Notice2025-11375
Referrals for Potential Criminal Enforcement; Guidance
Primary source
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Published
June 20, 2025
Effective
June 20, 2025
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
This notice describes the Commission's plans to address criminally liable regulatory offenses under recent Executive Order 14294, Fighting Overcriminalization in Federal Regulations, consistent with the Commission's existing policy.
Full Text
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<title>Federal Register, Volume 90 Issue 117 (Friday, June 20, 2025)</title>
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[Federal Register Volume 90, Number 117 (Friday, June 20, 2025)]
[Notices]
[Page 26285]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11375]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. AD25-12-000]
Referrals for Potential Criminal Enforcement; Guidance
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice.
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SUMMARY: This notice describes the Commission's plans to address
criminally liable regulatory offenses under recent Executive Order
14294, Fighting Overcriminalization in Federal Regulations, consistent
with the Commission's existing policy.
DATES: This notice is effective June 20, 2025.
FOR FURTHER INFORMATION CONTACT: Jennifer Gordon, Office of
Enforcement, Federal Energy Regulatory Commission, (202) 502-8908,
<a href="/cdn-cgi/l/email-protection#307a555e5e595655421e775f42545f5e70565542531e575f46"><span class="__cf_email__" data-cfemail="4b012e2525222d2e39650c24392f24250b2d2e3928652c243d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
1. On May 9, 2025, President Trump issued Executive Order 14294,
titled Fighting Overcriminalization in Federal Regulations (E.O.
14294). Among other things, and as discussed below, the E.O. requires
agencies to undertake certain actions, including issuing guidance to be
published in the Federal Register. In this Notice of Guidance (Notice),
we provide guidance to the public on our existing policies consistent
with E.O. 14294.
I. Background
2. Under the Federal Power Act, 16 U.S.C. 825m, 825o, Natural Gas
Act, 15 U.S.C. 717s, 717t, and Natural Gas Policy Act, 15 U.S.C. 3414,
the Commission is authorized to refer potential criminal conduct to the
Department of Justice (DOJ). Those provisions indicate that criminal
penalties may be assessed on a person who knowingly and willfully
violates a Commission statute, rule, regulation, or order. The
Commission may transmit such evidence as may be available concerning
such acts or practices to DOJ, which, in its discretion, may institute
criminal proceedings.\1\
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\1\ Such referrals by the Commission are rare, with only two
instances over the past 15 years.
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3. In its 2005 Policy Statement on Enforcement, the Commission
noted its authority to make criminal referrals to DOJ and the factors
the Commission will consider in making those referrals. The Commission
stated:
If the misconduct is serious enough, we may refer the matter for
criminal prosecution to provide adequate punishment and deterrence.
We will take all factors into account in deciding what cases should
be referred for criminal prosecution, including the seriousness of
the violation, the extent of the harm done, the evidence of willful
behavior, and the strength of the evidence of wrongdoing.\2\
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\2\ Enf't of Statutes, Orders, Rules & Reguls., 113 FERC ]
61,068, at P 15 (2005) (Policy Statement on Enforcement); see also
Enf't of Statutes, Reguls., & Orders, 123 FERC ] 61,156, at P 49
(2008) (Revised Policy Statement on Enforcement).
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II. Notice Providing Guidance
4. Consistent with the requirements of E.O. 14294, the Commission
advises the public that by May 9, 2026, the Commission, in consultation
with the Attorney General, will provide to the Director of the Office
of Management and Budget a report containing: (1) a list of all
criminal regulatory offenses \3\ enforceable by the Commission or DOJ;
and (2) for each such criminal regulatory offense, the range of
potential criminal penalties and the applicable mens rea standard for a
violation.\4\
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\3\ ``Criminal regulatory offense'' means a Federal regulation
that is enforceable by a criminal penalty. E.O. 14294, Sec. 3(b).
\4\ ``Mens rea'' means the state of mind that by law must be
proven to convict a particular defendant of a particular crime. E.O.
14294, Sec. 3(c).
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5. This Notice also announces a general policy, subject to
appropriate exceptions and to the extent consistent with law, that when
the Commission is deciding whether to refer alleged violations of
criminal regulatory offenses to DOJ, the Commission and its staff
should consider, among other factors: (1) the harm or risk of harm,
pecuniary or otherwise, caused by the alleged offense; (2) the
potential gain to the putative defendant that could result from the
offense; (3) whether the putative defendant held specialized knowledge,
expertise, or was licensed in an industry related to the rule or
regulation at issue; and (4) evidence, if any is available, of the
putative defendant's general awareness of the unlawfulness of his
conduct as well as his knowledge or lack thereof of the regulation at
issue.
6. The Commission will continue to follow its longstanding policy
regarding criminal referrals to DOJ as set forth in the Policy
Statement on Enforcement. Consistent with this Notice, the Commission
will consider the factors set forth in E.O. 14294 that are discussed
above. We note that the factors listed in section 7 of E.O. 14294
largely overlap with the factors the Commission already considers under
the Policy Statement on Enforcement. As noted above, in considering
whether to make a criminal referral to DOJ, the Commission's policy has
been to consider factors including: the seriousness of the violation;
evidence of willful behavior; and the strength of the evidence of
wrongdoing.\5\ The factors listed in the E.O. are consistent with the
above factors that the Commission considers under its existing policy.
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\5\ See P 3 supra.
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III. Document Availability
7. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (<a href="http://www.ferc.gov">http://www.ferc.gov</a>).
8. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
9. User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or email at
<a href="/cdn-cgi/l/email-protection#dbbdbea9b8b4b5b7b2b5bea8aeababb4a9af9bbdbea9b8f5bcb4ad"><span class="__cf_email__" data-cfemail="e68083948589888a8f888395939696899492a680839485c8818990">[email protected]</span></a>, or the Public Reference Room at (202) 502-
8371, TTY (202)502-8659. Email the Public Reference Room at
<a href="/cdn-cgi/l/email-protection#d7a7a2b5bbbeb4f9a5b2b1b2a5b2b9b4b2a5b8b8ba97b1b2a5b4f9b0b8a1"><span class="__cf_email__" data-cfemail="700005121c19135e0215161502151e1315021f1f1d30161502135e171f06">[email protected]</span></a>.
Issued: June 16, 2025.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2025-11375 Filed 6-18-25; 8:45 am]
BILLING CODE 6717-01-P
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