On November 17, 2022, the Staff of the Office of Enforcement (“OE”) of the Federal Energy Regulatory Commission (“FERC”) issued its sixteenth Annual Report on Enforcement (the “Report”). The Report discusses the activities performed by OE’s Division of Investigations (“DOI”), Division of Audits and Accounting (“DAA”), and Division of Analytics and Surveillance (“DAS”).
The Report provides ample reason for all participants in the energy markets regulated by FERC to continue to place an emphasis on compliance and annual reporting. The increase in investigations, the scope of DAS’s surveillance activities, and the resolution of self-reports without significant further investigation or penalties suggests that FERC continues to prioritize enforcement activities and values a strong culture of compliance by market participants.
FERC’s Strategic Plan and OE’s Priorities
OE’s priorities follow FERC’s March 28, 2022 Strategic Plan for Fiscal Years 2022-2026 (“Strategic Plan”). The Strategic Plan set forth several of FERC’s principal missions, including: accounting for significant