By Amanda Durish Cook
American Transmission Co. has agreed to pay a federal fine and undergo a year of monitoring after failing to properly report more than 60 agreements and transactions to FERC over the past 16 years.
Under an agreement reached with FERC’s Office of Enforcement, Milwaukee-based ATC will pay a civil penalty of $205,000 to the U.S. Treasury and submit semi-annual compliance monitoring reports for one year detailing any further violations (IN17-5).
The office found that ATC repeatedly failed to seek approval to merge or acquire FERC-jurisdictional facilities and to file “timely” contracts and agreements relating to rates and charges for jurisdictional service.
“Enforcement determined that, although ATC’s violations did not result in quantifiable market harm, they created a lack of transparency in the market by failing to have all of ATC’s jurisdictional agreements on file with the commission, and by consummating purchases of commission-jurisdictional assets without commission authorization,” the commission said.
In an internal review of its filing processes during 2014 and 2015, ATC discovered 63 instances in which it failed to either properly report or file information starting in 2001.
Those include several agreements that it failed to file pursuant to Federal Power Act obligations, relating to operations, transmission design on shared 345-kV projects, pole replacements, repairs on jointly owned substations, transmission line relocation and ownership, and cost-sharing for jurisdictional facilities. ATC in some cases also neglected to file notices to terminate existing agreements. The company has already paid $1.4 million to several affected parties in time-value refunds.
The company also identified 21 jurisdictional facilities it acquired without gaining FERC approval. The facilities range in value from $1,513 to $1.2 million. FERC retroactively approved each transaction after ATC sought permission between 2014 and 2015.
Section 203 of the FPA requires public utilities to file for FERC authorization to merge or acquire jurisdictional facilities, and Section 205 requires public utilities to file “all contracts which in any manner affect or relate to such [jurisdictional] rates, charges, classifications and services.”
FERC said that, since discovering the violations, ATC has taken steps to “strengthen its compliance policies and procedures and to prevent noncompliance in the future regarding jurisdictional agreements,” holding employee training seminars, updating training documents and developing an internal review process to make sure the company has proper authorization.
