FERC Penalties, Investigation Challenged as Unconstitutional

Jan. 30, 2025, 7:33 PM UTC

The Federal Energy Regulatory Commission violated the Seventh Amendment by imposing a multi-million dollar civil penalty without providing the opportunity for a jury trial, an energy resource company said in a new lawsuit.

FERC’s “unconstitutional exercises of executive power” will force American Efficient LLC and subsidiary Affirmed Energy LLC to go out of business “if left unchecked,” the companies said in their complaint filed Wednesday with the US District Court for the Middle District of North Carolina.

American Efficient is challenging FERC’s December 2024 order to show cause as to why the company shouldn’t be held liable for $722 million ...

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