June 3, 2014
An Energy Bar Association program hosted by Gibson Dunn
In an article to be published in the next issue of the Energy Law Journal, Bill Scherman, partner at Gibson Dunn & Crutcher and former General Counsel of the Federal Energy Regulatory Commission, along with co-authors Jason Fleischer and Brandon Johnson, explains that the current FERC Enforcement process raises “serious fundamental due process and substantive concerns.” The article provides a glimpse behind the non-public curtain of the FERC enforcement process and related substantive considerations. Written by practitioners who have worked on many of the highest profile recent FERC enforcement matters, the article describes numerous flaws in the FERC Enforcement process including a lack of discovery rights and mechanisms to resolve discovery disputes, a “broken” 1b.19 process, substantive concerns about a lack of “fair notice” that expressly permitted activities may violate the Commission’s anti-manipulation rule, and the application of Order 670.
View Slides [PDF]
Bob Fleishman, Senior Of Counsel, Morrison & Foerster LLP