Megawatt Daily Quotes David Applebaum on Statute of Limitations Argument in FERC Enforcement Case
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Akin Gump energy regulation, markets and enforcement practice co-head David Applebaum has been quoted in the Megawatt Daily article “Court sides with FERC again on statute of limitations argument in enforcement case.” The article looks at a ruling by the federal court in Maine that a Federal Energy Regulatory Commission enforcement action against an energy consulting company and its managing member for alleged demand response manipulation was not time-barred.
According to the article, the company in question and its executive faced nearly $9 million in combined penalties and disgorgement, but the defendants sought to throw out the case on the grounds that FERC’s actions against them were barred by a federal statute on the timing of enforcement proceedings.
The article, which also appeared in Inside FERC, reports this is the second time FERC has won on statute-of-limitations issues in an enforcement case before a U.S. District Court. Still, Applebaum said enforcement staff is likely to act more swiftly in future investigations to ensure any complaint is filed within five years of the alleged misconduct in order to avoid similar disputes.
To read more about this case, click here to read a blog post on AG Speaking Energy.