FERC Issues Order on Review of Notice of Penalty for US Army Corps of Engineers

On December 16, 2010, in Docket No. NP10-160, FERC issued an Order on Review of a Notice of Penalty for the United States Army Corps of Engineers, Tulsa District (“Army Corps”).  In its Order, the Commission permitted the zero dollar penalties for which the Army Corps had sought review, to be effective as of the date of issuance of the order.  FERC also affirmed its prior decision in the 2009 Jurisdictional Order that federal agencies are required to adhere to mandatory Reliability Standards under section 215 of the Federal Power Act.  Finally, it found that, in light of the zero dollar penalties imposed, the question of whether federal entities are subject to monetary penalties for violations need not be addressed in this proceeding. To view the FERC order, click here.