On September 19, FERC’s Office of Enforcement its reply to Footprint’s answer to the Order to Show Cause in Docket No. IN18-7.  Notably, Enforcement Staff recommends that the Commission vacate the Order to Show Cause.  Although Staff disagrees with most of the arguments that Footprint raises, Enforcement Staff finds merit in Footprint’s new defense relating to the start-up requirements of the unit at issue, Salem Harbor Unit 4.  In consideration of that argument – one which Enforcement Staff alleges Footprint had not fully raised in prior responses– Staff agrees with Footprint that its conduct during the June 27 through July 17, 2013 portion does not violate the four tariff provisions and regulations at issue.  Enforcement Staff still believes that Footprint violated those four tariff provisions and regulations during the remaining portion of the relevant period, when Footprint submitted Day-Ahead Limited Energy Generator offers from July 18 to July 25, because the start-up requirements comprising Footprint’s new defense do not apply then.  As a result, the supply offers during this latter period were inaccurate and violate the cited tariff provisions and regulations.  Nonetheless, in light of the now more limited scope and nature of the violations, Staff reevaluated its position and recommended that the Commission vacate the Order to Show Cause.