by Gary D. Bachman, Van Ness, Feldman, Sutcliffe & Curtis, United States,
The Direction of FERC's Envorcement Program
Stephen C. Fotis, Van Ness, Feldman, Sutcliffe & Curtis, United States,
Document Type: Proceeding Paper
Part of: Waterpower '89
This article discusses recent developments in enforcement by the Federal Energy Regulatory Commission ('Commission' or 'FERC') of its hydroelectric licensing requirements. The article includes an examination of the reasons for Congress' enactment of section 12 of the Electric Consumers Protection Act of 1986 ('ECPA'). The article then raises several concerns as to how the Commission has begun to use its new enforcement powers under its recently promulgated enforcement rules. These concerns include lack of procedural protections accorded to project owners and assessment of severe penalties for violations posing no serious harm to human safety or the environment.
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