cause alleged that this conduct violated the 

Commission’s anti-manipulation rule, 18 C.F.R. § 1c.2. To resolve the pending proceeding, 

Rumford neither admitted nor denied committing the violation, but agreed to pay a civil penalty 

of $10 million, to disgorge $2,836,419.08, and to implement new compliance measures. 

Entergy Services, Inc. (Entergy). On March 28, 2013, the Commission approved a settlement 

between Enforcement and Entergy involving numerous violations of Reliability Standards.25 

Enforcement’s DAA discovered reliability concerns during an audit and referred them to DOI for 

further examination. Enforcement determined that Entergy violated 27 Requirements of 15 

Reliability Standards related to (1) protection system maintenance; (2) facility ratings; (3) system 

modeling; (4) operator qualification; and (5) communications systems. Entergy neither admitted 

nor denied the violations, but paid a civil penalty of $975,000. Entergy also committed to 

significant reliability mitigation and compliance measures and agreed to submit to compliance 

monitoring. 

Seneca Falls Power Corporation (SFPC). On April 23, 2013, the Commission approved a 

settlement in which SFPC agreed to pay a civil penalty and invest in project improvements to 

resolve longstanding violations of its hydropower license.26 In a compliance order, the 

Commission referred SFPC to Enforcement for an investigation of its failure to abide by certain 

license requirements. Enforcement determined that SFPC violated its license by failing to obtain 

adequate property rights, to monitor wetlands, to construct fish passages, to construct a 

recreational facility, and to properly monitor or maintain lake-level elevations. Pursuant to the 

 

23 In re PJM Up-To Congestion Transactions, 142 FERC ¶ 61,088 (2013) (order approving stipulation and consent 

agreement). 

24 Rumford Paper Co., 142 FERC ¶ 61,218 (2013) (order approving stipulation and consent agreement). 

25 Entergy Services, Inc., 142 FERC ¶ 61,241 (2013) (order approving stipulation and consent agreement). 

26 Seneca Falls Power Corp., 143 FERC ¶ 61,063 (2013) (order approving stipulation and consent agreement). 
2013 Staff Report on Enforcement 13 

settlement, SFPC must pay a civil penalty of $150,000, undertake $300,000 in project 

improvements, and submit to compliance monitoring. 

Enerwise Global Technologies, Inc. (Enerwise). On June 7, 2013, the Commission approved a 

settlement resolving findings that Enerwise violated the Commission’s anti-manipulation rule, 18 

C.F.R. § 1c.2, and a provision of the RTO tariff for PJM concerning demand response.27 In its 

investigation, Enforcement determined that Enerwise registered its customer, the Maryland 

Stadium Authority (MSA), for a load reduction amount it knew MSA could not reliably achieve; 

it then instructed the MSA to artificially increase its electric load prior to an August 2009 test 

event in order to demonstrate a larger load reduction. Enforcement also found that Enerwise 

took actions to misrepresent to PJM the functionality of MSA’s back-up generators during the 

August 2009 test event. Enerwise neither admitted nor denied the violations, agreed to pay a 

civil penalty of $780,000, to pay disgorgement of $20,726 plus interest of unjust profits, and to 

invest $500,000 in technology improvements. In addition, Enerwise agreed to submit to 

compliance monitoring. 

Southwest Power Pool, Inc. (SPP). On July 10, 2013, the Commission approved a settlement in 

which Enforcement staff of the Commission and NERC settled findings that SPP, in its capacity 

as Reliability Coordinator, had violated certain Reliability Standards.28 The Commission and 

NERC learned, through a 2008 audit of SPP, that in late 2007 SPP lost visibility at its primary 

control center as a result of activity on its communications network involving a firewall 

configuration change. In the settlement, SPP neither admitted nor denied that it violated 

Reliability Standard IRO-015-1, Requirement R1 and Reliability Standard EOP-004-1, 

Requirement R3. The settlement resolved findings that SPP did not follow its own emergency 

procedures and notify neighboring Reliability Coordinators when it had need to switch to its 

alternate control center; and that SPP did not notify NERC in the wake of the event that it lost 

partial use of its control center. SPP agreed to several compliance measures and monitoring, and 

paid a $50,000 civil penalty to NERC and the United States Treasury. 

Enterprise Texas Pipeline LLC (Enterprise Texas). On August 26, 2013, the Commission 

approved a settlement between Enforcement and Enterprise Texas resolving an investigation 

arising from a self report.29 In September 2012, Enterprise Texas reported that it had been 

charging shippers an unauthorized Title Transfer Tracking (TTT) fee without posting the fee in 

its Statement of Operating Conditions (SOC) filed with the Commission. Enforcement 

determined that this conduct violated NGPA § 311 and 18 C.F.R. § 284.123, and that Enterprise 

Texas improperly collected over $7 million in TTT fees over almost 8 years. In settling the 

matter, Enterprise Texas neither admitted nor denied violations of NGPA § 311 or the 

Commission’s regulations, but agreed to pay $315,000 in a civil penalty and to improve its 

compliance procedures with respect to its NGPA § 311 business. Enterprise Texas also refunded 

its customers over $7 million plus interest. 

 

27 Enerwise Global Technologies, Inc., 143 FERC ¶ 61,218 (2013) (order approving stipulation and consent 

agreement). 

28 Southwest Power Pool, Inc., 144 FERC ¶ 61,019 (2013) (order approving stipulation and consent agreement). 

29 Enterprise Texas Pipeline LLC, 144 FERC ¶ 61,156 (2013) (order approving stipulation and consent agreement). 
2013 Staff Report on Enforcement 14 

D. Self Reports 

From issuance of the first Policy Statement on Enforcement in 200530 through the end of 

FY2013, staff has received a total of 594 self reports. Of those, 496 have been reviewed and 

closed without action; 60 have been converted to an investigation. 

In FY2013, staff received 75 new self reports. Staff closed 94 self reports, including some 

pending from fiscal years 2012 and 2011. As of the end of FY2013, 42 self reports received in 

this and prior fiscal years remained pending. Staff received self reports from a variety of market 

participants, including power marketers, electric utilities, natural gas companies, and RTO/ISOs. 

The Penalty Guidelines emphasize the importance of self reporting, providing credit that 

significantly mitigates a penalty when a self report is made.31 Staff continues to encourage the 

submission of self reports and views self reports as evidence of a company’s commitment to 

compliance. 

 

30 Enforcement of Statutes, Regulations and Orders, 113 FERC ¶ 61,068 (2005) (2005 Policy Statement). 

31 Revised Policy Statement on Penalty Guidelines, 132 FERC ¶ 61,216, at P 127 (2010). 

0

20

40

60

80

100

Closed in Fiscal

Year with No

Action

Converted to a

Preliminary

Investigation,

Closed in Fiscal

Year with No

Action

Pending a

Review at Fiscal

Year End

Converted to a

Preliminary

Investigation,

Pending Review

at Fiscal Year

End

Converted to an

Investigation,

Settled at Fiscal

Year End

Number of Self Reports

Disposition

Self Report Dispositions at End of Fiscal Year,    

FY2011 ‐ FY2013

FY2013

FY2012

FY2011
2013 Staff Report on Enforcement 15 

The following charts depict the types of violations for which staff received self reports from 

FY2010 through FY2013. In FY2013, RTO/ISO violations accounted for a significant portion of 

self reports received. 

0

5

10

15

20

25

30

35

40

Number of Self Reports

Type of Violation

Self Reports Closed in FY2013 by Type of Violation
2013 Staff Report on Enforcement 16 

 

0

5

10

15

20

25

30

35

Number of Self Reports

Type of Violation

Self Reports Closed in FY2012 by Type of Violation

0

5

10

15

20

25

30

35

40

Number of Self Reports

Type of Violation

Self Reports Closed in FY2011 by Type of Violation
2013 Staff Report on Enforcement 17 

Illustrative Self Reports Closed with No Action 

In a continuing effort to promote transparency while encouraging the compliance efforts of 

regulated entities, Enforcement presents the following illustrations summarizing some of the self 

reports that DOI staff closed in FY2013 upon review and without conversion to investigation. 

These summaries are intended to provide guidance to the public and to regulated entities as to 

why staff chose not to pursue an investigation or enforcement action, while preserving the nonpublic nature of the self reports. 

Tariff/OATT Violation. A company’s scheduling agent failed to report a generator’s availability 

to an RTO/ISO immediately after a scheduled outage, instead reporting its availability two days 

later but “backdating” the availability date pursuant to instructions to do so from the RTO/ISO. 

Staff closed this self report without action because neither the generator nor its agent had an 

incentive to fail to notify of the generator’s availability; the late reporting caused no market 

harm; the backdating was at the behest of the RTO/ISO; and the company and agent 

subsequently implemented a three-part communication protocol to avoid such 

miscommunications in the future. 

Tariff/OATT Violation. A demand response provider self reported that it provided inaccurate 

data for a demand response asset, due to an inaccurate meter data conversion factor that it 

discovered after checking its meter data against historical utility data for the asset. The provider 

flagged the asset as a data quality issue, which had resulted in lower payments to both the 

demand response provider and the asset for four years, and it was excluded from the RTO/ISO’s 

market. The data error did not cause overpayments or other harm to the market, and the self 

0

5

10

15

20

25

30

35

Number of Self Reports

Type of Violation

Self Reports Closed in FY2010 by Type of Violation
2013 Staff Report on Enforcement 18 

report represented an ongoing and improving compliance effort. Staff therefore closed the self 

report with no action. 

Tariff/OATT Violation. Throughout a four-year period, a transmission provider failed multiple 

times to impose, as required by its OATT, an operational penalty for the unreserved use of its 

transmission system and to distribute the transmission charges and penalty amounts collected to 

those providing imbalance services. The transmission provider discovered the error and 

corrected it by charging for the transmission used and distributing the imbalance charges, with 

interest, pursuant to the tariff formula. The transmission provider did not collect the tariffimposed penalty amounts associated with these transactions, and funded the difference to the 

extent the imbalance payments were based on the collection of transmission charges plus 

penalties. The entity also implemented mechanisms to prevent the problem from occurring in 

the future. The failure to assess the charges and penalties hurt market transparency in that 

customers were not alerted to issues with their scheduling practices that may have caused them 

to adjust their behavior, and those providing imbalance service were not fully and timely 

compensated. Staff closed this matter without action, however, based on the transmission 

provider’s discovery and self reporting of the omission, remedial measures that corrected the 

market harm, implementation of compliance measures to prevent recurrence, and willingness to 

absorb the more than $100,000 in tariff penalties it inadvertently failed to assess. 

Tariff/OATT Violations. A company that owned multiple generation units 

inadvertently undermined the accuracy of certain cost-based offers it submitted on behalf of 

several of the units that it owned, and as a result received overpayments on those units until the 

errors were discovered and corrected. The inaccurate cost-based offers resulted from submitted 

costs containing one of the following errors: (1) improperly-high variable maintenance costs; 

(2) double-counting of sulfur oxide emissions costs; or (3) improper inclusion of carbon dioxide 

and nitrogen oxides emissions costs. The company reported the improper cost-based offers 

immediately upon discovery and corrected the submissions to the RTO/ISO. The errors, which 

arose from data entry mistakes, pre-dated the company’s ownership of the units and were 

discovered during a comprehensive regulatory compliance review of the acquisitions. The 

company offered to make complete refunds to the market of the overpayments it received, and 

worked with the RTO/ISO and its Market Monitoring Unit to determine the amount of the 

refunds and the appropriate recipients. Staff determined that because the company found these 

errors while conducting a review of its tariff compliance, promptly self reported and arranged to 

refund the overpayments, and created mechanisms to reduce the potential for future data 

entry errors, the matter had been appropriately resolved and could be closed with no further 

enforcement action. 

RTO/ISO Violation. An RTO/ISO violated its tariff when an employee inadvertently sent an 

email containing confidential market participant information to a different, but similarly-named, 

market participant. The RTO/ISO employee responsible immediately realized the error and 

promptly requested that the recipient delete the email without reviewing the data. The RTO/ISO 

confirmed to staff that the recipient deleted the email, and that the single market participant 

could not have used the confidential information for its own advantage or to otherwise cause 

market harm. 

Standards of Conduct Violation. A natural gas pipeline self reported that erroneous 

programming of its web-based information system resulted in the disclosure of non-public 

transmission function information, in violation of 18 C.F.R. § 358.2(c). For a period of two 

months, storage customers who logged into the pipeline’s secure webpage were able to access 

information concerning the current gas storage balances of all other customers. After an 
2013 Staff Report on Enforcement 19 

affiliated marketing function employee notified the pipeline of the error, the pipeline 

immediately disabled the storage balance function, corrected the underlying programming error 

within one hour, and made an informational posting consistent with the requirements of 18 

C.F.R. § 358.7(a)(2). The disclosure presented little or no benefit to the pipeline or its marketing 

affiliate and did not create market harm for its customers. The pipeline and its marketing 

affiliate’s rigorous Standards of Conduct training resulted in quick reporting, mitigation, and 

curative posting of the error; thus, staff closed the self report with no further action. 

Statutory Violation. An electric cooperative self reported that it incurred debt with terms 

inconsistent with the authorization it received from the Commission pursuant to § 204 of the 

Federal Power Act (FPA). Although the electric cooperative had periodically filed for and 

obtained Commission authorization for the terms of the debt it assumed, as required by the FPA, 

it discovered during a regulatory compliance review that 19 of its notes had maturation periods 

or interest rates above the caps imposed by the Commission’s current § 204 authorization for the 

cooperative. Staff closed the self report with no enforcement action because the electric 

cooperative self reported and promptly filed an application to revise its § 204 authorizations to 

remedy the discrepancies, which the Commission later granted. In addition, the conduct did not 

cause harm to the market and the electric cooperative implemented compliance procedures to 

prevent similar violations from occurring in the future. 

Statutory Violation. A public utility holding company discovered during an internal review that 

it had inadvertently failed to timely file several jurisdictional contracts between its public utility 

subsidiaries and Qualifying Facilities (QFs), as required by section 205 of the FPA. Because the 

company promptly self reported the violations and made the necessary curative filings with the 

Commission, there was no evidence of undue preference or harm to the market or customers as a 

result of the failure to make the filings, and the company implemented procedures to enhance its 

compliance processes going forward, staff closed the matter with no action. 

Statutory Violation. A pipeline began construction on an extension after the Department of 

Interior’s Bureau of Safety and Environmental Enforcement (BSEE) approved the line but before 

the Commission had acted on the pipeline’s pending application for a certificate of public 

convenience and necessity under § 7 of the Natural Gas Act. The pipeline confirmed that the 

mistake was discovered within approximately 48 hours of commencing construction, which it in 

turn halted as quickly as safely possible. The pipeline filed its self report about 24 hours after 

construction ceased, and soon thereafter updated the docket in which it sought its certificate with 

an acknowledgement of its mistake. The Commission subsequently issued the certificate, and 

the pipeline provided staff with written documentation confirming that it had updated its 

procedures to reduce the likelihood of a similar mistake in the future. Staff closed this matter 

without action based on the Commission’s order, the rapidity with which this issue was 

identified and addressed, as well as the lack of harm to any other entity. 

Affiliate Restrictions Violation. An electric public utility holding company self reported that two 

of its subsidiaries may have violated the Commission’s independent functioning requirement of 

the Affiliate Restrictions set forth in 18 C.F.R. § 35.39(c) of the Commission’s regulations, 

which requires that employees who work on behalf of a franchised public utility with captive 

customers operate separately to the maximum extent practicable from the employees who work 

on behalf of the market-regulated power sales affiliate. One employee performed certain 

regulatory and legislative activities for the franchised public utility on a part-time basis, while 

also performing retail marketing function activities for the market-regulated power sales affiliate. 

This employee however did not have access to information regarding the franchised public 

utility’s wholesale marketing or generation business or access to non-public transmission 
2013 Staff Report on Enforcement 20 

information. The company removed the employee from his regulatory duties promptly upon 

learning of the potential conflict, and confirmed to staff that the dual exposure did not result in 

harm to the market or any retail or wholesale customers. Based on these facts and the company’s 

enhanced training and compliance measures, staff closed the self report without further action. 

Regulatory Filing Violation. A utility with multiple subsidiaries failed to file timely notices of 

change in corporate responsibilities of nine individuals holding interlocking directorates, as 

required by 18 C.F.R. § 45.5(b). Upon learning of the violations, the individuals immediately 

resigned the new positions and made curative filings advising of their intent to hold the 

interlocking directorates. The Office of Energy Market Regulation staff accepted all nine 

curative filings and indicated it would not take further action. DOI staff confirmed that no undue 

affiliate preferences or other harm to the market occurred as a result of the interlocking 

directorates or failures to file the notices and that the utility had instituted compliance measures 

to prevent recurrence of this type of violation in the future, and therefore closed the matter 

without further action. 

Regulatory Filing Violation. A large generator self reported on behalf of its public utility 

subsidiaries regarding their failure to make a timely Change in Status (CIS) filing as required by 

18 C.F.R. § 35.42(a)(1). When several long-term power sales agreements expired, the capacity 

reverted back to the generator, but the generator failed to update its Generator Resource 

Inventory (GRI) or to make a CIS filing to reflect the change. Upon discovery of the violation, 

the generator updated its GRI to correct the oversight, contacted DOI to self report the violation, 

and submitted a curative filing to the Commission. Staff closed this self report without action 

because the violation was isolated and inadvertent, caused no market harm, recurrence of the 

violation is unlikely, and the company moved quickly to remedy the violation once it was 

discovered. 

Qualifying Facility Violations. The owner of four small generation QFs self reported that it 

failed to submit the certifications of QF status to the Commission pursuant to 18 C.F.R. 

§ 292.203(a)(3), which is required before claiming the benefits of QF status. As a result of its 

failure to certify, its jurisdictional sales of power violated § 205 of the FPA because the facilities 

were not QF-exempt and did not otherwise receive authorization from the Commission. Because 

the owner’s failure to certify was inadvertent and it subsequently adopted compliance measures 

to prevent future recurrence, and because the company made refund payments of the proceeds 

from the unauthorized sales, staff closed the self report with no action. Similarly, owners of a 

small wind farm that also qualified for QF status failed to timely certify that status before 

commencing power sales. Upon discovering the obligation to certify, the wind farm promptly 

filed its QF certification and submitted a refund report for the unauthorized sales, which the 

Commission accepted. Staff closed this matter without action because there was no evidence 

that the violation was intentional, and the wind farm paid a refund consistent with the 

Commission precedent for unauthorized sales of power. 

Capacity Release Violation. A shipper rolled over two short-term, prearranged capacity releases 

to a replacement shipper without first posting the releases for competitive bidding, as required by 

18 C.F.R. § 284.8(h)(2). These capacity releases involved a single replacement shipper and 

capacity on a single pipeline during the months of February and March, and were discovered 

when the pipeline’s compliance officer notified the releasing shipper. Staff closed the self report 

without action because the violation was inadvertent, management promptly investigated the 

violation once it was discovered, and the shipper instituted effective measures to prevent nonrecurrence. In addition, the amount of gas involved was de minimis. 
2013 Staff Report on Enforcement 21 

NAESB Standard Violation. An electric utility self reported that it violated Standard 001-4.13, 

Table 4-2, of the North American Energy Standards Board (NAESB) for failing to respond to 

certain requests for transmission service within required timeframes. Pursuant to its own internal 

investigation the utility determined that within a period of about three years, it failed to timely 

respond to 17 out of approximately 250,000 transmission service requests. In most cases, the 

delay was less than an hour. The design of the software for processing requests facilitated 

human error, which led to the violations. Because, among other considerations, the violations 

were small in number, modest in nature, and did not harm the requesting customers or the 

market, staff closed the matter without action. 

Failure to Obtain Market-Based Rate Authority. A generator engaged in wholesale sales of test 

power without first requesting Market-Based Rate authority as required by § 205 of the FPA and 

Part 35 of the Commission’s regulations. The generator filed its request for authorization 

promptly upon discovering the deficiency, and the Commission granted the request and directed 

the generator to submit a refund report for the unauthorized sales. The generator’s refund report 

demonstrated that all sales occurred at a loss and the generator did not receive any profits from 

its test power sales. In the self report, the generator and its parent company adopted new 

procedures to prevent recurrence of this type of violation. Staff closed the self report because 

there was no harm to the market, there was no evidence that the violation was intentional, the 

generator promptly self reported, and has taken steps to prevent recurrence of this violation. 

Material Deviations. Eleven natural gas pipelines self reported that they failed to ensure that a 

number of their transportation service agreements (TSAs) and transportation-related agreements 

conformed to their currently effective pro forma TSAs and tariff General Terms and Conditions 

of Service, as required by the Commission’s regulations. Following comprehensive internal 

reviews of over 6,200 TSAs and transportation related agreements, the companies determined 

that there were numerous deviations, some of which could affect the substantive rights of market 

participants. All of the companies promptly cured all of these violations by updating the nonconforming TSAs, pro forma TSAs, and transportation-related agreements filed with the 

Commission. The companies also improved their compliance programs to address the lapses that 

led to the violations. Staff found no evidence that the non-conforming TSAs or transportationrelated agreements contained material deviations that were unduly preferential, discriminatory, 

or caused harm to similarly situated market participants. Furthermore, staff found no evidence 

that the failure to file the non-conforming TSAs was intentional. Accordingly, staff closed these 

matters with no further action. 

Market Behavior Rule Violation. While reviewing transaction data, a municipal agency 

determined that it provided inaccurate purchase and sale information, and non-standard 

transaction data, to two electricity price index publishers. The entity stated that it reported 

certain purchase transactions as sales, and other sales transactions as purchases, and further 

reported a number of non-standard transactions that the index publishers do not include in the 

development of their price indices. Staff closed the self report with no further action because the 

price reporting rules of the Commission’s regulations did not apply to the municipal energy 

agency, the conduct was not manipulative, and because the company advised the publishers of 

the errors and resubmitted revised transaction data. 

 
2013 Staff Report on Enforcement 22 

E. Investigations 

During FY2013, DOI staff opened 24 investigations, as compared to 16 investigations in 

FY2012. Half of these new investigations arose from referrals based on conduct observed 

through surveillance by the Division of Analytics and Surveillance or the RTO/ISO Market 

Monitoring Units. Tips to the Enforcement Hotline resulted in two of the new investigations, 

and two others arose from self reported violations that staff converted to preliminary 

investigations. In FY2013, 29 pending investigations resulted in settlement, Commission show 

cause orders, or closure without enforcement action. Enforcement also resolved, through 

settlement in FY2013, an additional two investigations that had proceeded to orders to show 

cause in late FY2012. 

1. Statistics on Investigations 

Of the 24 investigations staff opened this fiscal year, some of which involve more than one 

type of violation or multiple subjects, 11 involve market manipulation or false statements to the 

Commission or an RTO/ISO, four involve tariff violations, eight involve Reliability Standards 

violations, one involves standards of conduct, and one involves natural gas open access 

transportation rules. 

Of the investigations closed in FY2013, staff closed eight either upon finding no violation or 

because staff did not have evidence to support finding a violation. In two investigations, staff 

found a violation, but determined not to pursue an enforcement action. Many of the 

Commission-approved settlements of pending investigations are summarized above in 

subsections B and C. 

The following charts show the disposition of investigations that closed in fiscal years 2011 

through 2013. 

 

Disposition of Investigations, FY2013

Closed ‐ Finding of

Violation/No Sanctions

Closed ‐ Insufficient

Evidence or No Violation

Settlement

Proceeded to Order to

Show Cause

Other
2013 Staff Report on Enforcement 23 

Disposition of Investigations, FY2012

Closed ‐ Finding of

Violation/No Sanctions

Closed ‐ Insufficient

Evidence or No Violation

Settlement

Proceeded to Order to

Show Cause

Disposition of Investigations, FY2011

Closed ‐ Finding of

Violation/No Sanctions

Closed ‐ Insufficient

Evidence or No Violation

Settlement

Proceeded to Order to

Show Cause

Other
2013 Staff Report on Enforcement 24 

 

The following charts summarize the nature of the conduct at issue for those investigations 

that were closed without action in fiscal years 2011 through 2013. 

Disposition of Investigations ‐ All to

Date, FY2007 ‐ FY2013

Closed ‐ Finding of

Violation/No Sanctions

Closed ‐ Insufficient

Evidence or No

Violation

Settlement

Proceeded to Order to

Show Cause

Other

0

1

2

3

4

5

6

Market

Manipulation/False

Statement &

OATT/Tariff

Market

Manipulation/False

Statement

Reliability Tariff/OATT MBR

Types of Alleged Violation in Investigations Closed

Without Action, FY2013
2013 Staff Report on Enforcement 25 

0

1

2

3

4

5

6

7

8

Market Manipulation/False

Statement & OATT/Tariff

Market Manipulation/

False Statement

Reliability Tariff/OATT

Types of Alleged Violation in Investigations Closed

Without Action, FY2012

0

1

2

3

4

5

6

Market

Manipulation/False

Statement

Hydropower Reliability Natural Gas

Transportation

Tariff/OATT

Types of Alleged Violation in Investigations Closed

Without Action, FY2011
2013 Staff Report on Enforcement 26 

2. Illustrative Investigations Closed with No Action 

The following describes selected investigations in which Enforcement closed the matter 

without action. Like the self report illustrations, these are intended to provide guidance to the 

public while preserving the non-public nature of DOI’s investigations. 

Market Manipulation. A financial institution self reported that it discovered an instant message 

between two of its traders potentially indicating the intentional use of virtual bidding to affect 

locational marginal prices in an RTO/ISO and thereby influence the value of related financial 

positions. Staff opened an investigation to assess whether the conduct violated the 

Commission’s anti-manipulation rule, 18 C.F.R. § 1c.2. After analyzing company trades and 

documents and taking depositions, staff determined there was insufficient evidence of a 

manipulative trading scheme. Staff also found that there was a prompt self report, immediate 

remedial steps taken by the company, and an isolated trading period. Because of all of these 

factors, staff closed the investigation with no action. 

Tariff Violation. A matter was referred to Enforcement involving a market participant suspected 

of “hubbing,” i.e., improperly using Network Integration Transmission Service for off-system 

energy sales rather than point-to-point transmission service reservations as required by the tariff. 

The market participant, a generator-marketer, provided a comprehensive data set demonstrating 

its transmission system usage and energy transactions during the relevant time, and also provided 

an explanation as to why an imbalance may have been (incorrectly) perceived in its transmission 

usage that could indicate the prohibited hubbing activity. Staff confirmed the facts provided by 

the market participant with the RTO/ISO and with third-party witnesses that possessed relevant 

information, and concluded that the evidence did not support a violation and closed the matter 

with no action. 

Tariff and Reliability Violations. Staff investigated whether a generator in an organized market 

failed to communicate an outage to appropriate RTO/ISO personnel. Staff’s investigation 

revealed that generator personnel were unaware of RTO/ISO requirements and procedures 

regarding requests for planned outages. Because the generator failed to timely notify the 

RTO/ISO of the outage, the generator violated provisions of the governing tariff and related 

Reliability Standards. The generator took remedial actions to ensure that a violation did not 

reoccur. Further, the generator was subject to Reliability Standards-related penalties imposed by 

the relevant Regional Entity in a reliability Notice of Penalty. Staff determined that the 

reliability penalty was sufficient to deter future similar conduct and closed the investigation 

without further action. 

F. Reliability (NOPs and FFTs) 

Pursuant to its Compliance Monitoring and Enforcement Program, NERC files Notices of 

Penalty (NOP) with the Commission that address violations of the Reliability Standards 

discovered by NERC or one of the eight Regional Entities (REs) after an audit, investigation, self 

report or other compliance process. Each NOP indicates resolution of a violation or potential 

violation through a penalty and mitigation of the violation, which may result from an assessment 

by the relevant RE or NERC, or from settlement negotiations with the registered entity. Pursuant 

to the Commission’s regulations, an NOP becomes effective by operation of law 31 days after 

filing with the Commission if the Commission takes no action within that time either to extend 

the time for consideration, to request more information, or to open the matter for further review, 

or if the entity does not file an application for review. 
2013 Staff Report on Enforcement 27 

In 2012, the Commission accepted, with conditions, NERC’s proposed Find, Fix and Track 

(FFT) enforcement mechanism.32 The FFT process closes without assessment of a penalty 

certain possible violations that pose lesser risks to the bulk power system and that the entity has 

mitigated prior to NERC’s filing to the Commission, through a monthly informational filing to 

the Commission. This filing is in lieu of processing these same issues as NOPs. On June 20, 

2013, the Commission accepted NERC’s March 2013 compliance filing on the FFT process, 

approving four of five changes NERC had requested, including: (1) allowing a limited number of 

FFTs for possible violations posing moderate reliability risk; (2) removing the requirement that 

possible violations be completely mitigated before NERC files or posts an FFT; and (3) 

permitting NERC to post FFTs each month on its website rather than filing them with the 

Commission.33 NERC began posting FFTs on its website in July 2013.34 

Enforcement reports the FY2013 statistics below regarding NOPs and FFTs, although as of 

March 1, 2013, Enforcement staff is no longer routinely involved in facilitating Commission 

review of these submissions. From that date forward, the Office of General Counsel and OER 

have primary responsibility for this review, and consult with Enforcement only on an as-needed 

basis.35

In FY2013, the Commission received 45 full NOPs, encompassing 520 possible or confirmed 

violations. Three hundred seventy-five possible or confirmed violations were of the Critical 

Infrastructure Protection (CIP) Reliability Standards (CIP-002 through CIP-009). The 

Commission also received 12 Spreadsheet NOPs, consisting of minimal or moderate risk 

violations, encompassing 575 possible or confirmed violations. Three hundred nineteen of these 

potential or confirmed violations were of the CIP Reliability Standards. The 45 full NOPs and 

12 Spreadsheet NOPs filed in FY2013 proposed $8,582,350 in penalties. The largest single 

penalty assessed by an NOP submitted to the Commission in FY2013 was $950,000. The 

Commission declined to review all NOPs submitted in FY2013. In FY2013, NERC filed nine 

FFT Reports with the Commission and posted three FFT Reports on its website. These FFT 

Reports detailed 796 possible violations. Four hundred fifty-six possible violations were of the 

CIP Reliability Standards. The Commission declined to review all possible violations in FFTs 

that NERC submitted or posted in FY2013.36

 

32 North American Electric Reliability Corp., 138 FERC ¶ 61,193 (2012) (order accepting with conditions the ERO’s 

petition requesting approval of new enforcement mechanisms and requiring a compliance filing by March 2013).

33 North American Electric Reliability Corp., 143 FERC ¶ 61,253 (2013). The order requires NERC to make a 

compliance filing by June 2014. 

34 All NOPs and FFTs are available on the NERC website at http://www.nerc.com/pa/comp/Pages/Enforcement-andMitigation.aspx. 

35 Enforcement will not continue to report NOP and FFT statistics in future annual reports. 

36 The Commission extended the time period for consideration for a penalty addressing 14 violations in the 

Spreadsheet NOP in Docket No. NP13-41-000 but ultimately declined further review of the penalty. 
2013 Staff Report on Enforcement 28 

G. Enforcement Hotline 

DOI staff fields calls and other inquiries made to the Enforcement Hotline (Hotline).37 The 

Hotline is a means for people, anonymously if preferred, to inform Enforcement staff of potential 

violations of statutes, Commission rules, orders, regulations, and tariff provisions. The Hotline 

also allows the public to obtain informal guidance and non-binding opinions on matters within 

the Commission’s jurisdiction, including applicability of Commission orders and policies in 

particular circumstances. When staff receives calls concerning possible violations, such as 

allegations of market manipulation, abuse of an affiliate relationship, or violation of a tariff or 

order, staff researches the issue presented and when necessary consults other members of the 

Commission’s staff with expertise in the subject matter of the inquiry. In some cases, the 

Hotline calls lead to investigations by DOI. 

In FY2013, Enforcement received 160 Hotline calls and inquiries, 149 of which were 

promptly resolved within the fiscal year through advice provided by DOI staff and nine of which 

remained pending as of the end of the fiscal year. In FY2013, staff converted two Hotline calls 

to preliminary investigations. Every year, a significant percentage of the calls received relate to 

subjects outside of the Commission’s jurisdiction or contested matters pending before the 

Commission. DOI staff resolves these matters by advising those callers where they may find the 

information they need, or directs them to the appropriate Commission docket. 

H. Other Matters 

DOI staff assisted other divisions and offices within the Commission on important matters in 

FY2013, including: 

NERC Audit. In FY2013, DOI staff assisted DAA in defending the Commission’s first ever 

contested performance audit of NERC in its role as the statutory Electric Reliability 

Organization. Enforcement staff fully briefed the contested audit issues stemming from DAA’s 

2012 NERC performance audit and later negotiated and documented a settlement with NERC 

successfully resolving all outstanding issues.38

Gas-Electric Coordination Issues. DOI staff participated in the technical conference held in 

Docket No. AD12-12-000 on April 25, 2013 to discuss gas-electric coordination issues and 

contributed to the Notice of Proposed Rulemaking in Docket No. RM13-17-000 in which the 

Commission proposed rules encouraging increased communication between natural gas pipelines 

and electric transmission operators. DOI staff has also provided advice to the Commission in the 

context of specific orders related to gas supply issues, resource compliance with RTO/ISO 

dispatch instructions, and capacity supply obligations. 

 

37 See 18 C.F.R. § 1b.21 (2013). 

38 North American Electric Reliability Corp., 142 FERC ¶ 61,042 (2013). 
2013 Staff Report on Enforcement 29 

0%

20%

40%

60%

80%

100%

FY 2010 FY 2011 FY 2012 FY 2013

Percentage

of audits

planned using

risk‐based

criteria

Audits Planned Using a Risk‐Based Approach

 DIVISION OF AUDITS AND ACCOUNTING 

A. Overview 

The Division of Audits and Accounting (DAA) within Enforcement administers the 

Commission’s audit and accounting programs. These programs enable the Commission to 

maintain effective and appropriate oversight over jurisdictional entities while ensuring 

compliance, accountability, and transparency. DAA accomplishes its mission by conducting 

various types of public audit and accounting activities. These activities primarily focus on 

compliance with Commission requirements, transparency, accountability, operational efficiency 

and effectiveness, and other areas the Commission deems necessary to accomplish its mission. 

The audit and accounting activities are coordinated with other Enforcement divisions and legal 

and technical experts in other Commission offices. 

Risk assessment continues to be an important aspect of DAA’s audit program because a 

significant majority of audits are initiated without any allegation of wrongdoing. Audited 

entities are typically selected using risk-based criteria (see chart below). The Commission 

promotes compliance through its audit and accounting programs by publishing information about 

these programs on the Commission’s web site. Through publicly issued audit reports and 

commencement letters, DAA provides audited entities and the industry with insight into areas of 

emphasis and concern. In 

addition, DAA continues to 

expand its audit reports to 

provide greater detail to 

enable jurisdictional entities to 

be better informed, avoid 

noncompliance, and improve 

operational performance. The 

detail in the scope and 

methodology section of the 

public audit reports is 

designed to enable company 

compliance staff to replicate 

procedures DAA employs in 

its audits and provides companies with the necessary information to evaluate their compliance 

programs. DAA applies its experience from conducting audit and accounting activities to ensure 

effective Commission oversight, modify or create regulations, assist in policy formulation, and 

promote transparency. 

DAA conducts industry outreach in a variety of ways to inform the industry, public, and 

others about what constitutes effective oversight, accountability, transparency, operational 

efficiency and effectiveness, and compliance. These outreach efforts further DAA’s goal to 

strengthen each jurisdictional entity’s compliance and operations. 
2013 Staff Report on Enforcement 30 

B. Compliance Reviews and Trends 

Helping jurisdictional companies achieve robust compliance is the cornerstone of DAA’s 

audit and accounting programs. This is primarily accomplished by reviewing jurisdictional 

entities’ compliance programs related to specific audit scope areas. DAA’s continued focus on 

compliance is driven by the Commission’s Strategic Plan, which is the foundation supporting 

DAA’s mission to promote robust compliance cultures and programs. 

Experience has shown that a strong internal compliance program is an effective way of 

ensuring compliance with statutes, Commission rules, orders, regulations, and tariffs provisions, 

and significantly increases the likelihood that an entity will abide by, and follow the spirit of, 

relevant rules and regulations. Compliance programs with a strong emphasis on risk assessment 

encourage and promote self-detection of issues in a timely manner to prevent noncompliance 

proactively, rather than responding reactively to mitigate and remediate compliance failures. 

Active involvement of senior management, allocation of funds necessary for such programs, and, 

as appropriate, routine internal/external audits or compliance assessments of program 

effectiveness, foster a strong and sustainable culture of commitment to compliance on an 

enterprise-wide basis. 

On most audits, DAA reviews jurisdictional entities’ compliance programs in audit scope 

areas and provides feedback on ways to strengthen such programs. DAA observed during many 

audit engagements an increased emphasis by jurisdictional entities to take proactive measures to 

develop and integrate robust compliance practices, controls, and procedures into their operations. 

Often at the conclusion of an audit engagement, jurisdictional entities acknowledge the value of 

the audit in bringing about more effective and efficient compliance. 

Compliance Trends 

During the past several years, DAA observed noncompliance in certain areas that warrant 

highlighting for jurisdictional entities and their corporate officials. Although there are other 

areas of noncompliance associated with the topics presented below, the areas discussed relate to 

areas where DAA has found consistent patterns of noncompliance. Greater attention is needed in 

these areas to prevent noncompliance and to avoid enforcement action. 

Formula Rate Matters. DAA rigorously examines the accounting that populates formula rate 

recovery mechanisms that are used in determining billings to wholesale customers. In recent 

formula rate audits, DAA observed certain patterns of noncompliance in the following areas: 

 Merger Goodwill – including goodwill in the equity component of the capital 

structure absent Commission approval; 

 Depreciation Rates – using state-approved, rather than Commission-approved, 

depreciation rates; 

 Merger Costs – including merger consummation costs (e.g., internal labor and other 

general and administrative costs) without Commission approval; 

 Tax Prepayments – incorrectly recording tax overpayments which are not applied 

to a future tax year’s obligation as a prepayment leading to excess recoveries 

through working capital; 

 Asset Retirement Obligation (ARO) – including ARO amounts in formula rates, 

without explicit Commission approval; 
2013 Staff Report on Enforcement 31 

 Below-the-Line Costs – attempting to move below-the-line costs into formula rates 

(e.g., lobbying, charitable contributions, fines and penalties, and compromise 

settlements arising from discriminatory employment practices); and 

 Improper Capitalization – seeking to include in rate base (and earn a return on) costs 

that should be expensed. 

Demand Response/Energy Efficiency in Capacity Markets. Audits of certain demand response 

aggregators raised concerns with the manner in which capacity capability and responsiveness of 

resources are measured and monitored for performance in the markets. For example, some 

resource aggregators enrolling assets in demand response programs did not have robust 

validation procedures to ensure that baselines were appropriately calibrated. In addition, there 

were inadequate controls to ensure the metering accuracy necessary to demonstrate reductions 

during periods when resources were called upon to reduce consumption. For energy-efficiency 

programs, in some instances, data validation controls were inadequate to ensure that accurate 

data for use in jurisdictional capacity markets was being initially transferred from state programs. 

Further, controls were not in place to ensure that updated information was provided when errors 

were detected resulting in occurrences when capacity reductions were overstated. 

Capacity Transparency and Allocation. Interstate natural gas pipelines are required to post 

available pipeline capacity on their websites. These postings promote transparency of available 

pipeline capacity, enabling greater competitive access to such capacity and its efficient 

utilization. However, recent audits identified common deficiencies in reported available pipeline 

capacity where quantities were either omitted or incorrectly reported. The result is that some 

shippers may not be able to avail themselves of operational opportunities for use of available 

pipeline capacity. 

Open Access Transmission Tariffs. The integration of generation resources to the bulk electric 

system raises areas of concern, particularly in those regions in which significant development of 

alternative generation is being pursued. DAA noted that the processes by which applications to 

interconnect are being treated give rise to noncompliance with OATT requirements in three 

areas: posting of interconnection study reports; timely completion of interconnection 

applications; and notification of delays of interconnection studies. 

Transmission Incentive. Commission orders granting incentives to specific transmission projects 

requires increased rigor in the proper accounting of costs to ensure that such incentives are only 

applied for projects approved. DAA noted instances in which cost allocation mechanisms 

improperly assigned costs to incentive projects, thereby permitting a greater return than 

warranted. Additionally, in some audits, the controls over directly assigning costs to specific 

work orders for approved transmission projects were inadequate, resulting in certain costs being 

improperly assigned to incentive transmission projects. 

Regulatory Assets. DAA noted instances in which regulatory assets reported in financial 

statements are not supported by a probable rate action of a regulator to permit recovery of a 

previously incurred cost in future rates. DAA is concerned that jurisdictional entities are neither 

making a proper initial assessment of the probability for recovering costs deferred as a regulatory 

asset nor making periodic reassessments to ensure existing regulatory assets remain probable for 

future rate recovery. 
2013 Staff Report on Enforcement 32 

C. Significant Audit Matters 

In FY2013, DAA completed 29 financial and operational audits of public utilities and natural 

gas pipelines covering a wide variety of topics. Some audits addressed multiple topics. The 

audits resulted in 360 recommendations for corrective action and directed $15.4 million in 

refunds. DAA also directed accounting adjustments that collectively removed $200,000 from 

utility plant accounts. Other recommendations directed improvements to companies’ internal 

processes and procedures, enhancements to the accuracy and transparency of reports and 

websites, and more efficient and cost-effective operations. Collectively, these recommendations 

and savings benefit ratepayers and market participants. 

The following significant audit activities reflect the issues and priorities identified and 

discussed above. 

1. ITC Holdings Corporation (ITC Holdings) 

At ITC Holdings, all three ITC affiliates have taken steps to pay $13.3 million in refunds to 

wholesale customers for incorrectly increasing the equity component of the formula rate for the 

tax effects of goodwill, which resulted in excessive billings to wholesale customers.39 ITC 

Midwest submitted its refund analysis on September 28, 2012 proposing refunds of $2.7 million. 

The Commission accepted the refund analysis for filing on January 30, 2013. On February 1, 

2013, ITC’s other two affiliates that used the same accounting for the tax effects of goodwill as 

ITC Midwest, ITC Transmission and Michigan Electric Transmission Company, voluntarily 

 

39 ITC Holdings Corp., Refund Report, Docket No. PA13-10-000 (filed Sept. 28, 2012); International Transmission 

Co., Refund Report, Docket No. ER13-865-000 (filed July 5, 2013); Michigan Electric Transmission, LLC, Refund 

Report, Docket No. ER13-867-000 (filed July 5, 2013). 

MBR & EQR

Formula Rates

Transmission Incentives

Affiliate Transactions

Accounting & Reporting

Reliability

Capacity Markets & Demand Response

AFUDC

Gas Tariff

Mergers & Acquisitions

FY2013 Audits by Topic
2013 Staff Report on Enforcement 33 

submitted reports to refund $9.1 million and $1.5 million, respectively. On July 5, 2013, the 

Commission accepted these filings. 

2. Southern Company 

At Southern Company, DAA evaluated compliance with (1) cross-subsidization restrictions 

on affiliate transactions; (2) Commission accounting, recordkeeping, and reporting regulations; 

and (3) preservation of records requirements for holding and service companies.40 DAA found 

the following areas of noncompliance: inappropriate support for employee time charges; 

incorrect accounting for political activities and compromise settlements; lack of efficient 

processes for converting from its unique accounting system to Commission accounting 

regulations; improper accounting for charitable contributions and lobbying costs; improper 

assignment of costs among Southern Company’s operating companies; reporting errors on FERC 

Form Nos. 1 and 60; missed FERC-61 service company filings; and missed notifications for the 

premature loss of records. DAA’s audit findings led to several improvements in processes, 

procedures, and controls, and resulted in approximately $7,800 in transmission formula rate 

refunds. 

3. Pacific Gas and Electric (PG&E) 

At PG&E, DAA evaluated compliance with (1) the requirements in its Transmission Owner 

tariff; (2) the requirements in its Wholesale Distribution tariff; (3) Commission accounting 

regulations; (4) FERC Form Nos. 1 and 3-Q reporting requirements; and (5) accounting and 

reporting regulations for the wholesale fuel adjustment clause calculation.41  

Major audit findings included five findings of noncompliance related to PG&E’s 

interconnection practices: (1) it interconnected wholesale generation facilities to the CAISO grid 

without having an executed interconnection agreement with the customer; (2) it incorrectly 

assigned customers’ queue positions for 204 wholesale generator interconnection requests; (3) it 

untimely notified customers of interconnection study delays; (4) it collected payments from 

customers for engineering, procurement, and other activities leading to construction absent 

having an executed service agreement with the customer or filing agreements containing 

nonconforming terms with the Commission; and (5) it did not consistently retain records for 

wholesale generator interconnection requests and studies. PG&E also agreed to refund the time 

value of $10,341 associated with the revenue it prematurely collected from wholesale customers 

for engineering, procurement, and other activities. 

4. Southern California Edison (SCE) 

At SCE, DAA evaluated compliance with: (1) the conditions in the Commission’s orders 

granting SCE transmission incentives; (2) the rules for incentive-based rate treatments for 

transmission infrastructure investment; (3) the requirements within its Transmission Owner 

Tariff; and (4) the requirements within its Wholesale Distribution Access Tariff.42 

DAA identified five findings of noncompliance related to transmission incentives and 

interconnections. First, SCE improperly allocated construction overhead costs to transmission 

incentive projects. As a result of this misallocation, SCE refunded $1.5 million to wholesale 

 

40 Southern Co., Docket No. FA12-1-000 (May 28, 2013) (delegated letter order). 

41 Pacific Gas & Electric Co., Docket No.PA12-8-000 (Apr. 28, 2013) (delegated letter order). 

42 Southern California Edison Co., Docket No. PA12-16-000 (Apr. 24, 2013) (delegated letter order). 
2013 Staff Report on Enforcement 34 

customers through the formula rate. Second, SCE incorrectly classified construction work order 

costs and recorded them in Account 107, Construction Work in Progress, when the charges 

should have been expensed. Due to these misclassifications, SCE refunded $369,000 to 

wholesale customers through its CWIP Balancing Account. Third, SCE did not adhere to certain 

timelines under its tariff for processing interconnection requests. Fourth, SCE commenced 

service and received customer payments under three service agreements before such agreements 

were filed with the Commission. Fifth, SCE did not post on its web site nonconfidential portions 

of the interconnection study report. SCE agreed to refund $29,403 of the time value of monies 

for commencing service without Commission authorization. 

5. TransColorado Gas Transmission Company, LLC (TransColorado) 

At TransColorado, DAA evaluated compliance with (1) the requirement to file contracts with 

material deviations; (2) select portions of TransColorado’s FERC gas tariff, including governing 

penalties, balancing mechanisms, capacity allocation, and tracking mechanisms; (3) certain 

reporting requirements under Commission regulations, including portions of the FERC Form No. 

2; and (4) NAESB standards.43

DAA identified these areas of noncompliance: (1) inaccurate accounting for shipper 

imbalances and cash-outs, fuel tracker activity, and penalty refunds; (2) FERC Form No. 2 

filings errors; and (3) inaccurate capacity postings, index of customers filings, and NAESB 

postings. 

6. Transcontinental Gas Pipeline Company, LLC (Transco) 

At Transco, DAA evaluated Transco’s compliance with (1) certain information in the FERC 

Form No. 2 filed under the Commission's regulations; (2) NAESB standards under Commission 

regulations; (3) select portions of Transco’s FERC gas tariff including those governing penalties, 

balancing and tracking mechanisms, and capacity allocation; and (4) reporting requirements in 

the index of customers under Commission regulations.44

DAA identified the following areas of noncompliance: (1) incorrect design and available 

capacity data; (2) improper accounting for line pack, cash-outs lost and unaccounted-for gas 

quantities penalty revenues; (3) FERC Form No. 2 reporting errors; (4) NAESB standards for 

reporting system wide notices; and (5) inaccurate index of customers filings. 

7. Rockies Express Pipeline, LLC (Rockies) 

At Rockies Express, DAA evaluated compliance with (1) the requirement to file contracts 

with material deviations; (2) select portions of Rockies Express’ FERC gas tariff, including 

governing penalties, balancing mechanisms, capacity allocation, and tracking mechanisms; (3) 

certain reporting requirements pursuant to Commission regulations, including portions of the 

FERC Form No. 2; and (4) NAESB standards.45

DAA identified the following areas of noncompliance: (1) reservation charge credits and 

force majeure; (2) incorrect accounting for shipper imbalances, cash-outs and revenue credits, 

and fuel and electric power tracker costs; (3) FERC Form No. 2 filings errors; and (4) inaccurate 

sales volume reporting, capacity postings, index of customers filings, and NAESB postings. 

 

43 TransColorado Gas Transmission Co., LLC, Docket No. PA11-6-000 (Jan. 2, 2013) (delegated letter order). 

44 Transcontinental Gas Pipeline Co., LLC, Docket No. PA12-1-000 (Feb. 11, 2013) (delegated letter order). 

45 Rockies Express Pipeline LLC, Docket No. PA11-5-000 (Nov. 29, 2012) (delegated letter order). 
2013 Staff Report on Enforcement 35 

8. Iroquois Gas Transmission System, LP (Iroquois) 

At Iroquois, DAA evaluated compliance with (1) certain information in the FERC Form No. 

2; (2) NAESB standards; (3) Commission reporting requirements; and (4) select portions of 

Iroquois’ FERC gas tariff, including those governing penalties and balancing mechanisms.46 

Iroquois had areas of noncompliance related to: (1) not having language consistent with the 

Commission’s reservation charge crediting policy; (2) accounting for annual charges, fuel used 

in compressor stations, over- or under-recovery of fuel, imbalances, lost and unaccounted-for gas 

quantities, and fuel provided to others; (3) inaccurate unsubscribed capacity data and NAESB 

postings; and (4) incorrect reporting on various pages of the FERC Form No. 2. 

D. Reliability Audits 

In FY2013, DAA conducted reliability audits of the Electric Reliability Organization (ERO) 

and Regional Entities (REs), and conducted compliance audits of registered entities. Staff from 

OER’s Division of Compliance and Division of Reliability Standards and Security participated 

on most of these reliability audit engagements. 

ERO and RE Audits 

The audit scope for the audits of the North American Electric Reliability Corporation (as the 

ERO), Western Electricity Coordinating Council (WECC), SERC Reliability Corporation, 

Midwest Reliability Organization, ReliabilityFirst, and Northeast Power Coordinating Council 

(NPCC) included budgeting formulation, administration, and execution, and resources used to 

achieve program results. In addition, the scope of the audits for WECC and NPCC audits 

included their responsibilities under their delegation agreements with the ERO. These audits 

resulted in a total of 98 recommendations.

1. North American Electric Reliability Corporation (NERC) 

At NERC, the Commission and NERC reached settlement on the DAA audit report and 

associated recommendations in early 2013.47 From that point, NERC continued to implement the 

agreed-upon recommendations under the oversight of DAA staff. In early September, DAA staff 

traveled to NERC’s headquarters in Atlanta, GA to meet with NERC management and staff to 

discuss the progress made in NERC’s implementation. At that time, DAA staff reviewed 

documentation and met with NERC staff to discuss the progress made to date and the plans 

going forward. To date, NERC has successfully implemented the audit recommendations. 

2. Northeast Power Coordinating Council, Inc. (NPCC) 

At NPCC, DAA identified five areas in which NPCC can improve its budget formulation, 

administration, and execution: (1) cost allocation methodology related to its compliance and 

enforcement services provided to U.S. and Canadian entities; (2) identification and budgeting of 

non-statutory activities; (3) mitigation plan processing; (4) expense and reimbursement policies; 

and (5) employee compensation studies.48 Audit staff also expressed concerns regarding the lack 

of sufficient policies and procedures to ensure that NPCC’s billing letters to U.S. balancing 

 

46 Iroquois Gas Transmission Sys., LP, Docket No. PA12-7-000 (Jan. 4, 2013) (delegated letter order). 

47 North American Electric Reliability Corp., 142 FERC ¶ 61,042 (2013) (order approving settlement agreement). 

48 Northeast Power Coordinating Council, Inc., Docket No. PA12-10-000 (June 28, 2013) (delegated letter order). 
2013 Staff Report on Enforcement 36 

authorities identified the appropriate registered entities responsible for funding NPCC’s nonstatutory division.

3. Western Electricity Coordinating Council (WECC) 

At WECC, DAA identified seven areas where improvements to WECC policies and 

procedures could improve operations of its delegated functions, as well as in budgeting for 

operations.49 These areas covered the following: (1) WECC’s mitigation plan processing; 

(2) enforcement caseload; (3) conflict of interest disclosure form completion; (4) budget 

development; (5) expense reimbursement policy and controls; (6) investments; and (7) funding 

of regional criteria. Also, the audit identified one “other matter” related to WECC’s 

methodology for paying penalties incurred by its NERC-registered functions. 

4. SERC Reliability Corporation (SERC) 

At SERC, DAA identified the following four areas in which SERC can improve its policies 

and procedures regarding its budget formulation: (1) expenditure policies and controls; (2) 

policies and processes for budgeting company-sponsored employee events; (3) procedures to 

adequately justify increases in its retirement contribution; and (4) procedures to adequately 

justify increases in its retirement contribution.50 Also, the audit identified two “other matters” 

along with four related recommendations in which SERC can improve its use of industry subject 

matter experts and its planned audits. 

5. Midwest Reliability Organization (MRO) 

At MRO, DAA identified one area where MRO could enhance its performance: 

strengthening its travel expense controls over the use of rental cars. In addition, DAA identified 

one “other matter” in which MRO could improve its use of its Days in Violation Processing 

metric to track separate processing of Critical Infrastructure Protection Reliability Standard 

violations and Operations and Planning Reliability Standard violations.51

6. ReliabilityFirst Corporation 

At ReliabilityFirst, DAA identified three areas in which improvements to ReliabilityFirst’s 

budget formulation, administration, and execution could be achieved: (1) remuneration based on 

total compensation; (2) working capital/contingency fund written policies and procedures; and 

(3) documentation of the rationale used in budget formulation, including managers’ initial 

estimates.52 In addition, audit staff identified one “other matter” involving documentation of 

ReliabilityFirst’s innovative program, the Assist Visit Program. 

Registered Entity Audits 

DAA completed the audits of three registered entities: PJM Interconnection L.L.C.; 

Bonneville Power Administration; and Salt River Project Agricultural Improvement and Power 

District. These entities were selected on a risk-based criteria based on their strategic location, 

relative size and the scope of reliability responsibilities for which they were registered. The 

audit scope for the compliance audits of registered entities was compliance with Commission-

 

49 Western Electricity Coordinating Council, Docket No. PA12-9-000 (July 10, 2013) (delegated letter order). 

50 SERC Reliability Corp., Docket No. FA12-6-000 (June 11, 2013) (delegated letter order). 

51 Midwest Reliability Org., Docket No. FA12-14-000 (May 9, 2013) (delegated letter order). 

52 ReliabilityFirst Corp., Docket No. FA12-7-000 (May 9, 2013) (delegated letter order). 
2013 Staff Report on Enforcement 37 

approved mandatory Reliability Standards for Operations and Planning as well as Critical 

Infrastructure Protection (CIP). These audits resulted in a total of 56 recommendations. 

1. PJM Interconnection L.L.C. (PJM) 

At PJM, DAA identified eight areas in which PJM could improve its performance.53 These 

areas addressed: (1) identification of Critical Cyber Assets associated with Critical Assets; 

(2) access to Critical Cyber Assets; (3) personnel risk assessments; (4) inventory of software 

within the Electronic Security Perimeter; (5) Electronic Security Perimeter access points; (6) 

change control and configuration management; (7) planning and operating models; and (8) a plan 

to continue reliability operations. Audit staff also identified three areas of interest regarding 

system operating limits, interconnection reliability operating limits, and compliance enforcement 

for the Transmission Operator function. 

2. Bonneville Power Administration (BPA) 

At BPA, DAA identified six areas in which BPA can improve compliance and made 

corresponding recommendations.54 Specifically, these areas pertained to: (1) protection systems 

maintenance and testing; (2) BPA’s equipment tracking tool; (3) outage coordination with 

neighboring entities; (4) load-shedding plans with distribution providers; (5) transmission 

planning; and (6) field asset Critical Cyber Asset identification methodology. 

3. Salt River Project Agricultural Improvement and Power District (SRP) 

At SRP, DAA identified seven areas where the effectiveness and efficiency of SRP’s 

operations and cyber security practices could be improved.55 These covered: (1) ports and 

services for Critical Cyber Assets; (2) a manual log review of electronic access; (3) CIP-related 

training; (4) testing of backup media; (5) plans for loss of control center functionality; (6) 

training for system operators; and (7) training for distribution operators on load shedding. 

Reliability Audit Statistics 

Over the past six years, DAA conducted 108 reliability audits of various entities regarding 

several audit topics. Specifically, DAA conducted an audit of NERC, and a total of ten audits of 

REs. These audits addressed a variety of matters, including independence, budget formulation 

administration, and execution, and compliance with Commission orders. DAA also led 

compliance audits of four registered entities, evaluating their compliance with Reliability 

Standards. Finally, DAA participated in ninety-three oversight audits in which DAA provided 

guidance to NERC and the REs on their audit processes and techniques. The following chart 

demonstrates DAA’s completed reliability audits to date. 

 

53 PJM Interconnection L.L.C., Docket No. PA11-21-000 (Nov. 1, 2012) (delegated letter order). 

54 Bonneville Power Admin., Docket No. PA12-17-000 (Apr. 24, 2013) (delegated letter order). 

55 Salt River Project Agricultural Improvement and Power District, Docket No. PA12-11-000 (July 18, 2013) 

(delegated letter order). 
2013 Staff Report on Enforcement 38 

DAA first audited an RE in FY2008, when it commenced an audit of Southwest Power Pool 

RE’s independence from the RTO. DAA continued to review REs’ independence: in FY2010, it 

conducted independence audits of Texas Reliability Entity, then a division of the Electric 

Reliability Council of Texas, Inc.; Florida Reliability Coordinating Council; and WECC. As a 

result of these audits, these four REs have adopted structural and operational reforms to address 

Commission concerns. DAA has now audited the ERO and all eight REs at least once. Most 

recently, DAA completed its budget audits of NERC, MRO, NPCC, ReliabilityFirst, SERC, and 

WECC. In addition to budget matters, two of these audits (WECC and NPCC) also examined 

the entities’ responsibilities and performance as REs. These audits provided greater fiscal 

accountability by increasing budget transparency for the ERO and its REs. 

DAA’s involvement in providing for the reliable operation of the bulk power system through 

oversight of the implementation of mandatory and enforceable Reliability Standards also 

includes audits of registered entities. DAA first conducted such an audit in FY2010, when it 

audited Entergy Services, Inc., for practices related to bulk power system planning and 

operations. Since then, DAA has completed audits of PJM, BPA, and SRP. These audits 

identified areas in which PJM, BPA, and SRP could improve compliance with the Reliability 

Standards, and made corresponding recommendations. 

During the last six years, DAA and OER staff have observed RE compliance audits of 

registered entities in the eight regions subject to mandatory Reliability Standards. DAA and 

OER staff participated in these audits to provide guidance on the RE’s audit processes, methods, 

and techniques for verifying compliance. At the conclusion of the audits, DAA and OER met 

with NERC and the RE and discussed areas in which the RE could improve its processes or 

procedures as well as areas in which the RE performed well. Through DAA oversight audits, as 

well as DAA audits of the REs, DAA has observed a continued growth and maturation in RE 

audit programs, increasing coordination and cooperation among the REs, and better oversight of 

the programs by NERC as the ERO. 

0

2

4

6

8

10

12

14

16

FY2008 FY2009 FY2010 FY2011 FY2012 FY2013

DAA Completed Reliability Audits

Oversight Ops & Plan

Oversight CIP

ERO/RE

Registered Entity
2013 Staff Report on Enforcement 39 

E. Other Audit Matters 

Besides the highlighted audits above, DAA covered several other areas in its FY2013 audits 

as reflected below in summaries of a representative sample. 

1. Formula Rates 

Delmarva Power & Light Company (DPL). At DPL, DAA evaluated whether DPL complied 

with: (1) Attachment H-3 of the PJM Interconnection, LLC’s Open Access Transmission Tariff 

(OATT); (2) various accounts incorporated into its formula rate tariff; and (3) accounting 

regulations in the Uniform System of Accounts (USofA).56 DPL refunded $51,802 to wholesale 

customers stemming from an accounting misclassification error associated primarily with 

lobbying that negatively impacted the formula rate. 

American Transmission Systems, Incorporated (ATSI). At ATSI, DAA evaluated whether ATSI 

complied with (1) Attachment O of the Midcontinent Independent System Operator’s (MISO) 

OATT; (2) various accounts incorporated into MISO’s formula rate transmission tariff; (3) 

accounting regulations in the USofA; and (4) transactions under the tariff.57 ATSI did not 

properly account for debt gross-up on utility plant, vegetation management costs, and 

depreciation on land and land rights. The incorrect accounting for depreciation of land and land 

rights resulted in a refund to wholesale customers through formula rate billings of $111,945. 

2. Market-Based Rate Authority and Electric Quarterly Reports 

General Electric Company (GE). At GE, DAA evaluated the entity and its affiliates to determine 

whether and how the companies complied with requirements of the companies’ MBR 

authorization and EQR filing requirements.58 GE misreported generation asset ratings in filings 

made with the Commission and data reported in its EQRs. 

Invenergy, LLC (Invenergy). At Invenergy, DAA evaluated the entity and its affiliates to 

determine whether and how the companies complied with requirements of the companies’ MBR 

authorization and with EQR filing requirements.59 Invenergy had numerous reporting 

deficiencies related to its MBR filings and EQR reporting obligations. 

3. Affiliate Transactions and Public Utility Holding Company Act 

Alliant Energy Corporation (Alliant), NiSource Inc., and Unitil Corporation. DAA evaluated 

these entities, along with their respective service companies and associated companies, for 

compliance with the Commission’s (1) cross-subsidization restrictions on affiliate transactions; 

(2) accounting, recordkeeping, and reporting requirements; (3) the Uniform System of Accounts 

for centralized service companies; (4) preservation of records for holding companies and service 

companies; and (5) FERC Form No. 60 requirements.60 DAA also evaluated the associated 

public utilities’ compliance with Commission accounting requirements for transactions with 

associated companies, and applicable reporting requirements in the FERC Form Nos. 1 and 2. 

 

56 Delmarva Power & Light Co., Docket No. FA12-5-000 (Nov. 29, 2012) (delegated letter order). 

57 American Transmission Systems, Inc., Docket No. FA11-8-000 (Apr. 24, 2013) (delegated letter order). 

58 General Electric Co., Docket No. PA11-10 (Nov. 6, 2012) (delegated letter order). 

59 Invenergy, LLC, Docket No. PA12-2-000 (Feb. 1, 2013) (delegated letter order). 

60 Alliant Corp., Docket No. FA12-13-000 (Jan. 4, 2013); NiSource, Inc., Docket No. FA11-5-000 (Oct. 24, 2012); 

Unitil Corp., Docket No. FA12-11(Feb. 28, 2013) (delegated letter orders). 
2013 Staff Report on Enforcement 40 

Collectively DAA identified numerous areas of noncompliance related to: (1) misallocation 

of costs; (2) improper accounting for service company billings and the associated costs; (3) 

various reporting requirements; (4) delinquent required filings to the Commission; and (5) 

preservation of records. Refunds were paid to wholesale customers amounting to $84,449 

related to Alliant improperly including fines and penalties, charitable donations, and lease and 

rental costs through the formula rate. 

4. Accounting and Reporting 

Panhandle Eastern Pipeline, Co. (PEPL). At PEPL, DAA evaluated compliance with 

(1) Commission accounting regulations; (2) FERC Form 2, Annual Report for Major Natural Gas 

Companies; (3) FERC Form 3-Q, Quarterly Financial Report of Natural Gas Companies; (4) 

record retention regulations; and (5) PEPL’s natural gas tariff section governing reservation 

charge credit policy.61

PEPL improperly (1) computed Allowance for Funds Used During Construction (AFUDC) 

by including contract retentions in the AFUDC base; (2) accounted for industry association dues; 

and (3) classified various other relatively minor expense transactions. PEPL reduced gas utility 

plant by $193,000 to remove the effects of the over-accrual AFUDC from the gas utility plant 

balances. 

5. Capacity Markets and Demand Response 

Connecticut Light & Power Company (CL&P). At CL&P, DAA evaluated compliance with 

ISO-NE’s Transmission, Markets and Services Tariff focusing on tariff provisions relevant to 

CL&P’s participation in the Forward Capacity Market and demand response programs within 

ISO-NE, and also performed select tests of customers CL&P registered into its Conservation and 

Load Management programs.62 CL&P did not properly account for revenues associated with its 

conservation and load management programs. Also, CL&P did not accurately record demand 

reduction data in its reporting system. 

6. No Audit Findings 

AES Corporation (AES) and EFS Southeast PowerGen. At AES, DAA evaluated AES and its 

subsidiary companies’ compliance with the conditions established in the Commission’s March 9, 

2010 Order Authorizing Merger and Disposition of Jurisdictional Facilities, and November 15, 

2011 Order Authorizing Disposition of Jurisdictional Facilities.63 At EFS Southeast PowerGen, 

DAA evaluated EFS Southeast PowerGen, LLC, Utility Corporation, and ArcLight Capital 

Partners, LLC’s compliance with the conditions established in the Commission’s March 1, 2011 

Order Authorizing Disposition of Jurisdictional Facilities.64

 

Fayetteville Express Pipeline, LLC (Fayetteville) and Midcontinent Express Pipeline, LLC 

(Midcontinent). At Fayetteville and Midcontinent, DAA evaluated compliance with 

Commission accounting regulations, as well as accounting and reporting requirements for 

 

61 Panhandle Eastern Pipeline, Co., Docket No. FA12-4-000 (Aug. 29, 2013) (delegated letter order). 

62 Connecticut Light & Power Co., Docket No. PA12-14-000 (Oct. 12, 2013) (delegated letter order). 

63 AES Corp., Docket No. PA12-6-000 (June 6, 2013) (delegated letter order). 

64 EFS Southeast PowerGen, Docket No. PA12-4-000 (June 6, 2013) (delegated letter order). 
2013 Staff Report on Enforcement 41 

calculating and accruing AFUDC.65 This includes the components of construction costs in Gas 

Plant Instruction No. 3 and more specifically the AFUDC rate in 3(17) of those requirements. 

The audit also evaluated the period for capitalization of interest during construction under 

Accounting Release (AR)-5 as well as the accounting for long-term debt, related interest costs, 

and earnings on funds restricted for construction projects under AR-13. 

The audits cited in this section did not result in any compliance findings or 

recommendations. 

F. Significant Accounting Matters 

DAA carries out the Commission’s accounting program established for jurisdictional electric 

utilities, natural gas companies, centralized service companies, and oil pipelines to aid in 

establishing and monitoring just and reasonable rates. DAA also advises the Commission, and 

may act, on filings submitted to the Commission involving current accounting issues affecting 

jurisdictional industries, and provides accounting expertise to Commission program offices in 

developing Commission policies and proposed rulemakings. Further, DAA provides informal 

accounting advice to Commission jurisdictional electric, natural gas, and oil entities, and 

participates in pre-filing meetings with these entities to inform them of Commission accounting 

requirements for issues of interest. DAA participates in accounting liaison meetings with the 

Commission’s jurisdictional industries to inform them of recent accounting decisions and remain 

informed of current and emerging accounting and financial reporting issues. DAA monitors and 

participates in projects initiated by the Financial Accounting Standards Board, Securities and 

Exchange Commission, and International Accounting Standards Board to address issues that may 

impact the Commission or its jurisdictional entities. 

In FY2013, DAA reviewed 225 Commission filings. These filings included requests for 

accounting approval, certificate authorizations, mergers and acquisitions, security and debt 

applications, and rate filings. Also, DAA provided informal guidance on 73 inquiries related to 

various aspects of Commission accounting, financial reporting, and record retention regulations. 

These inquiries were received from jurisdictional entities, industry stakeholders, and consultants, 

as well as questions arising through the Commission’s Compliance Help Desk, Office of 

External Affairs, Enforcement Hotline, and other offices within the Commission. 

1. Requests for Approval of the Chief Accountant 

In FY2013, the Chief Accountant responded to 58 accounting filings requesting approval of a 

proposed accounting treatment for a specific transaction or event. The matters covered in these 

accounting requests related to a substantial portion of the Commission’s accounting and financial 

reporting requirements for electric, natural gas, and oil entities. Specifically, accounting requests 

included Commission-approved mergers, transfers of jurisdictional assets, test energy produced 

during construction, and AFUDC. 

 

65 Fayetteville Express Pipeline, LLC, Docket No. FA12-2-000 (Apr. 24, 2013); Midcontinent Express Pipeline, 

LLC, Docket No. FA12-3-000 (Apr. 24, 2013) (delegated letter orders). 
2013 Staff Report on Enforcement 42 

2. Certificate Proceedings 

In FY2013, DAA reviewed 34 natural gas pipeline certificate filings seeking Commission 

authorization to construct, own, and operate new pipeline facilities, abandon pipeline facilities, 

or acquire pipeline facilities, and establish rates for new pipeline facilities in service. DAA 

worked with other Commission program offices to review all items used to determine initial 

rates, including operation and maintenance expenses, depreciation, amortization, taxes, AFUDC, 

and return on investment to assist the development of just and reasonable rates that are in the 

public interest. DAA also ensured that applicants follow Commission accounting rules and 

regulations related to AFUDC calculations, contributions in aid of construction, regulatory assets 

and liabilities, leases, and system gas. 

3. Merger and Acquisition Proceedings 

In FY2013, DAA reviewed 5 merger filings and approximately 80 acquisition filings from 

electric utilities. The accounting review entails examining proposed accounting for the costs to 

execute the transaction, costs to achieve integration and synergies, fair value adjustments to 

assets and liabilities, and goodwill. DAA also ensures that any discussion on accounting is in 

line with any hold harmless or other rate requirements discussed in a merger order. In 

acquisition filings, an accounting review ensures applicants properly account for the purchase 

and sale of plant assets consistent with Commission regulations. For example, DAA ensures that 

an acquiring applicant maintains the appropriate original cost and historical accumulated 

depreciation of utility plant and appropriately records an acquisition premium, when appropriate. 

DAA reviews accounting entries that merger and acquisition applicants file to ensure they 

provide appropriate transparency to any rate implication resulting from such accounting for 

consideration by the Commission and all interested parties. 

4. Debt and Security Issuance Proceedings 

In FY2013, the Chief Accountant reviewed 12 electric utility security/debt applications. 

Section 204(a) of the FPA provides the Commission authority to grant electric utilities the 

authority to issue securities or assume liabilities. In reviewing filings under § 204, the 

Commission evaluates an applicant’s viability based on a review of financial statements 

submitted with the application, interest coverage ratio, and debt maturities and cash flow 

projections. DAA’s review of debt and security applications is important in providing critical 

analysis which helps prevent public utilities from borrowing substantial amounts of money and 

0 5 10 15 20 25 30

Purchase of Assets

Sale of Assets

Mergers

Premature Loss of Records

Deferred Income Taxes

Regulatory Assets

Prior Period Adjustments

Capitalization Policy

Energy Produced during Construction

AFUDC

Filings Submitted for Chief Accountant Approval

FY2013

FY2012
2013 Staff Report on Enforcement 43 

using the proceeds to finance non-utility businesses. This will also ensure that future issuance of 

debt is compatible with the public interest. 

5. Rate Proceedings 

In FY2013, DAA participated in 36 rate filings from electric, natural gas, and oil 

jurisdictional entities. In these rate filings, DAA reviews an applicant’s filing and intervening 

comments or protests to uncover and evaluate all accounting issues arising in the filing. DAA 

works with other program offices to discuss these accounting issues and to understand the effect 

accounting and financial reporting has on rates. Since many natural gas and electric rates are 

directly tied to a jurisdictional entity’s financial reports (e.g., fuel trackers and cost of service 

formula rates), DAA works to ensure that accounting is not used as a tool to alter components of 

a FERC jurisdictional rate. DAA has also worked with other program offices to enhance 

financial transparency of financial information of costs recovered in formula rates. That is, 

formula rate informational filings should disclose costs that do not represent, among other things, 

historical original cost, merger-related costs, prior period adjustments, or corrections of errors, to 

ensure all ratepayers can assess the costs they are billed. 

 

6. Accounting Inquiries 

In FY2013, DAA responded to 73 accounting inquiries from jurisdictional entities and other 

stakeholders in the Commission’s jurisdictional industries. The accounting inquiries are made 

through the Compliance Help Desk,66 the Accounting Inquiries phone line and email,67 or sent 

directly to DAA staff. The majority of accounting inquiries sought accounting and financial 

reporting direction on topics such as accounting for mergers, construction activities, government 

grants, and renewable energy credits. The accounting inquiries also sought answers to specific 

questions on depreciation, the appropriate functional classification of costs, and record retention 

requirements. Other accounting inquiries requested assistance in finding specific Commission 

orders and regulations of interest. DAA responded to these accounting inquiries by providing 

 

66 Compliance Help Desk webpage can be found at: http://www.ferc.gov/contact-us/compliance-help-desk.asp. 

67 For Accounting Inquiries contact us at (202) 502-8877 or accountinginquiries@ferc.gov. 

0 2 4 6 8 10 12

Payment of Dividends

Deferred Income Taxes

Operating vs Nonoperating Expense

CWIP in Rate Base

Capitalization vs Expense

Depreciation

Regulatory Assets

Asset Retirement Obligations

Account Classification

Acquisition Premiums

Grants Received

Accounting Issues Addressed in Rate Proceedings

FY2013

FY2012
2013 Staff Report on Enforcement 44 

informal accounting and financial reporting guidance based on Commission precedent and 

regulations and instructing individuals how to find documents and regulations using the 

Commission eLibrary system68 and the Code of Federal Regulations.69

7. International Financial Reporting Standards 

International Financial Reporting Standards (IFRS) have been of special interest to the 

Commission and its regulated entities in recent years as a result of the steps the United States has 

taken to consider the convergence of U.S. generally accepted accounting principles and IFRS. 

The Chief Accountant has worked with U.S. regulated entities, state commissions, and 

international regulators to promote the development of an IFRS accounting standard that 

provides for regulatory assets and liabilities in IFRS financial statements. Following several 

comment letters by the Chief Accountant and others requesting an IFRS accounting standard for 

regulatory assets and liabilities, the IASB initiated a priority project to consider reporting 

regulatory assets and liabilities in IFRS financial statements. This project will include interim 

accounting guidance to provide for regulatory assets and liabilities until a final standard is 

developed. In FY2013, the Chief Accountant submitted two comment letters discussing the 

Commission’s cost-of-service rate design and supporting the pursuit of an IFRS standard for 

regulatory assets and liabilities. The Chief Accountant has also participated in meetings with 

international regulators and financial statement preparers and users to provide an overview of the 

Commission’s cost-of-service rate design and discuss the importance of reporting regulatory 

assets and liabilities based on this cost recovery mechanism. 

8. Energy Storage Assets 

On July 18, 2013, the Commission issued a final rule in Order No. 784, revising certain 

aspects of its current Market-Based Rate regulations and ancillary service requirements under the 

pro forma open-access transmission tariff. Order No. 784 also revised the Commission’s 

accounting and financial reporting requirements to foster competition and transparency in 

ancillary services markets and enhance the accounting and financial reporting of transactions 

 

68 The Commission’s eLibrary system can be accessed at: http://www.ferc.gov/docs-filing/elibrary.asp. 

69 The Commission’s regulations in 18 C.F.R. can be found at: http://www.ecfr.gov/cgi-bin/textidx?SID=03cdba1b6c896b3bd9734aab926c7b88&c=ecfr&tpl=/ecfrbrowse/Title18/18cfrv1_02.tpl 

0

5

10

15

20

25

30

35

40

Acct. & Fin.

Reporting

FERC Regs &

Orders

Depreciation Record

Retention

Miscellaneous

Issues Addressed in Accounting Inquiries

FY2012

FY2013
2013 Staff Report on Enforcement 45 

associated with the use of energy storage assets in public utility operations. DAA led the 

development of revisions to the Commission’s accounting and financial reporting requirements. 

These reforms accommodate the increasing availability of new energy storage resources for use 

in public utility operations and provide needed transparency to ensure that the activities and costs 

of energy storage operations are sufficiently transparent such that stakeholders and state and 

Federal regulators can provide adequate oversight. Information gathered through these reforms 

is important in developing and monitoring rates, making policy decisions, aiding compliance and 

enforcement initiatives, and informing the Commission and the public about the activities of 

entities subject to these accounting and financial reporting requirements. 

Accounting Filing Statistics 

In its review of filings to the Commission, DAA has advised the Commission and acted on 

filings covering many different accounting matters with cost-of-service rate implications, such as 

accounting for mergers, asset impairments, depreciation, acquisition premiums, pensions, and 

income taxes. Over the past four years, DAA has reviewed 889 Commission filings to ensure 

proper accounting is followed and advise the Commission on potential rate effects. 

 

0

20

40

60

80

100

120

Certificate Merger &

Acquisition

Rate & Securities Accounting

Types of Filings Reviewed by DAA

FY2010

FY2011

FY2012

FY2013
2013 Staff Report on Enforcement 46 

DIVISION OF ENERGY MARKET OVERSIGHT 

A. Overview 

The Division of Energy Market Oversight (Market Oversight) within Enforcement is 

responsible for monitoring and overseeing the nation’s wholesale natural gas and electric power 

markets. Market Oversight continuously examines and monitors the structure and operation of 

these markets to identify market anomalies, flawed or inadequate market rules, tariff and rule 

violations, and other market behavior. Staff performs daily oversight of the nation’s wholesale 

natural gas and electric markets and related fuel and financial markets, identifying market events 

and trends. Market Oversight analyzes and reports its observations to the Commission and, as 

appropriate, to the public, and collaborates with other offices at the Commission on policy 

options and regulatory strategies for addressing the issues identified. Staff assesses factors that 

relate to the competitiveness, fairness, and efficiency of wholesale energy markets. In addition, 

Market Oversight administers, analyzes, and ensures compliance with the filing requirements for 

EQRs and various Commission financial forms. Finally, Market Oversight advises the 

Commission on the efficacy of certain regulatory policies in light of evolving energy markets 

and ensures the Commission has the information needed to effectively administer and monitor 

those markets. 

B. Market Monitoring 

Market Oversight staff continuously examines the structure, operation, and interaction of 

natural gas and electric markets. On an ongoing basis, Market Oversight staff accesses data from 

a variety of sources to review market fundamentals and emerging trends. 

As developments warrant, Market Oversight staff initiates projects designed to evaluate 

market trends, and to assess participant behavior. Staff also presents analyses at Commission 

meetings. During FY2013, such presentations included the following: 

1. 2012 State of the Markets Report 

Each year, Market Oversight presents a State of the Markets report assessing the significant 

events of the past year. Presented May 16, 2013, staff observed that for the year ended 

December 31, 2012, natural gas production grew to a new record, which contributed to the 

lowest nominal natural gas prices since 2002. Low natural gas prices resulted in much greater 

reliance on natural gas as the fuel of choice for power generation while coal-fired power 

generation fell to its lowest level in 30 years. Since natural gas is often the marginal fuel in 

electric generation, lower natural gas prices generally resulted in lower electricity prices 

nationwide. Greater reliance on natural gas as a fuel for power generation led to increased 

awareness about the importance of greater coordination between the natural gas and electric 

industries. New England was identified as a market particularly at risk for service disruption due 

to limited pipeline capacity into the region.70

 

70 The 2012 State of the Markets Report is available at http://www.ferc.gov/market-oversight/reports-analyses/stmkt-ovr/2012-som-final.pdf. 
2013 Staff Report on Enforcement 47 

2. Seasonal Market Assessments 

Market Oversight prepares seasonal assessments presented at Commission meetings and 

made available to the public on the Commission website. In FY2013, Market Oversight staff’s 

seasonal assessments included the following: 

Winter 2012/2013 Energy Market Assessment, November 15, 2012. Market Oversight staff 

presented the outlook for natural gas markets and noted that market conditions going into the 

winter were generally favorable. Despite a 22% year-to-date increase in natural gas demand for 

power production, prices remained the lowest in the past ten years because of continued 

production growth and lower residential and commercial demand. While high storage rates and 

low prices were positive indicators for the winter, staff noted potential short term supply 

constraints and price spikes in New England due to pipeline capacity limitations and decreased 

liquefied natural gas (LNG) imports.71

Summer 2013 Energy Market and Reliability Assessment, May 16, 2013. This assessment 

reviewed the outlook for the electric market for summer 2013. OER contributed an analysis of 

NERC’s market review, which raised little concern for reliability for the coming season, with the 

exception of Texas, which faced low reserve margins. Market Oversight staff examined electric 

grid operations and electricity market prices, particularly in Southern California and the San 

Diego area, given the outage of the San Onofre Nuclear Generating Station. Staff advised that 

the tight capacity in the transmission-constrained South Orange County and San Diego areas 

could cause price spikes in the regional electricity market. Staff further noted that due to 

rebounding natural gas prices, the national markets overall would exhibit less coal-to-natural gas 

switching than experienced the previous summer.72

 

C. Outreach and Communication 

Market Oversight makes available to the public its analyses by posting reports on the Market 

Oversight website and in monthly and periodic snapshot presentations. Staff also briefs visiting 

industry participants, state and federal officials, and foreign delegations. 

1. Website 

Market Oversight publishes data and analyses on the Market Oversight website, at 

http://www.ferc.gov/market-oversight/market-oversight.asp, organized into pages for (1) national 

overviews of natural gas and electricity markets, and (2) ten regional electricity and five regional 

natural gas markets. The regional market pages provide charts, tables, and maps displaying 

market characteristics and outcomes. The Market Oversight website also has information on 

several other relevant markets, including LNG, coal, and emissions markets. 

 

71 The Winter 2012-2013 Energy Market Assessment is available at http://www.ferc.gov/market-oversight/reportsanalyses/mkt-views/2012/11-15-12.pdf. 

72 The Summer 2013 Energy Market and Reliability Assessment is available at http://www.ferc.gov/marketoversight/reports-analyses/mkt-views/2013/05-16-13.pdf. 
2013 Staff Report on Enforcement 48 

2. Snapshot Calls 

Market Oversight held 29 conference calls with representatives of state agencies in the 

Northeast, Midwest and SPP, Southeast, and West. These calls provide a current “snapshot” of 

energy markets. Regional Snapshot Reports are compiled monthly and serve as the basis for 

discussion on the calls. The reports include data on natural gas, electricity, LNG, weather, and 

other market developments. In addition, the Snapshot Report incorporates reports on special 

topics. Snapshot Reports are available on the Market Oversight website at 

http://www.ferc.gov/market-oversight/mkt-snp-sht/mkt-snp-sht.asp, and are archived back to 

2007. 

3. Domestic and Foreign Delegation Briefings 

Market Oversight periodically hosts visitors, including foreign and domestic delegations of 

regulators and industry participants, interested in energy markets and in staff’s market 

monitoring activities. In FY2013, Market Oversight conducted a number of briefings in the 

Market Monitoring Center, including seven domestic briefings, to Congressional delegations, 

groups of delegates from federal or state agencies, and delegations from industry, and four 

presentations to foreign delegations. 

Market Oversight also briefs new Commission employees and others on how Market 

Oversight maintains ongoing monitoring of market trends and events and how staff manages 

both the Market Monitoring Center resources and applicable data to support oversight functions. 

D. Forms Administration and Filing Compliance 

Market Oversight staff administers and ensures compliance with the Commission’s filing 

requirements. The Commission requires companies subject to its jurisdiction to submit annual 

and quarterly reports regarding jurisdictional sales, financial statements, and operational data. 

The Commission uses these reports for analyses, including evaluation of whether existing rates 

continue to be just and reasonable. Other government agencies and industry participants also use 

these reports for a variety of business purposes. Accordingly, accurate reporting is a critical 

aspect of monitoring markets. During FY2013, over 10,000 FERC forms were submitted. 

Market Oversight performs a series of data validation checks for the various FERC forms to 

ensure that submissions comply with filing requirements and to improve the accuracy and quality 

of the information filed with the Commission. During FY2013, Commission staff contacted over 

1,000 filers regarding issues with their submittals and assisted the filers to come into compliance 

with Commission requirements. Additionally, staff reviewed the various forms and data 

submitted to the Commission to assess whether to recommend that the Commission take 

remedial action. 

1. Electric Quarterly Reports 

Section 205 of the FPA, 16 U.S.C. § 824d (2006), and 18 C.F.R. Part 35 (2013), require, 

among other things, that all rates, terms, and conditions of jurisdictional service be filed with the 

Commission. In Order No. 2001, the Commission revised its public utility filing requirements 

requiring public utilities, including power marketers, to file EQRs summarizing the contractual 

terms and conditions in their agreements for all jurisdictional services (including market-based 

power sales, cost-based power sales, and transmission service) and provide transaction 
2013 Staff Report on Enforcement 49 

information (including rates) for short-term and long-term power sales during the most recent 

calendar quarter.73 

In concert with software developers, FERC staff developed the new EQR platform in 

accordance with Order Nos. 768, 768-A, and 770.74 To date, Market Oversight has received 

nearly 1,900 test submittals which, along with stakeholder comments, identified refinements for 

general use. Staff is working with the developers to address additional issues with the platform 

and will include information on the new and old systems on the website to facilitate its use. 

In FY2013, Commission staff reviewed nearly 9,000 EQR submittals from over 1,800 

individual respondents. Commission staff determines whether sellers have timely complied with 

the requirements set forth in Order No. 2001 and whether the data is accurate and reliable. Staff 

employed 30 screens to identify frequent errors reported in 2010-2012 EQR filings. Market 

Oversight received thousands of re-filings of EQR data in response to the technical compliance 

review. 

2. Forms Technical Compliance Reviews 

Market Oversight staff performs technical compliance reviews to evaluate companies’ 

submissions with respect to the FERC Form filing requirements. Staff reviews the filings of 

selected gas and electric companies and their financial statements for consistency. In FY2013, 

staff reviewed the annual Form No. 1 (electric) and No. 2/2-A (natural gas) filings from 2009 to 

2011 for eight companies for compliance with filing requirements. Staff generally found minor 

errors in areas such as the companies’ detailed entries regarding changes during the year, 

formula rates, and notes to the financial statements. Where issues or errors were noted, staff 

contacted the utilities to clarify the issues identified or correct errors. 

E. Agenda Items and Rulemakings 

Market Oversight assists the Commission in evaluating the efficacy of certain regulatory 

policies in light of evolving energy markets and ensures the Commission has the information 

needed to administer and monitor the markets effectively. During FY2013, Market Oversight 

staff continued to support Commission efforts to increase electric market transparency under 

§ 220 of the FPA. Market Oversight continuously reviews the monitoring program to ensure that 

it is comprehensive and systematic, and also reviews reporting requirements to ensure that 

appropriate and accurate information is collected. Market Oversight seeks to enhance market 

transparency and efficiency while balancing the regulatory burden on market participants. As 

such, Market Oversight initiated, or provided significant support for, the following: 

 

73 Revised Public Utility Filing Requirements, Order No. 2001, FERC Stats. & Regs. ¶ 31,127 (2002), reh’g denied, 

Order No. 2001-A, 100 FERC ¶ 61,074 (2002), reh’g denied, Order No. 2001-B, 100 FERC ¶ 61,342 (2002), order 

directing filing, Order No. 2001-C, 101 FERC ¶ 61,314 (2002), order directing filing, Order No. 2001-D, 102 FERC 

¶ 61,334 (2003), order refining filing requirements, Order No. 2001-E, 105 FERC ¶ 61,352 (2003), order on 

clarification, Order No. 2001-F, 106 FERC ¶ 61,060 (2004), order revising filing requirements, Order No. 2001-G, 

120 FERC ¶ 61,270 (2007), order on reh’g and clarification, Order No. 2001-H, 121 FERC ¶ 61,289 (2007), order 

revising filing requirements, Order No. 2001-I, FERC Stats. & Regs. ¶ 31,282 (2008).

74 Electricity Market Transparency Provisions of Section 220 of the Federal Power Act, Order No. 768, FERC Stats. 

& Regs. ¶ 31,336 (2012), order on reh’g and clarification, Order No. 768-A, 143 FERC ¶ 61,054 (2012); Revisions 

to Electric Quarterly Report Filing Process, Order No. 770, 141 FERC ¶ 61,120 (2012). 
2013 Staff Report on Enforcement 50 

1. Revisions to Electric Quarterly Report Filing Process 

On November 15, 2012, the Commission issued an order to change the process for filing 

EQRs.75 The current EQR filing mechanism uses Microsoft Visual FoxPro, which Microsoft has 

discontinued. In addition, Visual FoxPro is constrained by data size limitations that restrict the 

Commission’s ability to add data fields in the EQR database. The Commission, therefore, 

proposed a new web-based filing system that would provide EQR filers with two new formats 

for filing EQRs: Comma-Delimited Values (CSV) or Extensible Mark-Up Language (XML). 

The Commission proposed that any changes to the process for filing EQRs apply to filings 

beginning with the third quarter 2013 (providing data for July through September 2013). On 

October 10, 2013, the Commission notified all public and non-public utilities to postpone filing 

third quarter 2013 EQRs until the web-based approach was available.76

2. Gas-Electric Coordination 

Market Oversight provided ongoing market support to the Gas-Electric Coordination 

initiative. Staff closely monitored regional Gas-Electric Coordination activities and coordinated 

quarterly outreach calls with national and regional industry stakeholders. Also, staff composed 

and presented the quarterly updates to the initiative at the March and June Commission Open 

Meetings. Staff contributed to a draft of the Communications Notice of Proposed Rule, a 

proceeding which provided explicit authority to interstate natural gas pipelines and public 

utilities to share non-public information to promote gas-electric coordination.77 Staff also 

provided support for the Scheduling Technical Conference in April 2013, which examined 

whether and how natural gas and electric industry schedules could be harmonized to achieve 

greater efficiencies for both industries.78 

 

75 Revisions to Electric Quarterly Report Filing Process, Order No. 770, FERC Stats. & Regs. ¶ 31,338 (2012). 

76 Order Extending Deadline to File Electronic Quarterly Reports, 145 FERC ¶ 61,031 (2013). 

77 Communication of Operational Information Between Natural Gas Pipelines and Electric Transmission Operators, 

144 FERC ¶ 61,043 (2013). 

78 Coordination Between Natural Gas and Electricity Markets, Docket No. AD12-12-000 (2013).
2013 Staff Report on Enforcement 51 

DIVISION OF ANALYTICS AND SURVEILLANCE 

A. Overview 

The Division of Analytics and Surveillance (DAS) develops surveillance tools, conducts 

surveillance, and analyzes transactional and market data to detect potential manipulation, 

anticompetitive behavior, and other anomalous activities in the energy markets. DAS focuses 

on: (1) natural gas surveillance; (2) electric surveillance; and (3) transactional analysis. The 

analysts and economists in DAS participate in investigations with attorneys from DOI, providing 

detailed transactional analysis, market event analysis, and subject matter expertise. As part of its 

surveillance function, DAS determines what information is necessary to assess and oversee the 

energy markets. Using that information, DAS develops and refines surveillance tools to perform 

continuous surveillance and analysis of market participant behavior, economic incentives, 

operations, and price formation on both the natural gas and electric markets, to detect anomalous 

activities in the markets and to identify potential investigative subjects. 

In FY2013, the Commission continued its efforts to enhance its ability to conduct 

surveillance of the natural gas and electric markets and to analyze individual market participant 

behavior by issuing Order No. 771 and a Notice of Inquiry on Enhanced Natural Gas Market 

Transparency. 

Order No. 771. The Commission issued Order No. 771, entitled Availability of E-Tag 

Information to Commission Staff, on December 20, 2012.79 This final rule grants the 

Commission access, on a non-public and ongoing basis, to the complete electronic tags (e-Tags) 

used to schedule the transmission of electric power interchange transactions in wholesale 

markets. The rule requires e-Tag authors and Balancing Authorities to take appropriate steps to 

ensure Commission access to the e-Tags by designating the Commission as an addressee on the 

e-Tags. In addition, the rule requires that e-Tag information be made available to RTOs/ISOs 

and their Market Monitoring Units, upon request to e-Tag Authors and Authority Services, 

subject to appropriate confidentiality restrictions. On March 8, 2013, the Commission issued 

Order No. 771-A addressing certain requests for rehearing and clarification. The Commission 

also stated that it would issue an additional rehearing order addressing the remaining issues 

raised on rehearing and clarification in due course. The Commission began accessing e-Tags 

pursuant to Order No. 771 on March 15, 2013. 

Notice of Inquiry on Enhanced Natural Gas Market Transparency. The Commission issued a 

Notice of Inquiry (NOI) on Enhanced Natural Gas Market Transparency in Docket No. RM13-1-

000 on November 15, 2012.80 In that NOI, the Commission sought comments on what changes, 

if any, should be made to its regulations under the natural gas market transparency provisions of 

§ 23 of the Natural Gas Act (NGA).81 Specifically, the Commission is considering the extent to 

which quarterly reporting of every natural gas transaction within the Commission’s NGA 

jurisdiction that entails physical delivery for the next day (i.e., next day gas) or for the next 

month (i.e., next month gas) would provide useful information for improving natural gas market 

 

79 Availability of E-Tag Information to Commission Staff, Order No. 771, FERC Stats. & Regs. ¶ 31,339 (2012), 

order on reh’g, Order No. 771-A, 142 FERC ¶ 61,181 (2013). 

80 Enhanced Natural Gas Market Transparency, 141 FERC ¶ 61,124 (2012). 

81 15 U.S.C. § 717t-2 (2006). 
2013 Staff Report on Enforcement 52 

transparency. To that end, the Commission also sought comments in response to a series of 

specific questions related to: (1) which data elements should be reported and how; (2) possible 

public dissemination of any data reported; (3) the scope of such a reporting requirement; and (4) 

the burden of such reporting on market participants. The Commission received 34 sets of 

comments. On July 9, 2013, the Commission issued a Notice of Data Requests to Certain 

Natural Gas Marketers for Information Related to Natural Gas Sales in an effort to estimate the 

volume of natural gas sales that are jurisdictional to the Commission. 

B. Natural Gas Surveillance 

DAS conducts surveillance and analysis of physical natural gas market behavior to detect 

potential manipulation and anti-competitive behavior. DAS has analytical tools, or screens, that 

use publicly available data including trade prices, volumes, times, and other transaction 

characteristics, to detect anomalous activity. The automated screens cover the majority of 

physical and financial trading hubs in the United States. DAS also employs asset-based screens 

that monitor cash trading around infrastructure, including natural gas storage. The screens alert 

staff to a variety of market conditions and market participant actions. 

 When a screen issues an alert, staff conducts a series of analyses to gain information about 

the activity that caused the screen alert. First, staff compares the trading to that at other hubs and 

reviews supply, demand, pipeline utilization, operational notices, and physical and financial 

trading to determine whether there is a fundamentals-based explanation for the screen alert. 

Most often, staff finds a fundamentals-based explanation for the screen alert. However, when 

the follow-up analysis fails to explain the alert, staff obtains granular transactional data to 

perform a more in-depth analysis of the specific trading behavior underlying the alert. Under 

some circumstances, DAS staff will also contact market participants for additional transactional 

details or explanations of trading activities to better understand the purpose of the transactions. 

If staff believes that the market activities underlying the screen alert could constitute 

manipulation, DAS recommends that DOI open an investigation. 

C. Electric Surveillance 

DAS analyzes and identifies anomalies and potential market manipulation in the electric 

markets by regularly accessing data from a variety of sources to screen for potentially 

manipulative behavior in the RTO/ISO and bilateral electricity markets. During FY2013, staff 

ran monthly screens that identify patterns at the hourly level by monitoring the interactions 

between physical and virtual bidding strategies and potentially benefiting payouts. In particular, 

these screens identify financial transmission rights that exist at nodes and constraints where 

market participants also trade virtuals, generate electricity, or move power between RTOs/ISOs. 

In addition, staff developed and deployed analytic tools and screens for: (1) determining 

uneconomic virtual transactions by node, zone, and constraint; (2) detecting day-ahead market 

congestion manipulation that would benefit financial transmission rights and financial swap 

positions; (3) identifying anomalies in physical offer patterns; and (4) identifying abnormal outof-market payments. 

Throughout FY2013, DAS also worked to develop and improve its surveillance capabilities 

by incorporating new data sources. DAS made extensive use of the data that the Commission 
2013 Staff Report on Enforcement 53 

began receiving from the RTOs/ISOs under Order No. 760,82 which provides DAS with a 

detailed view of market participant activity in each RTO/ISO, and the e-Tag data received 

pursuant to Order No. 771, which provides DAS with greater visibility into trading between 

markets. Staff also continued to work closely with the Market Monitoring Units of each RTO 

and ISO. 

D. Analytics 

During FY2013, DAS worked on more than 30 investigations, some of which are discussed 

above in the DOI section. Many of these investigations involve allegations of manipulation in 

the Commission-jurisdictional natural gas and electric markets or violations of tariff provisions 

that are intended to foster open, competitive markets. DAS’s activities in investigations 

generally include: (1) assessing market conditions during periods of suspected manipulation; (2) 

identifying patterns of market activity that could indicate market manipulation; (3) identifying 

time periods in which potentially manipulative activities occurred; and (4) fully reconstructing 

and analyzing companies’ trading portfolios. Upon completion of the analytical process, staff 

develops data-based explanations to inform the structure and substance of further investigation, 

settlement discussions, and Commission actions. Additionally, staff calculates the amount of 

unjust profits resulting from violations to assist with formulating a civil penalty recommendation 

under the Commission’s penalty guidelines. 

 

82 Enhancement of Electricity Market Surveillance and Analysis through Ongoing Electronic Delivery of Data from 

Regional Transmission Organizations and Independent System Operators, Order No. 760, FERC Stats. & Regs. ¶ 

31,330 (2012). This final rule amends the Commission’s regulations to require each jurisdictional RTO/ISO to 

electronically deliver to the Commission, on an ongoing basis and in a form and manner consistent with its own data 

collection and acceptable to the Commission, data related to the markets the RTOs/ISOs administer. Specifically, 

this data includes physical and virtual bids and offers, market awards, resource outputs, marginal cost estimates, 

shift factors, financial transmission rights, internal bilateral contracts, uplift, and interchange pricing. 
2013 Staff Report on Enforcement 54 

 CONCLUSION 

The information in this Report is provided to promote transparency and to encourage entities 

subject to Commission requirements to develop strong internal compliance programs. As 

discussed in this Report, Enforcement promotes compliance with the Commission’s statutes, 

rules, orders, regulations, and tariff provisions by investigating a wide variety of matters, 

auditing regulated entities for both compliance and performance issues, and actively overseeing 

the gas and electric markets to assist the Commission in ensuring reliable, efficient, and 

sustainable energy for consumers. DOI will continue to focus its efforts on keeping markets 

transparent and competitive and helping to ensure the reliability of the bulk power system. DAA 

will work closely with entities to improve compliance, while Market Oversight will examine and 

monitor the structure and operation of natural gas and electric markets. DAS will conduct 

surveillance and analyze transactional and market data to detect potential manipulation, 

anticompetitive behavior, and other anomalous activities in the energy markets. 
2013 Staff Report on Enforcement 55 

APPENDIX A: OFFICE OF ENFORCEMENT ORGANIZATION 

CHART

 
2013 Staff Report on Enforcement 56 

APPENDIX B: FY2013 CIVIL PENALTY ENFORCEMENT 

ACTIONS83 

Subject of Investigation and 

Order Date 

Total Payment Explanation of Payments and 

Compliance Plans 

Lincoln Paper and Tissue, 

LLC, 144 FERC ¶ 61,162 

(August 29, 2013) 

$5,000,000 civil 

penalty; 

$379,016 

disgorgement 

In this Order Assessing Civil Penalties, 

the Commission found Lincoln Paper 

and Tissue, LLC violated 18 C.F.R. § 

1c.2 (prohibition of electric energy 

market manipulation). Lincoln elected 

the procedures of FPA § 31(d) (3), 16 

U.S.C. § 823b(d)(3) (2006), pursuant to 

which the Commission first shall assess 

a penalty (without formal trial-type 

administrative adjudication), and then 

shall institute an action in federal 

district court to affirm the penalty 

assessment should Lincoln fail to pay 

the penalty in a timely fashion. 

Competitive Energy Services, 

LLC,

144 FERC ¶ 61,163 

(August 29, 2013) 

$7,500,000 civil 

penalty; 

$166,841 

disgorgement 

In this Order Assessing Civil Penalties, 

the Commission found Competitive 

Energy Services, LLC violated 18 

C.F.R. § 1c.2 (prohibition of electric 

energy market manipulation). CES 

elected the procedures of FPA § 31(d) 

(3), 16 U.S.C. § 823b(d)(3) (2006), 

pursuant to which the Commission first 

shall assess a penalty (without formal 

trial-type administrative adjudication), 

and then shall institute an action in 

federal district court to affirm the 

penalty assessment should CES fail to 

pay the penalty in a timely fashion. 

 

83 A list of all EPAct 2005 civil penalty orders is available at http://www.ferc.gov/enforcement/civil-penalties/civilpenalty-action.asp. 
2013 Staff Report on Enforcement 57 

Richard Silkman, 

144 FERC ¶ 61,164 PDF 

(August 29, 2013) 

$1,250,000 civil 

penalty 

In this Order Assessing Civil Penalties, 

the Commission found Richard Silkman 

violated 18 C.F.R. § 1c.2 (prohibition of 

electric energy market manipulation). 

Mr. Silkman elected the procedures of 

FPA § 31(d)(3), 16 U.S.C. § 823b(d) (3) 

(2006), pursuant to which the 

Commission first shall assess a penalty 

(without formal trial-type administrative 

adjudication), and then shall institute an 

action in federal district court to affirm 

the penalty assessment should Mr. 

Silkman fail to pay the penalty in a 

timely fashion. 

Enterprise Texas Pipeline LLC, 

144 FERC ¶ 61,156 

(August 26, 2013) 

$315,000 Civil 

Penalty; 

$7,234,539.62 

Disgorgement 

Civil penalty, disgorgement, and 

commitment to compliance measures 

resulting from violations of § 311 of the 

Natural Gas Policy Act (NGPA) and 18 

C.F.R. § 284.123 (requiring NGPA § 

311 pipelines to obtain Commission 

approval of rates). 

In Re Make-Whole Payments 

and Related Bidding Strategies 

(JPMVEC), 

144 FERC ¶ 61,068 

(July 30, 2013) 

$285,000,000 Civil 

Penalty; 

$125,000,000 

Disgorgement; 

Waiver of claims 

against CAISO 

Civil penalty, disgorgement, waiver of 

claims, and commitment to compliance 

measures resulting from violations of 18 

C.F.R. § 1c.2 (prohibition of electric 

energy market manipulation) and § 

39.2.5.c of the MISO tariff (requiring 

non-price information to reflect actual 

known physical capabilities and 

characteristics of the resource). 
2013 Staff Report on Enforcement 58 

Barclays Bank PLC, Daniel 

Brin, Scott Connelly, Karen 

Levine, and Ryan Smith, 

144 FERC ¶ 61,041 PDF 

(July 16, 2013) 

Barclays Bank 

PLC: 

$435,000,000 civil 

penalty; 

$34,900,000 

disgorgement; 

Daniel Brin: 

$1,000,000 civil 

penalty; 

Scott Connelly: 

$15,000,000 civil 

penalty; 

Karen Levine: 

$1,000,000 civil 

penalty; 

Ryan Smith: 

$1,000,000 civil 

penalty 

In this Order Assessing Civil Penalties, 

the Commission found Barclays Bank 

PLC and its individual traders Daniel 

Brin, Scott Connelly, Karen Levine and 

Ryan Smith each violated 18 C.F.R. § 

1c.2 (prohibition of electric energy 

market manipulation). Barclays and its 

individual traders have each elected the 

procedures of FPA § 31(d)(3), 16 

U.S.C. § 823b(d)(3) (2006), pursuant to 

which the Commission first shall assess 

a penalty (without formal trial-type 

administrative adjudication), and then 

shall institute an action in federal 

district court to affirm the penalty 

assessment. 

Southwest Power Pool, Inc., 

144 FERC ¶ 61,019 

(July 10, 2013) 

$50,000 Civil 

Penalty 

($25,000 to each 

FERC and NERC) 

Civil penalty and commitment to 

compliance measures resulting from 

violations of two Reliability Standards 

(IRO-015-1, Requirement R1 and EOP004-1, Requirement R3) associated with 

reliability coordination of a portion of 

the bulk power system. 

Enerwise Global Technologies, 

Inc.,

143 FERC ¶ 61,218 

(June 7, 2013)

$780,000 Civil 

Penalty; 

$20,726 

Disgorgement; 

$500,000 

Improvements 

Civil penalty, disgorgement, and 

metering and technology improvements 

resulting from violations of the PJM 

Open Access Transmission Tariff, 

Attachment DD, § 2.44, and 18 C.F.R. § 

1c.2 (prohibition of electric energy 

market manipulation). 
2013 Staff Report on Enforcement 59 

DTE Gas Company; and 

Washington 10 Storage 

Corporation, 

143 FERC ¶ 61,188 

(May 31, 2013)

DTE: $15,000 

Civil Penalty 

Washington 10: 

$725,000 Civil 

Penalty; 

$2,508,227 

Disgorgement 

DTE: Civil penalty, compliance 

improvements, and compliance 

monitoring resulting from violations of 

18 C.F.R. § 284.8(h)(2) (capacity 

release/flipping). 

Washington 10: Civil penalty, 

disgorgement, compliance 

improvements, and compliance 

monitoring resulting from violations of 

§ 311 of the NGPA, various subparts of 

18 C.F.R. §§ 284.122 (rates), 284.123 

(rates), 284.124 (disclosure), 284.126 

(reporting), and its Statement of 

Operating Conditions, related to the 

misclassification of thirty-two firm 

transportation storage and seventy-two 

Park and Loan agreements. 

Seneca Falls Power 

Corporation, 

143 FERC ¶ 61,063 

(April 23, 2013)

$150,000 Civil 

Penalty; 

$300,000 Project 

Improvements 

Civil penalty, project improvements, 

and compliance monitoring resulting 

from violations of six license provisions 

relating to procuring and maintaining 

property rights necessary to operate the 

project; monitoring wetlands; installing 

recreational facilities; maintaining 

specified water elevations; and 

installing and monitoring fish passages. 

Entergy Services, Inc.,

142 FERC ¶ 61,241 

(March 28, 2013)

$975,000 Civil 

Penalty 

Civil penalty, mitigation and 

compliance enhancement measures, and 

compliance monitoring resulting from 

violations of twenty-seven requirements 

of fifteen Reliability Standards related 

to (1) protection system maintenance; 

(2) facility ratings; (3) system modeling; 

(4) operator qualification; and (5) 

communications systems. 

Rumford Paper Company, 

142 FERC ¶ 61,218 

(March 22, 2013)

$10,000,000

Civil Penalty; 

$2,836,419.08 

Disgorgement 

Civil penalty, disgorgement, and 

commitment to compliance measures 

resulting from violations of 18 C.F.R. § 

1c.2 (prohibition of electric energy 

market manipulation). 
2013 Staff Report on Enforcement 60 

In Re PJM Up-To Congestion 

Transactions, 

142 FERC ¶ 61,088 

(February 1, 2013)

$51,000 Civil 

Penalty 

$29,563 

Disgorgement 

Civil penalty, disgorgement, and 

commitment to compliance training 

resulting from violations of 18 C.F.R. § 

1c.2 (prohibition of electric energy 

market manipulation); individual trader 

agrees to refrain from trading in 

electricity markets and products for one 

year. 

Westar Energy, Inc., 

142 FERC ¶ 61,066 

(January 25, 2013)

$420,000 Civil 

Penalty 

$1,153,836 

Disgorgement 

Civil penalty, disgorgements, and 

compliance monitoring resulting from 

violations of Southwest Power Pool’s 

OATT (§ 28.6). 

Deutsche Bank Energy Trading, 

LLC, 142 FERC ¶ 61,056 

(January 22, 2013)

$1,500,000 Civil 

Penalty 

$172,645 

Disgorgement 

Civil penalty, disgorgement, and 

compliance monitoring resulting from 

violations of 18 C.F.R. § 1c.2 

(prohibition of electric energy market 

manipulation), 18 C.F.R. § 35.41(b) 

(prohibition of submission of false or 

misleading information or the omission 

of material information), and provisions 

of the CAISO tariff. 

In re Progress Energy Florida, 

Inc., 142 FERC ¶ 61,041 

(January 16, 2013)

$80,000 Civil 

Penalty 

Civil penalty and compliance 

monitoring resulting from violations of 

18 C.F.R. § 35.10b (EQR filing 

requirements), Revised Public Utility 

Filing Requirements (Order No. 2001), 

PEF’s market based rate authority, and 

PEF’s cost based rates tariff. 

EnerNOC Inc. and Celerity 

Energy Partners LLC, 

141 

FERC ¶ 61,211 (December 17, 

2012)

$820,000 Civil 

Penalty 

$656,806 

Disgorgement 

Civil penalty, disgorgement, and 

compliance monitoring resulting from 

EnerNOC's violations of the ISO-NE 

Tariff (failing to exercise due diligence 

to prevent submission of inaccurate load 

data) and Celerity's violations of 18 

C.F.R. § 35.7 (Order No. 714), 18 

C.F.R. 35.37(a)(1) (Order No. 697) and 

its Market-Based Rate tariff. 

California Independent System 

Operator Corporation, 

141 

FERC ¶ 61,209 (December 14, 

2012)

$200,000 Civil 

Penalty 

Civil penalty and compliance 

monitoring resulting from violations of 

Reliability Standards PER-002-0, 

Requirements R1 and R3.1; TOP-002-

2a, Requirement R6; and TOP-002-2a, 

Requirement R1 
2013 Staff Report on Enforcement 61 

Alliance Pipeline LP, 

141 

FERC ¶ 61,182 (November 30, 

2012)

$500,000 Civil 

Penalty 

Civil penalty and compliance 

monitoring resulting from violations of 

18 C.F.R. § 358.4(b) (nondiscrimination requirement), 18 C.F.R. 

§ 358.6 (no conduit rule), 18 C.F.R. § 

358.7(a)(1) (transparency rule, 

contemporaneous disclosure), and § 

42.3 of its tariff. 

In re PacificCorp, 

141 

FERC ¶ 61,156 (November 28, 

2012)

$265,000 Civil 

Penalty 

Civil penalty, remedial measures, and 

compliance monitoring resulting from 

violations of 18 C.F.R. § 37.6(e)(1) 

(OASIS posting requirements) and 

PacifiCorp’s OATT (§§ 17.1 and 18.1 

and schedule 11). 

Gila River Power, LLC,

141 FERC ¶ 61,136 (November 

19, 2012)

$2,500,000 Civil 

Penalty; 

$911,553 

Disgorgement 

Civil penalty, disgorgement, and 

compliance monitoring resulting from 

violations of 18 C.F.R. § 1c.2 

(prohibition of electric energy market 

manipulation), 18 C.F.R. § 35.41(b) 

(prohibition of submission of false or 

misleading information or the omission 

of material information), and provisions 

of the CAISO tariff. 
2013 Staff Report on Enforcement 62 

APPENDIX C: FY2013 NOTICES OF ALLEGED VIOLATIONS84 

Issue Date Subject of 

Investigation 

Description of Alleged Misconduct Dates of Alleged 

Misconduct 

July 31, 

2013 

Enterprise Texas 

Pipeline LLC 

Enterprise Texas Pipeline LLC, an 

intrastate pipeline providing 

Commission-jurisdictional interstate 

transportation services, is alleged to 

have violated § 311 of the Natural 

Gas Policy Act (NGPA), 18 C.F.R. § 

284.123, and the company’s 

Commission-approved Statement of 

Operating Conditions (SOC), by 

charging a title transfer tracking fee 

without Commission authorization. 

The conduct occurred 

between 2004 and 

August 2012. 

July 29, 

2013 

In Re Make-Whole 

Payments and 

Related Bidding 

Strategies 

(JPMVEC) 

JP Morgan Ventures Energy 

Corporation (JPMVEC) is alleged to 

have violated the Commission’s 

Prohibition of Electric Energy 

Market Manipulation, 18 C.F.R. § 

1c.2 (2013) by engaging in eight 

manipulative bidding strategies in 

CAISO and MISO through strategies 

designed to improperly obtain 

payments at above-market rates. In 

addition, JPMVEC is alleged to have 

violated § 39.2.5.c of the MISO tariff 

(requiring non-price information to 

reflect actual known physical 

capabilities and characteristics of the 

resources). 

The conduct at issue 

occurred during the 

2010-2011 time 

period. 

July 3, 

2013 

Erie Boulevard 

Hydropower, LP 

Staff alleges the following violations 

of Part 12: (1) on September 28, 

2010, the NSCC operator failed to 

sound, within a reasonable time and 

given the existing circumstances, 

Varick’s Fishermen Alert System 

(FAS) when an increased spillage of 

water over the Varick dam was 

imminent, after the traveling operator 

successfully brought on-line three 

generator units at High Dam; (2) Erie 

May 28, 2010 – June 

22, 2011 

 

84 A list of all notices of alleged violations is available at http://www.ferc.gov/enforcement/allegedviolation/notices.asp. 
2013 Staff Report on Enforcement 63 

failed to report to FERC’s New York 

Regional Engineer that the Varick 

public safety camera was not 

working; (3) Erie failed to repair 

within a reasonable time the camera, 

monitoring fishermen in Varick’s 

tailrace area; (4) Erie failed to report 

to FERC’s New York Regional 

Engineer that Varick’s staggeredheight flashboards were in partial 

failure; (5) Erie failed to file 

requested information on the 

condition of Varick’s staggeredheight flashboards; (6) Erie failed to 

repair or replace, within a reasonable 

time and given the existing 

circumstances, staggered-height 

flashboards at Varick; (7) the NSCC 

operator monitoring Varick on 

September 28, 2010, routinely failed 

to utilize his monitor to view 

fishermen in Varick’s tailrace; and, 

(8) Erie failed to adequately train on 

the FAS or public safety the NSCC 

operator monitoring Varick on 

September 28, 2010. This notice does 

not confer a right on third parties to 

intervene in the investigation or any 

other right with respect to the 

investigation. 

June 6, 

2013 

Enerwise Global 

Technologies, Inc. 

Enerwise is alleged to have violated 

the PJM Open Access Transmission 

Tariff, Attachment DD, § 2.44 by 

registering a demand response 

customer, the Maryland Stadium 

Authority (MSA), for a load 

reduction amount it knew MSA could 

not reliably achieve. Enerwise is 

further alleged to have violated the 

Commission’s Anti-Manipulation 

Rule, 18 C.F.R. § 1c.2, by registering 

MSA for an improper load reduction 

amount, instructing MSA to 

artificially increase its electric load 

prior to an August 2009 PJM test 

event in order to demonstrate a larger 

load reduction, and taking actions to 

misrepresent to PJM the functionality 

of MSA’s back-up generators. 

The conduct at issue 

occurred during the 

2009-2010 time 

period. 
2013 Staff Report on Enforcement 64 

January 18, 

2013 

Michigan 

Consolidated Gas 

Company and 

Washington 10 

Storage 

Corporation 

(i) Michigan Consolidated Gas 

Company is alleged to have engaged 

in capacity release transactions 

without posting them and in 

“flipping,” in violation of 18 C.F.R. § 

284.8(h)(2); and (ii)Washington 10 

Storage Corporation is alleged to 

have misclassified certain firm 

transportation storage contracts as 

intrastate rather than interstate, 

misclassified certain Park and Loan 

contracts as intrastate rather than 

interstate, failed to identify the 

misidentified interstate contracts in 

semi-annual reports, and failed to file 

annual reports reflecting hub service, 

in violation of NGPA § 311, various 

subparts of §§ 284.122, 284.123, 

284.124 and 284.126 of the 

Commission’s Regulations and 

Washington 10’s SOC. 

(i) Michigan 

Consolidated Gas 

Company alleged acts 

occurred in various 

months from 2001 

through 2006; and 

(ii) Washington 10 

Storage Corporation 

alleged acts 

collectively occurred 

from October 2003 to 

November 2007. 

January 15, 

2013 

Seneca Falls Power 

Corporation 

The licensee failed to comply with 

multiple license requirements, 

including procuring property rights 

needed to operate the project; 

studying and monitoring wetlands; 

maintaining mandated water 

elevation requirements; installing fish 

passages approved by relevant 

regulatory agencies; failed and 

installing required recreational 

facilities. 

Varying durations up 

to seven years, 

including for certain 

violations that remain 

ongoing. 

December 

14, 2012 

EnerNOC, Inc. and 

Celerity Energy 

Partners LLC 

EnerNOC submitted inaccurate data 

for settlement for five demand 

response assets in ISO-NE, in 

violation of the ISO-NE tariff. 

Celerity failed to comply with two 

Commission filing requirements and 

its Market-Based Rate tariff. 

January 2009–June 

2012 

December 

4, 2012 

Oceanside Power, 

LLC 

Trades in PJM Up-To Congestion 

products that was not expected to 

earn a profit after payment of 

transaction costs, where purpose of 

these trades was to schedule 

transmission and thereby recover 

July–August 2010
2013 Staff Report on Enforcement 65 

Marginal Loss Surplus Allocation 

payments. 

November 

20, 2012 

Entergy Services, 

Inc. 

Alleged violations of 33 requirements 

of 16 Mandatory Reliability 

Standards approved by the 

Commission by failing to adequately 

perform functions required for the 

reliable operation of the transmission 

system. 

The violations began 

in June 2007. Some 

ended in October 

2010; others are 

ongoing. 

November 

14, 2012 

Gila River Power 

LLC 

Alleged violations of 18 C.F.R. § 

35.41(b) and 18 C.F.R. § 1c.2 by 

scheduling transactions in the 

California Independent System 

Operator Corporation (CAISO) 

markets that did not meet tariff 

requirements and that benefitted 

other energy transactions in the 

CAISO markets. 

July 2009–October 

2010 

October 

26, 2012 

Alliance Pipeline 

L.P. 

In advance of publishing 

transmission information relevant to 

upcoming capacity auction, pipeline 

provided the same to its affiliate in 

violation of the non-discrimination, 

no-conduit, and transparency 

provisions of the Standards of 

Conduct regulation. Affiliate 

participated in auction in a manner 

violating the pipeline’s own auction 

rules and tariff. 

May 2010 

October 1, 

2012 

Florida Power 

Corporation d/b/a 

Progress Energy 

Florida (PEF) 

Alleged violations of § 205 of the 

FPA and the Commission’s order 

granting Market-Based Rate 

authority, specifically the 

misreporting of 1,300 transactions 

and the execution of 11 transactions 

at rates in excess of those permitted 

under PEF’s cost-based rate tariffs. 

2004–2009