FERC issues 2010 enforcement report

By By Kenneth W. Irvin, Mustafa Ostrander and Elizabeth P. Philpott, McDermott Will & Emery, LLP


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Just recently, the Federal Energy Regulatory Commission FERC Office of Enforcement issued the 2010 Report on Enforcement. The annual report provides an overview of enforcement activities during the fiscal year 2010 FY2010 and statistics on the activities of the three divisions within the Office of Enforcement: Investigations, Audits and Energy Market Oversight.

The report provides an interesting and important window into otherwise non-public enforcement activities. It also identifies the priorities for 2011.

The report first notes FERCÂ’s efforts in FY2010 to further its goal of transparency with the issuance of the guidelines for calculating penalties, the order regarding notices of alleged violations and the announcement of the policy to disclose exculpatory materials to persons and entities under investigation.

One key element is the report describes all the self-reports and investigations over the past year. Enforcement staff received 93 self-reports in FY2010, down from 122 in FY2009. They closed 54 self-reports after an initial review, while 39 self-reports are pending initial review. Staff received self-reports from a variety of market participants, though they received an increasing number of self-reports from regional transmission organizations RTOs and independent system operators ISOs in FY2010.

Enforcement staff expects to see an upward trend in self-reports, especially due to the credit for self-reporting under recently issued penalty guidelines. The largest category of self-reports was for Tariff or Open Access Tariff violations. Self-reports of open access violations decreased, however, because natural gas companies have increased compliance efforts to prevent capacity release violations.

The report also provides some insight into the reasons why enforcement staff decides not to pursue enforcement action for certain self-reports, including these factors:

• Prohibited transactions were not actually executed

• No harm to the market or to any parties

• Violation was isolated, inadvertent or unlikely to reoccur

• Company took remedial action or instituted remedial measures to ensure future compliance action

• Company submitted a prompt self-report

• Company already paid penalties

• No indication of fraudulent behavior by the company, past wrongdoing or senior management involvement

• Compliance program provided adequate training regarding subject matter of violation.

Enforcement staff opened more non-self-reported investigations in FY2010 15 than FY2009 10. Most of the investigations addressed tariff violations, but the suspected violations also involved market manipulation, market-based rate violations and reliability standards violations. The potential misconduct was referred to staff by a variety of sources, including RTO and ISO market-monitoring units, other divisions within the Office of Enforcement, other offices within FERC and a call to the Office of Enforcement Hotline.

One closed investigation of note involved an inquiry by staff into whether certain entities trading natural gas futures contracts on NYMEX manipulated the settlement price through their trading during the 30-minute final settlement period. That shows FERC continues to see its anti-manipulation jurisdiction extend to activities outside of the physical electricity and natural gas markets, which activities affect those markets.

Enforcement staff, however, closed fewer investigations in FY2010 16 than FY2009 36. Similarly, staff concluded fewer investigations in FY2010 through settlement. Yet, it is noted that more investigations resulted in enforcement staff finding a violation and not assessing sanctions.

The report provides illustrations of investigations that were closed in which enforcement staff found a violation, but did not take any enforcement action. Staff explained it took into account the following considerations when deciding not to pursue enforcement action:

• Violations were inadvertent and infrequent

• Substantial compliance by the company

• No unjust profits retained by the company

• Company increased and improved training procedures

• Company modified compliance protocols.

Six investigations were resolved by way of an enforcement settlement in FY2010 compared to 22 in FY2009. According to the report, settlements decreased this year due to an increased focus on reliability and market manipulation cases. Half of the six settlement agreements involved violations of natural gas pipeline open access transportation requirements.

For 2011, the Office of Enforcement intends to maintain its focus on matters involving fraud and market manipulation, serious violations of reliability standards, anticompetitive conduct and conduct that threatens the transparency of regulated markets.

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COVID-19 Response: Electric Power Industry Closely Coordinating With Federal Partners

ESCC COVID-19 Response coordinates utilities, public power, and cooperatives to protect the energy grid and electricity reliability, aligning with DOE, DHS, CDC, FERC, and NERC on continuity of operations, mutual assistance, and supply chain resilience.

 

Key Points

An industry government effort ensuring reliability, operations continuity and supply chain stability during COVID-19.

✅ Twice weekly ESCC calls align DOE, DHS, HHS, CDC, FERC, NERC priorities.

✅ Focus on control centers, generation, quarantine access, mutual aid.

✅ Resource Guide supports localized decisions and supply chain resilience.

 

The nation’s investor-owned electric companies, public power utilities, and electric cooperatives are working together to protect the energy grid as the U.S. grid addresses COVID-19 challenges and ensure continued access to safe and reliable electricity during the COVID-19 global health crisis.

The electric power industry has been planning for years, including extensive disaster planning across utilities, for an emergency like the COVID-19 pandemic, as well as countless other types of emergencies, and the industry is coordinating closely with government partners through the Electricity Subsector Coordinating Council (ESCC) to ensure that organizations have the resources they need to keep the lights on.

The ESCC is holding high-level coordination calls twice a week with senior leadership from the Departments of Energy, Homeland Security, and Health and Human Services, the Centers for Disease Control and Prevention, the Federal Energy Regulatory Commission, and the North American Electric Reliability Corporation. These calls help ensure that industry and government work together to resolve any challenges that arise during this health emergency and that electricity remains safe for customers.

“Electricity and the energy grid are indispensable to our society, and one of our greatest strengths as an industry is our ability to convene and adapt quickly to changing circumstances and challenging events,” said Edison Electric Institute President Tom Kuhn. “Our industry plans for all types of contingencies, with examples such as local response planning, and strong industry-government coordination and cross-sector collaboration are critical to our planning and response. We appreciate the ongoing leadership and support of our government partners as we all respond to COVID-19 and power through this crisis together.”

The ESCC quickly mobilized and established strategic working groups dedicated to identifying and solving for short-, medium-, and long-term issues facing the industry during the COVID-19 pandemic, with utilities implementing necessary precautions to maintain service across regions.

The five current areas of focus are:

1. Continuity of operations at control centers, including on-site staff lockdowns when needed
2. Continuity of operations at generation facilities
3. Access to, and operations in, restricted or quarantined areas
4. Protocols for mutual assistance
5. Supply chain challenges

“The electric power industry has taken steps to prepare for the evolving coronavirus challenges, while maintaining our commitment to the communities we serve, including customer relief efforts announced by some providers,” said National Rural Electric Cooperative Association CEO Jim Matheson. “We have a strong track record of preparing for many kinds of emergencies that could impact the ability to generate and deliver electricity. While planning for this situation is unique from other business continuity planning, we are taking actions to prepare to operate with a smaller workforce, potential disruptions in the supply chain, and limited support services for an extended period of time.”

The ESCC has developed a COVID-19 Resource Guide linked here and available at electricitysubsector.org. This document was designed to support electric power industry leaders in making informed localized decisions in response to this evolving health crisis. The guide will evolve as additional recommended practices are identified and as more is learned about appropriate mitigation strategies.

“The American Public Power Association (APPA) continues to work with our communityowned public power members and our industry and government partners to gather and share upto-date information, best practices, and guidance to support them in safely maintaining operational integrity,” said APPA CEO Joy Ditto.

 

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Volkswagen's German Plant Closures

VW Germany Plant Closures For EV Shift signal a strategic realignment toward electric vehicles, sustainability, and zero-emission mobility, optimizing manufacturing, cutting ICE capacity, boosting battery production, retraining workers, and aligning with the Accelerate decarbonization strategy.

 

Key Points

VW is shuttering German plants to cut ICE costs and scale EV output, advancing sustainability and competitiveness.

✅ Streamlines operations; reallocates capital to EV platforms and batteries.

✅ Cuts ICE output, lowers emissions, and boosts clean manufacturing capacity.

✅ Retrains workforce amid closures; invests in software and charging tech.

 

Volkswagen (VW), one of the world’s largest automakers, is undergoing a significant transformation with the announcement of plant closures in Germany. As reported by The Guardian, this strategic shift is part of VW’s broader move towards prioritizing electric vehicles (EVs) and adapting to the evolving automotive market as EVs reach an inflection point globally. The decision highlights the company’s commitment to sustainability and innovation amid a rapidly changing industry landscape.

Strategic Plant Closures

Volkswagen’s decision to close several of its plants in Germany marks a pivotal moment in the company's history. These closures are part of a broader strategy to streamline operations, reduce costs, and focus on the production of electric vehicles. The move reflects VW’s response to the growing demand for EVs and the need to transition from traditional internal combustion engine (ICE) vehicles to cleaner, more sustainable alternatives.

The affected plants, which have been key components of VW’s manufacturing network, will cease production as the company reallocates resources and investments towards its electric vehicle programs. This realignment is aimed at improving operational efficiency and ensuring that VW remains competitive in a market that is increasingly oriented towards electric mobility.

A Shift Towards Electric Vehicles

The closures are closely linked to Volkswagen’s strategic shift towards electric vehicles. The automotive industry is undergoing a profound transformation as governments and consumers place greater emphasis on sustainability and reducing carbon emissions. Volkswagen has recognized this shift and is investing heavily in the development and production of EVs as part of its "Accelerate" strategy, anticipating widespread EV adoption within a decade across key markets.

The company’s commitment to electric vehicles is evident in its plans to launch a range of new electric models and increase production capacity for EVs. Volkswagen aims to become a leader in the electric mobility sector by leveraging its technological expertise and scale to drive innovation and expand its EV offerings.

Economic and Environmental Implications

The closure of VW’s German plants carries both economic and environmental implications. Economically, the move will impact the workforce and local economies dependent on these manufacturing sites. Volkswagen has indicated that it will work on providing support and retraining opportunities for affected employees, as the EV aftermarket evolves and reshapes service needs, but the transition will still pose challenges for workers and their communities.

Environmentally, the shift towards electric vehicles represents a significant positive development. Electric vehicles produce zero tailpipe emissions, which aligns with global efforts to combat climate change and reduce air pollution. By focusing on EV production, Volkswagen is contributing to the reduction of greenhouse gas emissions and supporting the transition to a more sustainable transportation system.

Challenges and Opportunities

While the transition to electric vehicles presents opportunities, it also comes with challenges. Volkswagen will need to manage the complexities of closing and repurposing its existing plants while ramping up production at new or upgraded facilities dedicated to EVs. This transition requires substantial investment in new technologies, infrastructure, and training, including battery supply strategies that influence manufacturing footprints, to ensure a smooth shift from traditional automotive manufacturing.

Additionally, Volkswagen faces competition from other automakers that are also investing heavily in electric vehicles, including Daimler's electrification plan outlining the scope of its transition. To maintain its competitive edge, VW must continue to innovate and offer attractive, high-performance electric models that meet consumer expectations.

Future Outlook

Looking ahead, Volkswagen’s focus on electric vehicles aligns with broader industry trends and regulatory pressures. Governments worldwide are implementing stricter emissions regulations and providing incentives for EV adoption, although Germany's plan to end EV subsidies has sparked debate domestically, creating a favorable environment for companies that are committed to sustainability and clean technology.

Volkswagen’s investment in electric vehicles and its strategic realignment reflect a proactive approach to addressing these trends. The company’s ability to navigate the challenges associated with plant closures and the transition to electric mobility will be critical, especially as Europe's EV slump tests demand signals, in determining its success in the evolving automotive landscape.

Conclusion

Volkswagen’s decision to close several plants in Germany and focus on electric vehicle production represents a significant shift in the company’s strategy. While the closures present challenges, they also highlight Volkswagen’s commitment to sustainability and its response to the growing demand for cleaner transportation solutions. By investing in electric vehicles and adapting its operations, Volkswagen aims to lead the way in the transition to a more sustainable automotive future. As the company moves forward, its ability to effectively manage this transition will be crucial in shaping its role in the global automotive market.

 

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Wall Street Backs Rick Perry’s $19 Billion Data Center Venture

Wall Street backs Rick Perry’s $19 billion nuclear-powered data center venture, Fermi America, combining nuclear energy, AI infrastructure, and data centers to meet soaring electricity demand and attract major investors betting on America’s clean energy technology future.

 

What is "Wall Street Backs Rick Perry’s $19 Billion Nuclear-Powered Data Center Venture”?

Wall Street is backing Rick Perry’s $19 billion nuclear-powered data center venture because it combines the explosive growth of AI with the promise of clean, reliable nuclear energy.

✅ Addresses AI’s massive power demands with nuclear generation

✅ Positions Fermi America as a pioneer in energy-tech convergence

✅ Reflects investor confidence in long-term clean energy solutions

Former Texas Governor and U.S. Energy Secretary Rick Perry has returned to the energy spotlight, this time leading a bold experiment at the intersection of nuclear power and artificial intelligence. His startup, Fermi America, headquartered in Amarillo, Texas, went public this week with an initial valuation of $19 billion after its shares surged 55 percent above the opening price on the first day of trading.

The company aims to tackle one of the most pressing challenges in modern technology: the staggering energy demand of AI data centers. “Artificial intelligence, which is getting more and more embedded in all parts of our lives, the servers that host the data for artificial intelligence are stored in these massive warehouses called data centers,” said Houston Chronicle energy reporter Claire Hao. “And data centers use a ton of electricity.”

Fermi America’s plan, Hao explained, is as ambitious as it is unconventional. Fermi America has a proposal to build what it claims will be the world’s largest data center, powered by what it asserts will be the country’s largest nuclear complex. So very ambitious plans.”

According to the company’s roadmap, Fermi aims to bring its first mega reactor online by 2032, followed by three additional large reactors. In the meantime, the firm intends to integrate natural gas and solar energy by the end of next year to support early-stage operations.

While much of the energy sector’s attention has turned toward small modular reactors, Fermi’s approach focuses on traditional large-scale nuclear technology. “What Fermi is talking about building are large traditional reactors,” Hao said. “These very large traditional reactors are a tried and true technology. But the nuclear industry has a history of taking a very long time to build them, and they are also very expensive to build.” She noted that the most recent example, completed in 2023 by a Georgia utility, came in $17 billion over budget and several years late.

To mitigate such risks, Fermi has recruited specialists with international experience. “They’ve hired folks that have successfully built these projects in China and in other countries where it has been a lot smoother to build these,” Hao said. “Fermi wants to try to make it a quicker process.”

Perry’s involvement lends both visibility and controversy. In addition to co-founding the company, Griffin Perry, his son, plays a role in its management. The firm has hinted that it might even name reactors after former President Donald Trump, under whom Perry served as Secretary of Energy. Perry has framed the project as part of a national effort to regain technological ground. “He really wants to help the U.S. catch up to countries like China when it comes to delivering nuclear power for the AI race,” Hao explained. “He says we’re already behind.”

Despite the fanfare, Fermi America is still a fledgling enterprise. Founded in January and announced publicly in June, the company reported a $6.4 million loss in the first half of the year and has yet to generate any revenue. Still, its IPO exceeded expectations, opening at $21 a share and closing above $32 on the first day.

“I think that just shows there’s a lot of hype on Wall Street around artificial intelligence-related ventures,” Hao said. “Fermi, in the four months since it announced itself as a company, has found a lot of different ways to grab people’s attention.”

For now, the project represents both a technological gamble and a test of investor faith — a fusion of nuclear ambition and AI optimism that has Wall Street watching closely.

 

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Energy-hungry Europe to brighten profit at US solar equipment makers

European Solar Inverter Demand surges as photovoltaics and residential solar expand during the clean energy transition, driven by high natural gas prices; Germany leads, boosting Enphase and SolarEdge sales for rooftop systems and grid-tied installations.

 

Key Points

Rising European need for solar inverters, fueled by residential PV growth, high energy costs, and clean energy policies.

✅ Germany leads EU rooftop PV installations

✅ Enphase and SolarEdge see revenue growth

✅ High gas prices and policies spur adoption

 

Solar equipment makers are expected to post higher quarterly profit, benefiting from strong demand in Europe for critical components that convert energy from the sun into electricity, amid record renewable momentum worldwide.

The continent is emerging as a major market for solar firms as it looks to reduce its dependence on the Russian energy supply and accelerate its clean energy transition, with solar already reshaping power prices in Northern Europe across the region, brightening up businesses of companies such as Enphase Energy (ENPH.O) and SolarEdge Technologies (SEDG.O), which make solar inverters.

Wall Street expects Enphase and SolarEdge to post a combined adjusted net income of $323.8 million for the April-June quarter, a 56.7% jump from a year earlier, even as demand growth slows in the United States.

The energy crisis in Europe is not as acute as last year when Western sanctions on Russia severely crimped supplies, but prices of natural gas and electricity continue to be much higher than in the United States, Raymond James analyst Pavel Molchanov said.

As a result, demand for residential solar keeps growing at a strong pace in the region, with Germany being one of the top markets and solar adoption in Poland also accelerating in recent years across the region.

About 159,000 residential solar systems became operational in the first quarter in Germany amid a solar power boost that reflects policy and demand, a 146% rise from a year earlier, according to BSW solar power association.

Adoption of solar is also helping European homeowners have greater control over their energy costs as fossil fuel prices tend to be more volatile, Morningstar analyst Brett Castelli said.

SolarEdge, which has a bigger exposure to Europe than Enphase, said its first-quarter revenue from the continent more than doubled compared with last year.

In comparison, growth in the United States has been tepid due to lukewarm demand in states like Texas and Arizona where cheaper electricity prices make the economics of residential solar less attractive, even though solar is now cheaper than gas in parts of the U.S. market.

Higher interest rates following the U.S. Federal Reserve's recent actions to tame inflation are also weighing on demand, even as power outage risks rise across the United States.

Analysts also expect weakness in California where a new metering reform reduces the money credited to rooftop solar owners for sending excess power into the grid, underscoring how policy shifts can reshape the sector. The sunshine state accounts for nearly a third of the U.S. residential solar market.

Enphase will report its results on Thursday after the bell, while SolarEdge will release its second-quarter numbers on Aug. 1.

 

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IAEA reactor simulators get more use during Covid-19 lockdown

IAEA Nuclear Reactor Simulators enable virtual nuclear power plant training on IPWR/PWR systems, load-following operations, baseload dynamics, and turbine coupling, supporting advanced reactor education, flexible grid integration, and low-carbon electricity skills development during remote learning.

 

Key Points

IAEA Nuclear Reactor Simulators are tools for training on reactor operations, safety, and flexible power management.

✅ Simulates IPWR/PWR systems with real-time parameter visualization.

✅ Practices load-following, baseload, and grid flexibility scenarios.

✅ Supports remote training on safety, controls, and turbine coupling.

 

Students and professionals in the nuclear field are making use of learning opportunities during lockdown made necessary by the Covid-19 pandemic, drawing on IAEA low-carbon electricity lessons for the future.

Requests to use the International Atomic Energy Agency’s (IAEA’s) basic principle nuclear reactor simulators have risen sharply in recent weeks, IAEA said on 1 May, as India takes steps to get nuclear back on track. New users will have the opportunity to learn more about operating them.

“This suite of nuclear power plant simulators is part of the IAEA education and training programmes on technology development of advanced reactors worldwide. [It] can be accessed upon request by interested parties from around the world,” said Stefano Monti, head of the IAEA’s Nuclear Power Technology Development Section.

Simulators include several features to help users understand fundamental concepts behind the behaviour of nuclear plants and their reactors. They also provide an overview of how various plant systems and components work to power turbines and produce low-carbon electricity, while illustrating roles beyond electricity as well.

In the integral pressurised water reactor (IPWR) simulator, for instance, a type of advanced nuclear power design, users can navigate through several screens, each containing information allowing them to adjust certain variables. One provides a summary of reactor parameters such as primary pressure, flow and temperature. Another view lays out the status of the reactor core.

The “Systems” screen provides a visual overview of how the plant’s main systems, including the reactor and turbines, work together. On the “Controls” screen, users can adjust values which affect reactor performance and power output.

This simulator provides insight into how the IPWR works, and also allows users to see how the changes they make to plant variables alter the plant’s operation. Operators can also perform manoeuvres similar to those that would take place in the course of real plant operations e.g. in load following mode.

“Currently, most nuclear plants operate in ‘baseload’ mode, continually generating electricity at their maximum capacity. However, there is a trend of countries, aligned with green industrial revolution strategies, moving toward hybrid energy systems which incorporate nuclear together with a diverse mix of renewable energy sources. A greater need for flexible operations is emerging, and many advanced power plants offer standard features for load following,” said Gerardo Martinez-Guridi, an IAEA nuclear engineer who specialises in water-cooled reactor technology.

Prospective nuclear engineers need to understand the dynamics of the consequences of reducing a reactor’s power output, for example, especially in the context of next-generation nuclear systems and emerging grids, and simulators can help students visualise these processes, he noted.

“Many reactor variables change when the power output is adjusted, and it is useful to see how this occurs in real-time,” said Chirayu Batra, an IAEA nuclear engineer, who will lead the webinar on 12 May.

“Users will know that the operation is complete once the various parameters have stabilised at their new values.”

Observing and comparing the parameter changes helps users know what to expect during a real power manoeuvre, he added.

 

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EPA: New pollution limits proposed for US coal, gas power plants reflect "urgency" of climate crisis

EPA Power Plant Emissions Rule proposes strict greenhouse gas limits for coal and gas units, leveraging carbon capture (CCS) under the Clean Air Act to cut CO2 and accelerate decarbonization of the U.S. grid.

 

Key Points

A proposed EPA rule setting CO2 limits for coal and gas plants, using CCS to cut power-sector greenhouse gases.

✅ Applies to existing and new coal and large gas units

✅ Targets near-zero CO2 by 2038 via CCS or retirement

✅ Cites grid, health, and climate benefits; faces legal challenges

 

The Biden administration has proposed new limits on greenhouse gas emissions from coal- and gas-fired power plants, its most ambitious effort yet to roll back planet-warming pollution from the nation’s second-largest contributor to climate change.

A rule announced by the Environmental Protection Agency could force power plants to capture smokestack emissions using a technology that has long been promised but is not used widely in the United States, and arrives amid changes stemming from the NEPA rewrite that affect project reviews.

“This administration is committed to meeting the urgency of the climate crisis and taking the necessary actions required,″ said EPA Administrator Michael Regan.

The plan would not only “improve air quality nationwide, but it will bring substantial health benefits to communities all across the country, especially our front-line communities ... that have unjustly borne the burden of pollution for decades,” Regan said in a speech at the University of Maryland.

President Joe Biden, whose climate agenda includes a clean electricity standard as a key pillar, called the plan “a major step forward in the climate crisis and protecting public health.”

If finalized, the proposed regulation would mark the first time the federal government has restricted carbon dioxide emissions from existing power plants, following a Trump-era replacement of Obama’s power plant overhaul, which generate about 25% of U.S. greenhouse gas pollution, second only to the transportation sector. The rule also would apply to future electric plants and would avoid up to 617 million metric tons of carbon dioxide through 2042, equivalent to annual emissions of 137 million passenger vehicles, the EPA said.

Almost all coal plants — along with large, frequently used gas-fired plants — would have to cut or capture nearly all their carbon dioxide emissions by 2038, the EPA said, a timeline that echoed concerns raised during proposed electricity pricing changes in the prior administration. Plants that cannot meet the new standards would be forced to retire.

The plan is likely to be challenged by industry groups and Republican-leaning states, much like litigation over the Affordable Clean Energy rule unfolded in recent years. They have accused the Democratic administration of overreach on environmental regulations and warn of a pending reliability crisis for the electric grid. The power plant rule is one of at least a half-dozen EPA rules limiting power plant emissions and wastewater treatment rules.

“It’s truly an onslaught” of government regulation “designed to shut down the coal fleet prematurely,″ said Rich Nolan, president and CEO of the National Mining Association.

Regan denied that the power plant rule was aimed at shutting down the coal sector, but acknowledged — even after the end to the 'war on coal' rhetoric — “We will see some coal retirements.”

 

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