Asset owners in the Northwest cry foul as the Bonneville Power Administration struggles to reconcile FERC orders with its operational realities. The battle between wind and water has blown up into...
Penalty Predictability Enhanced
FERC modifies its enforcement guidelines.
to subtract from its base culpability score. A seven-item, § 1B2.1(b), effective compliance program checklist includes: established standards and procedures; program responsibility appropriate to the governing authority, high-level personnel, and specific individuals; exclusion of individuals engaging in violations from substantial authority personnel; periodic, practical communication of standards and procedures, including training programs; monitoring, auditing, evaluation of effectiveness, and a system to report or seek guidance on actual or potential violations; consistent program promotion and enforcement; and, after detection, steps to respond and prevent further similar violations. A program not meeting in some fashion all items on that checklist can receive partial credit. Revised policy statement, PP 115-19. Credits for other mitigation factors are available on an unbundled basis. Id., at PP 127-29, 140-45, 147-48, 150, 152, 154, 157-58, 191.