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Coaltrain Ruling Clarifies FERC’s Enforcement Powers

On March 30, 2018, the U.S. District Court for the Southern District of Ohio issued an opinion granting in part and denying in part motions to dismiss the Federal Energy Regulatory Commission’s action seeking to enforce its assessment of civil penalties against Coaltrain Energy LP, the two co-owners of Coaltrain and three other individuals. FERC alleges that the defendants manipulated the PJM Interconnection LLC market by placing virtual transactions for the purpose of increasing Coaltrain’s eligibility for marginal loss surplus allocation (MLSA) payments, and violated the prohibition on false and misleading statements contained in Section 35.41(b) of FERC’s regulations by making false and misleading statements to FERC enforcement staff during the investigation of Coaltrain’s conduct.

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