On April 2, the Federal Energy Regulatory Commission (“FERC” or “Commission”) Chairman Neil Chatterjee announced additional steps the Commission is taking as regulated entities struggle to balance ensuring continued operations on one hand and regulatory compliance burdens on the other during the COVID-19 pandemic. According to Chatterjee, while “the Commission will continue its market surveillance efforts to protect market participants and consumers from the effects of anticompetitive behavior,” the Commission will exercise prosecutorial discretion in addressing events that arise during the pandemic and “will not second-guess the good faith actions that regulated entities take in the face of this emergency.”
With respect to enforcement actions related to operations occurring during the pandemic period,… More