Energy Practice Update: There's a New Sheriff in Town: FERC Imposes Civil Penalties for the First Time Under its EPAct Enforcement Authority
9 February 2007
Mayer Brown Newsletter
9 February 2007 - The Energy Policy Act of 2005 (EPAct) significantly expanded the Federal Energy Regulatory Commission's (FERC) power to enforce the Federal Power Act (FPA), the Natural Gas Act (NGA), and the Natural Gas Policy Act (NGPA), and the rules, regulations and orders promulgated thereunder. Specifically, EPAct gave FERC the "teeth" it needs to enforce the statutes it administers by increasing the civil penalties that it may impose on a regulated company from a maximum of $10,000 per day to a maximum of $1,000,000 per day. See 16 USCA § 825o-1; 15 USCA § 717t-1; and 15 USCA § 3414.