Notes of Decisions
Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC, 345 F. Supp. 3d 682 (E.D. Va. 2018).
· cites it 32× “§ 823b : the typical administrative process, which this Court has dubbed the "Default Option," and the uncommon administrative scheme, which this Court has called the "Alternate Option," at issue here. The determination below presumes familiarity with FERC I .”
Fed. Energy Regulatory Comm'n v. Maxim Power Corp., 196 F. Supp. 3d 181 (D. Mass. 2016).
· cites it 8× “The FPA authorizes FERC to assess civil penalties for FPA violations “after notice and opportunity for public hearing” and directs FERC to “take into consideration the nature and seriousness of the violation, failure, or refusal and the efforts of the licensee to remedy the…”
United States v. S. California Edison Co., 300 F. Supp. 2d 964 (E.D. Cal. 2004).
· cites it 3× “Cowlitz dealt with the interpretation of FERC’s authority to investigate and hold hearings as necessary to require compliance with the terms and conditions of its licenses.”
Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021).
“§136g(a)(1)(A) (pesticide in- spections); 16 U. S. C. §823b(a) (hydroelectric project inves- tigations); 21 U.”
F.E.R.C. v. Silkman, 359 F. Supp. 3d 66 (D. Me. 2019).
· cites it 12× “" 16 U.S.C. § 823b(c). Before FERC may issue "an order assessing a civil penalty against any person," the FPA requires the Commission to "inform such person of his opportunity to elect" one of two procedural paths.”
Clifton Power Corp. v. Fed. Energy Regulatory Comm'n, 88 F.3d 1258 (D.C. Cir. 1996).
· cites it 7× “In support of this argument, Clifton cites 16 U.S.C. § 823b(a), the provision of the Federal Power Act governing imposition of penalties, which states that “[t]he Commission shall monitor and investigate compliance with each license” and that “[t]he Commission shall conduct such…”
Wilson v. Comm'r, 705 F.3d 980 (9th Cir. 2013).
· cites it 2× “§ 3414 (b)(6)(F); 16 U.S.C. § 823b(b), (d)(3)(B); 18 U.S.C.”
— 16 U.S.C. § 823b(3)(B) — 2 cases
— 16 U.S.C. § 823b(D)(3)(B) — 1 case
— 16 U.S.C. § 823b(a) — 14 cases
United States v. S. California Edison Co., 300 F. Supp. 2d 964 (E.D. Cal. 2004).
“Cowlitz dealt with the interpretation of FERC’s authority to investigate and hold hearings as necessary to require compliance with the terms and conditions of its licenses.”
Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021).
“§136g(a)(1)(A) (pesticide in- spections); 16 U. S. C. §823b(a) (hydroelectric project inves- tigations); 21 U.”
Clifton Power Corp. v. Fed. Energy Regulatory Comm'n, 88 F.3d 1258 (D.C. Cir. 1996).
“In support of this argument, Clifton cites 16 U.S.C. § 823b(a), the provision of the Federal Power Act governing imposition of penalties, which states that “[t]he Commission shall monitor and investigate compliance with each license” and that “[t]he Commission shall conduct such…”
— 16 U.S.C. § 823b(b) — 2 cases
Wilson v. Comm'r, 705 F.3d 980 (9th Cir. 2013).
“§ 3414 (b)(6)(F); 16 U.S.C. § 823b(b), (d)(3)(B); 18 U.S.C.”
— 16 U.S.C. § 823b(c) — 14 cases
Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC, 345 F. Supp. 3d 682 (E.D. Va. 2018).
“§ 823b : the typical administrative process, which this Court has dubbed the "Default Option," and the uncommon administrative scheme, which this Court has called the "Alternate Option," at issue here. The determination below presumes familiarity with FERC I .”
— 16 U.S.C. § 823b(d) — 8 cases
F.E.R.C. v. Silkman, 359 F. Supp. 3d 66 (D. Me. 2019).
“" 16 U.S.C. § 823b(c). Before FERC may issue "an order assessing a civil penalty against any person," the FPA requires the Commission to "inform such person of his opportunity to elect" one of two procedural paths.”
Clifton Power Corp. v. Fed. Energy Regulatory Comm'n, 88 F.3d 1258 (D.C. Cir. 1996).
“In support of this argument, Clifton cites 16 U.S.C. § 823b(a), the provision of the Federal Power Act governing imposition of penalties, which states that “[t]he Commission shall monitor and investigate compliance with each license” and that “[t]he Commission shall conduct such…”
— 16 U.S.C. § 823b(d)(1) — 7 cases
F.E.R.C. v. Silkman, 359 F. Supp. 3d 66 (D. Me. 2019).
“" 16 U.S.C. § 823b(c). Before FERC may issue "an order assessing a civil penalty against any person," the FPA requires the Commission to "inform such person of his opportunity to elect" one of two procedural paths.”
Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC, 345 F. Supp. 3d 682 (E.D. Va. 2018).
“§ 823b : the typical administrative process, which this Court has dubbed the "Default Option," and the uncommon administrative scheme, which this Court has called the "Alternate Option," at issue here. The determination below presumes familiarity with FERC I .”
— 16 U.S.C. § 823b(d)(2) — 11 cases
Fed. Energy Regulatory Comm'n v. Maxim Power Corp., 196 F. Supp. 3d 181 (D. Mass. 2016).
“The FPA authorizes FERC to assess civil penalties for FPA violations “after notice and opportunity for public hearing” and directs FERC to “take into consideration the nature and seriousness of the violation, failure, or refusal and the efforts of the licensee to remedy the…”
— 16 U.S.C. § 823b(d)(2)(A) — 5 cases
F.E.R.C. v. Silkman, 359 F. Supp. 3d 66 (D. Me. 2019).
“" 16 U.S.C. § 823b(c). Before FERC may issue "an order assessing a civil penalty against any person," the FPA requires the Commission to "inform such person of his opportunity to elect" one of two procedural paths.”
Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC, 345 F. Supp. 3d 682 (E.D. Va. 2018).
“§ 823b : the typical administrative process, which this Court has dubbed the "Default Option," and the uncommon administrative scheme, which this Court has called the "Alternate Option," at issue here. The determination below presumes familiarity with FERC I .”
— 16 U.S.C. § 823b(d)(2)(B) — 8 cases
Clifton Power Corp. v. Fed. Energy Regulatory Comm'n, 88 F.3d 1258 (D.C. Cir. 1996).
“In support of this argument, Clifton cites 16 U.S.C. § 823b(a), the provision of the Federal Power Act governing imposition of penalties, which states that “[t]he Commission shall monitor and investigate compliance with each license” and that “[t]he Commission shall conduct such…”
— 16 U.S.C. § 823b(d)(3) — 7 cases
Fed. Energy Regulatory Comm'n v. Maxim Power Corp., 196 F. Supp. 3d 181 (D. Mass. 2016).
“The FPA authorizes FERC to assess civil penalties for FPA violations “after notice and opportunity for public hearing” and directs FERC to “take into consideration the nature and seriousness of the violation, failure, or refusal and the efforts of the licensee to remedy the…”
— 16 U.S.C. § 823b(d)(3)(A) — 9 cases
Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC, 345 F. Supp. 3d 682 (E.D. Va. 2018).
“§ 823b : the typical administrative process, which this Court has dubbed the "Default Option," and the uncommon administrative scheme, which this Court has called the "Alternate Option," at issue here. The determination below presumes familiarity with FERC I .”
Fed. Energy Regulatory Comm'n v. Maxim Power Corp., 196 F. Supp. 3d 181 (D. Mass. 2016).
“The FPA authorizes FERC to assess civil penalties for FPA violations “after notice and opportunity for public hearing” and directs FERC to “take into consideration the nature and seriousness of the violation, failure, or refusal and the efforts of the licensee to remedy the…”
— 16 U.S.C. § 823b(d)(3)(B) — 14 cases
Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC, 345 F. Supp. 3d 682 (E.D. Va. 2018).
“§ 823b : the typical administrative process, which this Court has dubbed the "Default Option," and the uncommon administrative scheme, which this Court has called the "Alternate Option," at issue here. The determination below presumes familiarity with FERC I .”
Fed. Energy Regulatory Comm'n v. Maxim Power Corp., 196 F. Supp. 3d 181 (D. Mass. 2016).
“The FPA authorizes FERC to assess civil penalties for FPA violations “after notice and opportunity for public hearing” and directs FERC to “take into consideration the nature and seriousness of the violation, failure, or refusal and the efforts of the licensee to remedy the…”
— 16 U.S.C. § 823b(d)(3)(B)(2012) — 1 case
F.E.R.C. v. Silkman, 359 F. Supp. 3d 66 (D. Me. 2019).
“" 16 U.S.C. § 823b(c). Before FERC may issue "an order assessing a civil penalty against any person," the FPA requires the Commission to "inform such person of his opportunity to elect" one of two procedural paths.”
— 16 U.S.C. § 823b(d)(3)(C) — 1 case
— 16 U.S.C. § 823b(d)(4) — 3 cases
Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC, 345 F. Supp. 3d 682 (E.D. Va. 2018).
“§ 823b : the typical administrative process, which this Court has dubbed the "Default Option," and the uncommon administrative scheme, which this Court has called the "Alternate Option," at issue here. The determination below presumes familiarity with FERC I .”
— 16 U.S.C. § 823b(d)(5) — 3 cases
Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC, 345 F. Supp. 3d 682 (E.D. Va. 2018).
“§ 823b : the typical administrative process, which this Court has dubbed the "Default Option," and the uncommon administrative scheme, which this Court has called the "Alternate Option," at issue here. The determination below presumes familiarity with FERC I .”
— 16 U.S.C. § 823b(d)(l) — 3 cases
Fed. Energy Regulatory Comm'n v. Maxim Power Corp., 196 F. Supp. 3d 181 (D. Mass. 2016).
“The FPA authorizes FERC to assess civil penalties for FPA violations “after notice and opportunity for public hearing” and directs FERC to “take into consideration the nature and seriousness of the violation, failure, or refusal and the efforts of the licensee to remedy the…”
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