FERC And Electric Reliability Enforcement

Law360, New York (November 10, 2008, 12:00 AM EST) -- The Energy Policy Act of 2005 gave the Federal Energy Regulatory Commission (FERC) jurisdiction over electric reliability for the first time. Since that time, FERC has certified the electric reliability organization (NERC) and eight regional entities, approved a self-regulatory enforcement structure, and approved (subject to modification) nearly 100 mandatory reliability standards.

The next phase is enforcement. And it may prove the most difficult phase. 1,400 violations are pending, some of them potentially serious. This article discusses three enforcement issues that will arise during this phase: (i)...
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