Extract to table

The evidence in the record—including testimony from Kyle Renfro and documentary evidence of DPT's tolling agreement with Hendricks County Energy Partners LLC—demonstrates that DPT's negative offers were consistent with a rational strategy of minimizing losses on must-run generation during periods of low market prices

While such a maximum is unlikely as a practical matter, the possibility of a higher penalty than would be achievable through settlement is a real risk that must be considered

155 FERC ¶ 61,204 (2016)), Staff must prove both (i) that DPT engaged in a fraudulent scheme, device, or artifice, and (ii) that DPT acted with the requisite scienter—i

Martin Llewellyn has confirmed that notification is required within 10 business days of execution of any settlement agreement and that the notification must include a summary of the material terms