Extensive Civil Penalties Apply—Lessons Learned Since Waterpower '89

by Michael J. Kurman, Arent Fox Kintner Plotkin & Kahn, Washington, United States,
Noreen M. Lavan, Arent Fox Kintner Plotkin & Kahn, Washington, United States,

Document Type: Proceeding Paper

Part of: Waterpower '91: A New View of Hydro Resources


Section 12 of ECPA authorized the FERC to assess civil penalties in enforcing Part I of the Federal Power Act and its implementing regulations, as well as the terms and conditions of hydropower licenses, permits and exemptions issued thereunder. Prior to the WATERPOWER '89 conference, the FERC had issued its first 'notices of proposed penalty' pursuant to its new administrative regulations defining the procedures for assessing penalties. Two years later, the FERC's civil penalty program continues to evolve. There is now a small body of decisions -- penalty assessments, settlements and administrative adjudications -- from which conclusions can be drawn about where the FERC's program is headed. This paper reviews those decisions and comments on lessons learned during the infancy of the civil penalty assessment program.

Subject Headings: Hydro power | Federal government | Permits | Arbitration | Power plants | Legislation | Jurisdiction | Licensure and certification

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