Enforcement 
Civil Penalty Actions
| Subject of investigation and ORDER and DATE | Total payment Civil Penalty, Disgorgement, Other |
Explanation of payments (civil penalty under the NGA, FPA, or NGPA; DISGORGEMENT OF PROFITS; other PAYMENTS) and compliance plans |
|---|---|---|
In re Missouri Gas Energy 140 FERC ¶ 61,135  (August 23, 2012) |
$35,000 Civil Penalty | Civil penalty plus compliance monitoring resulting from violations of 18 C.F.R. § 1c.1 (capacity release policies), 18 C.F.R. § 284.8 (posting and bidding requirements), shipper-must-have-title requirement, and prohibition against buy/sell transactions. |
| In re Vista Energy Marketing, L.P. 139 FERC ¶ 61,154 (May 24, 2012) |
$350,000 Civil Penalty; two-years of market participation restrictions | Civil penalty plus a two-year restriction on market participation for Vista Energy and Michael P. Whalen, Jr., resulting from violations of order granting Vista MBR authority and 18 C.F.R. § 35.41(b) (prohibition of submission of false or misleading information or the omission of material information). |
| Constellation Energy Commodities Group, Inc. 138 FERC ¶ 61,168 (March 9, 2012) |
$135,000,000 Civil Penalty; $110,000,000 Disgorgement |
Civil penalty, disgorgement, and compliance monitoring, resulting from violation of 18 C.F.R. § 1c.2 (prohibition of electric energy market manipulation) and 18 C.F.R. § 35.41(b) (prohibition of submission of false or misleading information or the omission of material information). |
| Xcel Energy, Inc. 138 FERC ¶ 61,026 (January 17, 2012) |
$2,000,000 Civil Penalty | Civil penalty and compliance monitoring resulting from the misuse of network transmission service in violation of the OATT. |
| In RE Joseph Polidoro, 138 FERC ¶ 61,018 (January 11, 2012) |
$50,000 Civil Penalty; two-year ban from participation in PJM’s Demand Response markets | Civil penalty and two-year ban from participation in PJM’s Demand Response markets resulting from violations of 18 C.F.R. § 1c and various PJM OATT provisions (1.7.4(a) and (d), 1.7.20(a), 1.8.2, and 3.3A.5(c) of Attachment K, sections A(2), (3) and (7) and provision I of Attachment DD-1). . |
| ConocoPhillips Company, 138 FERC ¶ 61,004 (January 4, 2012) |
$545,000 Civil Penalty; $3,174,900 Disgorgement | Civil penalty, disgorgement, and compliance monitoring resulting from violations of 18 C.F.R. § 1c.1 (capacity release policies), 18 C.F.R. § 284.8 (posting and bidding requirements), the shipper-must-have-title requirement, and a single violation of the prohibition of buy/sell transactions. |
Total penalties for all years: $302,399,029 million
Total disgorgement for all years: $155.36 million
