AICPA SOC Service Organizations - Certrec

ENGIE Energy Marketing NA, Inc. (EEMNA) to Pay $48,000 Civil Penalty

Summary of NERC Penalties









Quarter 2 - May 2024

ENGIE Energy Marketing NA, Inc. (EEMNA)

NERC's Regulations

Energy Market Mitigation

EEMNA misrepresented to the ISO New England, Inc. (ISO-NE) Internal Market Monitor (IMM) that generator assets qualified for exemption from energy market mitigation. ENGIE falsely stated compliance with specific conditions required to avoid mitigation, leading to a $48,000 civil penalty and an annual compliance report submission.



On May 20, 2024, the Commission approved the Stipulation and Consent Agreement (Agreement) between the ENGIE Energy Marketing NA, Inc. (EEMNA). The Agreement resolves Enforcement’s investigation into whether EEMNA misrepresented to the ISO New England, Inc. (ISO-NE) Internal Market Monitor (IMM) that generator assets EEMNA managed qualified for an exemption from energy market mitigation between July 2021 and September 2022. ENGIE Energy Marketing NA stipulates to the facts set forth in Section II of the Agreement, but neither admits nor denies the alleged violations in Section III of the Agreement. ENGIE Energy Marketing NA agreed to pay a $48,000 civil penalty and to submit an annual compliance monitoring report one year from the effective date of the Agreement.

Additional Discussion:

The ISO-NE IMM issued a memorandum on August 27, 2015, (the August 2015 Memorandum) stating that, under six specific conditions set forth therein (the Conditions), it would be appropriate under the ISO-NE Tariff for the IMM to consider not applying energy market mitigation to Forward Reserve Resources where mitigation would otherwise be warranted under section III.A.5 of the Tariff. The August 2015 Memorandum provided that Market Participants with Forward Reserve Resources satisfying all the Conditions could request that the IMM consider not applying energy market mitigation. Market Participants making this request are required to attest, among other things, that all the Conditions were satisfied. ENGIE submitted false statements of compliance with the requirements.

Associated Files: ENGIE Civil Penalty 20240520-187FERC61084-IN24-6-000-ENGIE Energy-Settlement Agreement

About Certrec:
Certrec is a leading provider of regulatory compliance solutions for the energy industry with the mission of helping ensure a stable, reliable, bulk electric supply. Since 1988, Certrec’s SaaS applications and consulting expertise have helped hundreds of power-generating facilities manage their regulatory compliance and reduce their risks.

Certrec’s engineers and business teams bring a cumulative 1,500 years of working experience in regulatory areas of compliance, engineering, and operations, including nuclear, fossil, solar, wind facilities, and other Registered Entities generation and transmission.

Certrec has helped more than 200 generating facilities establish and maintain NERC Compliance Programs. We manage the entire NERC compliance program for 80+ registered entities in the US, Canada, and Mexico that trust us to decrease their regulatory and reputational risk. Certrec is ISO/IEC 27001:2013 certified and has successfully completed annual SOC 2 Type 2 examinations.

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