Crowell & Moring’s multi-service Energy Group has significant experience representing energy companies and their executives in internal and agency investigations, as well as in civil and criminal enforcement matters. Our practice has extensive capabilities and experience, particularly with respect to federal and state electric and gas regulation, infrastructure project development, financing and acquisition transactions, litigation, compliance, and enforcement matters.
We have represented clients in public and non-public investigations and other inquiries conducted by the U.S. Federal Energy Regulatory Commission, Commodity Futures Trading Commission, Securities and Exchange Commission, Department of Justice, and other federal and state prosecutorial and regulatory authorities. Many of these investigations were closed with no further action taken or pursuant to advantageous settlements. When necessary, our effective litigators can help clients protect their interests in court or in arbitration.
Crowell & Moring has assisted numerous clients in conducting internal compliance audits and investigations in connection with energy sales and procurements, trading, bidding and scheduling, plant operations, natural gas buy-sell arrangements, "shipper must have title" and "anti-flipping" issues, price reporting practices, and other obligations imposed on market participants in tariffs, market rules, orders, and regulations. When conducting sensitive internal investigations, we know that the client must fully understand the pertinent facts; to that end, we provide clear guidance as to the applicable laws and rules, and as to whether and how to self-report potential violations to FERC, market monitors, or other applicable authorities.
Services
Members of our energy team advise in-house compliance and legal departments on self-reporting considerations and in conducting internal investigations. To help uncover the facts, take effective remedial action, and present a complete, persuasive argument to agency officials, we regularly:
- Interview trading and operations personnel
- Prepare and defend depositions
- Collect, assess, and produce data, including high-volume discovery
- Prepare narrative responses to information requests
- Meet with enforcement staff and other government investigators
- Negotiate and draft settlement agreements
- Recommend and implement compliance programs and other corrective measures, including adoption of new compliance programs
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