FERC Investigations: Uncertainty Rules as More Entities Challenge in Federal Court: Insights from Nutter’s Matt ConnollyPrint PDF
Matt Connolly, a senior associate in Nutter’s Litigation Department, addressed Federal Energy Regulatory Commission (FERC) investigations in Nutter Insights. Matt discussed what triggers a FERC investigation and what the process entails, potential pitfalls that companies may encounter in the investigation process, how participants can challenge a penalty, and current trends in Enforcement activities. According to Matt, two federal courts recently held, over FERC’s objections, that de novo review of a FERC enforcement action entitles defendants to the full benefit of the Federal Rules of Civil Procedure. This likely means that a company may seek discovery from FERC and third parties, take depositions, cross-examine witnesses, and have its case determined by a jury.