There are so many interesting issues that I’d like to post on, but like the Commission, I’ll be taking an August recess – part work, part play. I’ll see you back here in September!
On July 8, I attended FERC’s compliance workshop which was, surprisingly filled to overflowing. While I applaud FERC for all of its outreach efforts, in enforcement and all other matters, quite honestly, I don’t see the use for panels like these since folks are often reluctant to address the really tricky issues. For example, at Tuesday’s event, all of the panelists deflected questions about the relationship of FERC’s enforcement jurisdiction to that of other agencies such as the CFTC.
This particular program lasted three hours, actually an hour under schedule As far as I could tell, it didn’t even need to last that long since Commissioner Mohler was able to summarize the key points in a five minute closing statement.
For those who missed the conference, which wasn’t transcribed, here’s the takeaway:
According to industry representatives on the panels, the key features of an effective compliance are buy-in from the top, adequate employeee training that avoids the problem of “training fatigue” and visibility and accessibility of compliance staff.
As for what FERC can do, panelists believed that the FERC help desk represented a good start. But panelists also asked FERC to provide more guidance on its priorities and additional clarity when interpreting how it will enforce its regulations. At least one panelist expressed a desire for FERC to create a matrix, similar to the one designed by NERC, that lists violations and the corresponding degree of seriousness. One attendee expressed that the RTOs take inconsistent positions on their willingness to offer compliance guidance or interpret their regulations, and asked FERC to work with the RTOs to help establish consistent practices.
FERC left the record open for two weeks to accept additional written comments.
My name is Carolyn Elefant, owner of the Law Offices of Carolyn Elefant in Washington D.C. and I do FERC Fights. Whether a matter requires an appeal of a FERC ruling in federal circuit court, a request for rehearing, a vigorous defense in an enforcement action, the pursuit of a refund or general protection of interests in a FERC proceeding, I act as a tenacious, thorough and persistent advocate for my clients.
For more information, contact me at carolynelefant@fercfights.com or loce@his.com 
