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FERC Issues Revised Policy Statement on Enforcement

On May 15, 2008, FERC issued a Revised Policy Statement on Enforcement (Revised Policy Statement) to provide guidance to the regulated community as to the Commission’s enforcement policies concerning its governing statutes, regulations, and orders.  The Revised Policy Statement provides a fuller picture as to how the Commission’s investigative process works, including the considerations FERC Enforcement Staff takes into account in determining whether to open an investigation and, once opened, whether to close it without further action or to recommend sanctions.  The Revised Policy Statement, supersedes the Commission’s 2005 Policy Statement on Enforcement, however the 2005 Policy Statement on Enforcement contains still-relevant discussions on the enforcement policies of other agencies and the considerations the Commission looked to in developing the policies set forth in its Revised Policy Statement.  To view the Commission’s Revised Policy Statement on Enforcement, click here.