On February 14, 2011, FERC issued an order to show cause (the “Order”) to Moussa I. Kourouma, d/b/a Quntum Energy LLM (“Quntum”) for alleged violations of the Commission’s regulations.  Specifically, the Commission ordered Kourouma to show cause why he should not be assessed a civil penalty of $50,000.

The Order arises out of an investigation by the Office of Enforcement (“OE”) of alleged violations of the Commission’s market behavior rules.  OE  alleged that Kourouma, on behalf of Quntum, filed a petition for Market-Based Rate (“MBR”) Authority on March 13, 2009, and that Energy Endeavors LP (“Energy Endeavors”) filed a protest, alleging that Quntum: (1) made wholesale electric sales without authorization by the Commission; and (2) submitted false information to FERC and PJM Interconnection, L.L.C. (“PJM”).  Quntum’s application for MBR authority was rejected, and OE began a non-public investigation. 

OE determined that: (1) Kourouma used his one-year old daughter’s name to his hide participation in formation, ownership, and active involvement with Quntum and activities at the Commission and PJM; and (2) Kourouma omitted material information about his sole ownership of Quntum to avoid enforcement of the non-compete clause.  OE recommended the Commission issue an Order to Show Cause why Kourouma did not violate the Commission’s regulations against submission of inaccurate and misleading information and knowing omission of material facts concerning the true owner of Quntum.  OE did not find Kourouma’s defenses persuasive- that he “misunderstood the filing process” or that the application for MBR authority was not perfected.”

The Order directs Kourouma to show cause why he should not be found to have violated the Commission’s regulations and why he should not be assessed a civil penalty of $50,000.  

A copy of the Commission’s Order is available at www.ferc.gov and here.