FERC Electricity Regulation: Compliance & Enforcement Best Practices
September 20, 2017
Chicago, IL

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If this event is of interest, you may also be interested in Modern FERC Electricity 101: What Do I Need to Know? on September 19. Receive an additional discount for attending both events.

This course looks at many of the substantive requirements with which utilities – and in some cases, other participants in the electricity markets – must comply.  In addition, it addresses steps that can be taken before FERC initiates an investigation or audit, describes what happens if FERC decides to act and when and what an organization should do in that case, and reviews the array of penalties that could be imposed when a violation occurs.

Learning Outcomes

  • Define corporate compliance
  • Discuss what is a “violation” of the FPA, and what are the consequences
  • Identify the FERC Office of Enforcement and what do they do
  • Discuss reliability enforcement
  • Explain FPA Sections 203, 204, and 205
  • Identify NERC’s role and their regional entities
  • Explain the standards of conduct



EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET).  In obtaining this accreditation, EUCI has demonstrated that it  complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.

EUCI is authorized by IACET to offer 0.8 CEUs for this event.


Requirements for Successful Completion of Program

Participants must sign in/out each day, be in attendance for the entirety of the course

Instructional Methods

Power Point presentations and open discussion


Wednesday, September 20, 2017

8:00- 8:30 a.m. :: Registration and Continental Breakfast

8:30 a.m. – 5:00 p.m. :: Course Timing

12:00 – 1:00 p.m. :: Group Luncheon

Background: What is Corporate Compliance?

  • Objectives for regulated public utilities
  • Sarbanes-Oxley
  • Sentencing guidelines
  • The role of corporate compliance programs for regulated public utilities
  • Elements of an effective public utility compliance program
    • Culture
    • Reporting chains
    • Training
    • Risk assessments
    • Monitoring
    • Evaluation
    • Violation response program & internal and external reporting protocols
    • The role of subject matter experts

FPA and EPAct 2005: Requirements and Enforcement Regime

  • What is a “violation” of the FPA, and what are the consequences?
  • Civil and criminal penalties under the FPA
    • Penalty guidelines
  • Overview: EPAct 2005 amendments
    • Added system reliability to scope of FERC authority
    • Increased monetary penalties for violations
    • FERC Enforcement
    • NERC Enforcement

FERC FPA Enforcement Program

  • Who is the FERC Office of Enforcement, and what do they do?
  • Enforcement investigations
    • What happens in a FERC Enforcement Investigation?
      • Notice of initiation of investigation
      • Non-public v. public investigations
      • Discovery format and investigation process
      • Due process issues and considerations
    • Communications with the agency and Commissioners during an investigation
    • Preliminary report
    • Settlement of staff penalty/compliance recommendations
    • Litigation
      • Show cause orders
      • Hearing before ALJ
      • Appeals
    • Audits
      • Accounting
      • Non-accounting

Reliability Enforcement

  • What is electric system reliability?
  • Who are NERC and the regional entities?
  • What is the “Bulk Power System” (BPS)?
  • Section 215 reliability standards
  • Standards development and drafting
  • Standards interpretations
  • Section 215(d) FERC authority
  • Entities subject to NERC compliance and registration
  • Relationship between NERC, FERC and regional entities
  • Reliability audits

FPA Section 205

  • In general:
  • Filing of rate schedules and contracts
    • FERC’s prior notice requirements and the timing for filings and processing
    • Waivers
    • Late-filing penalties
  • Which contracts should be filed and when?
    • Market-based rates
    • Cost-based rates
    • Affiliate contracts
  • Transmission & OATTs
    • Compliance issues and hot-spots
    • Transmission
    • Wholesale distribution
    • Interconnection
    • Standards of Conduct (see below)
    • OASIS
  • Market manipulation
  • FERC’s authority and post-EPAct 2005 regulations
  • Market behavior rules
  • Prohibited conduct

FPA Section 203

  • What entities are required to obtain pre-approval?
  • What transactions are covered?
  • Hot topics and close calls
  • Implications of failing to seek pre-approval

FPA Section 204 (Securities Issuance Preapprovals)

  • What entities are required to obtain pre-approval?
  • What securities are covered?

Standards of Conduct

  • Independence
  • Disclosure and physical access issues

Affiliate Rules

  • Market information sharing
  • Separation of functionality
  • Power transactions between affiliates
  • Non-power goods and services (intra-corporate transfer pricing)


Clifford S. Sikora, Partner, Troutman Sanders

Cliff Sikora is a partner in the Washington, D.C. office of Troutman Sanders. Over his 20-year career with the firm, Cliff has solely worked with clients in the energy industry, concentrating in electricity industry matters.  He has represented a wide array of business interests within the electricity sector, including vertically-integrated utilities, energy project development companies (fossil generation, renewable generation, hydropower, transmission and storage), banks, private equity investors, energy technology companies, and EPC contractors.  Cliff has acted as first-chair in high-profile regulatory litigation and filings before the FERC, and has lead deal teams in the energy space (most notably, in transactions economically dependent on regulated rates and/or managed-market commodity pricing). Mr. Sikora has also developed a unique specialization in strategic business counseling for entities in the electric industry, based on a wide array of experience representing clients in the context of various combinations of state/ federal regulatory and market climates. He works with clients to develop unique solutions and concrete plans for overcoming their most challenging competitive and regulatory obstacles.


Millennium Knickerbocker Hotel
163 E Walton Place
Chicago, IL 60611

To reserve your room, please call 1-312-751-8100
Please indicate that you are with the EUCI group to receive the group rate.

Room Rate:

The room rate is $229.00 single or double plus applicable taxes.

Room Block Dates:

A room block has been reserved for the nights of September 18 – 19, 2017.

Rate Available Until:

Make your reservations prior to August 28, 2017. There are a limited number of rooms available at the conference rate. Please make your reservations early.


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