Curtailment Service Provider to Pay $820,000 in Settlement with FERC

FERC has approved a settlement between its Office of Enforcement, EnerNOC, Inc., and Celerity Energy Partners San Diego LLC under which EnerNOC and Celerity agree to pay a civil penalty of $820,000 and disgorge $656,000, plus interest, to resolve Enforcement's investigations into whether EnerNOC submitted inaccurate metering data without exercising due diligence in ISO New England's demand response markets in violation of ISO-NE's tariff, and whether Celerity failed to comply with two Commission filing obligations in 2010.

According to FERC's order, "Enforcement determined that EnerNOC had submitted overstated data for ... five [demand response] assets and had violated ISO-NE's tariff by submitting inaccurate data for settlement without first exercising due diligence."

EnerNOC was overpaid for two of those assets, according to FERC's order. Enforcement reported that the violation caused less than $1,000,000 of market harm.

Additionally, according to FERC's order, "Enforcement determined that Celerity violated Order No. 714 and 18 CFR § 35.7 by failing to electronically file its baseline [market-based rate authority] tariff by October 1, 2010."

"Enforcement also determined that Celerity violated Order No. 697, 18 C.F.R. § 35.37(a)(1), and its market-based rate tariff by failing to file its updated market power analysis or a Category 1 Seller classification request by June 2010," FERC's order states.

Docket No. IN13-6