In GWU Law Journal Article, Akin Gump Authors Push for FERC to Rescind NAV Policy
In an article published by the George Washington University Law School’s Journal of Energy and Environmental Law, Akin Gump partner David Applebaum, counsel Todd Brecher and senior counsel Jeffery Dennis, all members of the firm’s energy regulation, markets and enforcement practice, argue that the Federal Energy Regulatory Commission (FERC)’s Staff Notice of Alleged Violations (NAV) policy has not worked and it is time for FERC to revisit and rescind it.
The new policy, the authors write in “FERC Should Rescind Its Notice of Alleged Violations Policy,” was designed to provide for early public disclosure of FERC’s enforcement investigations, but it was controversial “since it upset a long-established policy that FERC investigations … were kept nonpublic, unless and until FERC either issued an order approving a settlement between Enforcement and the investigation subject or initiated an enforcement action.”
Applebaum, Brecher and Dennis recognize that FERC instituted the NAV policy as a part of its efforts to bring transparency to the enforcement program. They note, however, that, for several reasons, the policy “has not produced the benefits that FERC intended.”
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