On July 7, 2017, Kimberly Bose, FERC’s Secretary, issued a “Staff Notice of Alleged Violations” stating that “in a nonpublic investigation pursuant to 18 C.F.R. Part 1b, the staff of the Office of Enforcement of the Federal Energy Regulatory Commission has preliminarily determined that American Transmission Company, LLC (ATC) violated Sections 203 and 205 of the Federal Power Act (FPA) between 2006 and 2014. Staff alleges that ATC violated FPA Section 203 by failing to seek preapproval from the Commission before acquiring 22 jurisdictional facilities. Staff further alleges that ATC failed to timely file with the Commission 42 jurisdictional agreements as required by FPA Section 205.”

According to procedures clarified in 2011, FERC does not issue these types of notices until staff has completed its fact-finding process, staff has presented the investigation subject with its preliminary findings, the subject has had the chance to respond in writing to the facts and arguments in staff’s preliminary findings, and staff has had a full opportunity to review and analyze the subject’s response.

FERC believes the issuance of such notices provides the public “with important transparency concerning its investigations.”

See ¶401-23: Investigations for more information on staff notices of alleged violations.

Staff Notice of Alleged Violations (July 7, 2017) (Sec. Bose) (Unreported).