Assessing FERC's New 'Notice Of Violation' Strategy

Law360, New York (December 22, 2009, 12:55 PM EST) -- In the first significant policy action under new Enforcement Director Norman C. Bay, the Federal Energy Regulatory Commission recently introduced a notice procedure designed to increase the transparency and disclosure of FERC enforcement investigations.

Under this new procedure, FERC will now publicly release the identity, alleged conduct and claimed violations underlying FERC's investigations through a "Notice of Violation," which will be issued after the institution of an enforcement investigation.

The effect of the new policy is that FERC investigations will now be made public at an...
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