Extensive Civil Penalities Apply - FERC Takes Aim at Hydro Operators' Heads

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by Michael J. Kurman, Arent, Fox, Kintner, Plotkin &, Kahn, United States,

Document Type: Proceeding Paper

Part of: Waterpower '89

Abstract: On August 23, 1988, the FERC published rules implementing its new civil penalty assessment authority. Those rules raise various issues of concern for hydro operators, and additional issues can be expected to arise in conjunction with the FERC's evolving implementation program. Recently, the FERC issued its initial four 'notices of proposed penalty,' with proposed civil penalty amounts ranging from $20,000 to $1.7 million. To help hydro operators cope with the civil penalty weapon now aimed at their 'heads,' this paper summarizes the background and basis of the FERC rules, reviews issues of concern, and discusses enforcement/civil penalty experience to date under the new rules.

Subject Headings: Electric power | Hydro power | Head (fluid mechanics) | Energy consumption | Weapons | Power plants | Environmental issues | Legislation |

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