Federal Energy Regulatory Commission v. Powhatan Energy Fund, LLC et al, No. 3:2015cv00452 - Document 89 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 12/28/2017. (jsmi, )
Download PDF
<![CDATA[
Federal Energy Regulatory Commission v. Powhatan Energy Fund, LLC et al Doc. 89 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division FEDERAL ENERGY REGULATORY COMMISSION, Petitioner, V. Civil Action No. 3:15cv452 POWHATAN ENERGY FUND, LLC, HOULIAN "ALAN" CHEN, HEEPFUND, INC., and CU FUND, INC., Respondents. MEMORANDUM OPINION This matter comes before the Court on cross-briefs filed by Petitioner Federal Energy Regulatory Commission ("FERC" or the "Commission"), (ECF No. 39), and Respondents Powhatan Energy Fund, LLC ("Powhatan"), Houlian "Alan" Chen ("Chen"), HEEP Fund, Inc. ("HEEP Fund"), and CU Fund, Inc. ("CU Fund") (collectively, the "Respondents"), (ECF No. 38). Both briefs discuss, as ordered by the Court, the meaning of this Court's de novo review under Section 31 of the Federal Power Act ("FPA"), codified at 16 U.S.C. § 823b(d)(3)(B).' (ECF No. 36.) The parties also have submitted supplemental briefs, (ECF ^16 U.S.C. § 823b(d)(3)(B) provides: (B) If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (A), the Commission shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in Part such assessment. 16 U.S.C. § 823b(d)(3)(B) (footnote omitted). Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
