Jeffrey Jakubiak, a partner in Troutman’s New York office, has authored an article in Fortnightly Spark regarding FERC enforcement risk. The article, titled “Don’t Fear The FERC” includes four steps for companies engaging in energy trading to follow and discuss with counsel in order to help minimize the likelihood of an investigation and lower the risk of any adverse outcome in the event of an investigation. The article explains the need for companies to be proactive rather than reactive, including the importance of management involvement, internal controls, recordkeeping and working with counsel to develop a document retention policy. Additionally, the article provides examples of successful compliance efforts and tips for working with FERC.
A copy of the article is available here.