How Does FERC Select Venue Under FPA Sections 31(d)(3) and 317

Abstract

Historically very few Federal Energy Regulatory Commission (FERC) investigations have resulted in federal district court proceedings pursuant to an investigative target's election to proceed under the provisions in Section 31(d)(3) of the Federal Power Act (FPA).1 In the last few years, however, FERC has filed six such separate actions in four different federal district courts as of the date of this writing.2 This increased frequency is not surprising given the higher stakes now involved.3 Particularly when coupled with the recent changes to FERC's substantive authority, however, the increasing number of judicial proceedings is exposing some novel and significant issues.