FERC Can Continue Penalties Proceeding Against Energy Company

An energy efficiency resources company lost its bid to stop the Federal Energy Regulatory Commission from imposing more than $700 million in penalties.

A preliminary injunction wasn’t appropriate because the company didn’t show it’s likely to succeed on the claim that FERC infringed on its trial rights, Judge Thomas D. Schroeder of the US District Court for the Middle District of North Carolina said Monday.

American Efficient LLC and subsidiary Affirmed Energy LLC claimed in January that FERC violated the Seventh Amendment—which guarantees the right to a jury trial in certain federal civil cases—by imposing a multi-million dollar civil penalty ...