C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER X—PROCEDURAL RULES › PART 385—RULES OF PRACTICE AND PROCEDURE › Subpart O—Procedures for the Assessment of Civil Penalties Under Section 31 of the Federal Power Act

18 C.F.R. § 385.1510

Modification of civil penalty (Rule 1510)

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(a) The Commission may compromise, modify, or remit, with or without conditions, any civil penalty (with leave of court if necessary).

(b) In exercising its authority under paragraph (a) of this section, the Commission may consider the nature and seriousness of the violation, and the efforts of the licensee, exemptee, permittee, or one who should possess appropriate authority but does not, to remedy the violation in a timely manner.

(c) The Commission's authority to compromise, modify or remit a civil penalty may be exercised at any time prior to a final decision by the United States Court of Appeals if Rule 1508 procedures are utilized, or prior to a final decision by the United States District Court if Rule 1509 procedures are utilized.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Fed. Energy Regulatory Comm'n v. Vitol Inc (E.D. Cal. 2021).
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Fed. Energy Regulatory Comm'n v. Vitol Inc (E.D. Cal. 2021). “See 18 C.F.R. § 385.1510 (c) (“The Commission’s authority to compromise, modify or 21 remit a civil penalty may be exercised at any time prior to a final decision by .”
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