FERC Approves Civil Penalties for Alleged Violations of CAISO and PJM Market Rules

On March 28, 2022 and March 29, 2022, FERC issued two orders approving stipulation and consent agreements between FERC’s Office of Enforcement and Dynergy Marketing and Trade, LLC (“Dynergy”) and Constellation NewEnergy Inc. (“Constellation”), respectively. Among other things, Dynergy agreed to pay a $ 450,000 civil penalty for alleged violations of PJM Interconnection LLC (“PJM”) capacity tariff requirements and Constellation agreed to pay a $ 2.4 million civil penalty for alleged violations of California Independent System Operator (“CAISO”) resource adequacy … Read the rest

Executives Beware: DOJ Antitrust Division is Taking a Hard Look at a Wide Spectrum of Potential Criminal Violations

On March 2, Deputy Assistant Attorney General Richard Powers laid out a significant and aggressive criminal enforcement agenda for the Antitrust Division of the Department of Justice. While speaking at the the ABA National Institute on White Collar Crime in San Francisco, CA, Powers began his remarks by noting that the Division’s Criminal Section currently had 18 indicted cases against 10 companies and 42 individuals, including 8 CEOs or Presidents. DAAG Powers also noted that the Section had 146 open … Read the rest