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FERC Enforcement Actions After Chairman’s Abrupt Exit and Lack of Quorum: Insights from Nutter’s Matt Connolly

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| Legal Update

Matt Connolly, a senior associate in Nutter’s Litigation Department, evaluated Federal Energy Regulatory Commission (FERC) enforcement actions in the wake of Chairman Norman Bay’s resignation in Nutter Insights. Matt addressed the impact of having only two members on FERC enforcement proceedings, if the appointment of Commissioner Cheryl LaFleur as Acting FERC Chairman will change what FERC investigates or the conduct of its investigations, and how Bay’s departure affects recent enforcement activities. According to Matt, with only two commissioners, FERC lacks a quorum to issue major orders and take certain actions, including in enforcement matters. A lack of quorum would only worsen an already lengthy investigation process [and any] ongoing investigations nearing the limitations period may be imperiled by a protracted confirmation process to appoint a third commissioner.

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