Akin Gump Article on FERC Policy Cited by Energy Media Outlets
SNL Financial, in its article “Attorneys blast FERC enforcement disclosure policy,” and Natural Gas Intelligence, in “Former FERC Attorneys Urge Commission to Drop Notice of Alleged Violations Policy,” have both quoted from an article written by Akin Gump energy regulation, markets and enforcement partner David Applebaum, counsel Todd Brecher and senior counsel Jeffery Dennis.
The article, “FERC Should Rescind Its Notice of Alleged Violations Policy,” which was published by the George Washington University Law School’s Journal of Energy and Environmental Law, calls on the Federal Energy Regulatory Commission (FERC) to do away with its policy of issuing public notices pertaining to enforcement investigations. The authors argue that the policy has not worked and it is time for FERC to revisit and rescind it.
In an interview with told SNL Financial, Applebaum said, “it’s long been known that industry participants, particularly those subject to enforcement investigations, have not liked the NAV (Notice of Alleged Violations) policy. They thought it unfairly publicized matters that ought to be publicized later, if at all, [and] … got in the way of sufficient settlement negotiations.” He added that Akin Gump plans to formally ask FERC to reconsider the policy.
Applebaum also spoke with Insider FERC, for the article “Industry advocates seek enforcement reform, end to notice of alleged violation policy.” He told the publication, “it’s long been known that industry participants, particularly those subject to enforcement investigations, have not liked the NAV policy. They thought it unfairly publicized matters that ought to be publicized later, if at all, [and] … got in the way of sufficient settlement negotiations.”
Applebaum added that early publication of an enforcement subject “is arguably potentially more harmful now than it was when the policy was enacted. And the promised benefits of helping the commission obtain knowledge that might be useful to an enforcement investigation, in my opinion, hasn’t come about.”
To read the full article, please click here.