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Will Congressional Pressure on the CFTC to Share Information With FERC Bear Fruit?

The Federal Energy Regulatory Commission (“FERC”) has identified ferreting out energy market manipulation as a priority in its enforcement efforts.  On January 2, 2014, FERC and the U.S. Commodity Futures Trading Commission (“CFTC”) signed two Memoranda of Understanding (“MOUs”) that address the agencies’ jurisdictional overlap and sharing of information related to the agencies’ market surveillance … Continue reading »

The Gift That Keeps On Giving: CFTC’s Misaligned Definition of Forward Contracts Gives Rise to Another Potential Burden on LDCs Under Dodd-Frank Position Limit Rules

In our recent post, “CFTC Forward vs. Trade Option: LDCs Still Struggle as Trade Option Reporting Deadline Looms,” we discussed the unintended impact of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) on energy industry participants, including natural gas local distribution companies (“LDCs”) that continue to struggle with Commodity Futures Trading Commission (“CFTC”) … Continue reading »

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CFTC Forward vs. Trade Option: LDCs Still Struggle as Trade Option Reporting Deadline Looms

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) added provisions to the Commodity Exchange Act (“CEA”) regarding the regulatory oversight of swaps transactions that have imposed unintended and burdensome consequences on energy industry participants, including natural gas local distribution companies (“LDCs”).  Although the regulations adopted by the Commodity Futures Trading Commission (“CFTC”) have … Continue reading »

The CFTC and FERC Began the New Year with Steps toward Enforcement Coordination via MOUs on Jurisdiction and Information Sharing

Several months ago we discussed the lack of coordination between the Federal Energy Regulatory Commission (“FERC”) and the U.S. Commodity Futures Trading Commission (“CFTC”) regarding energy market enforcement activities.  See our previous post: Barriers to Cooperation between the CFTC and FERC Hinder Investigations into Energy Market Manipulation – A Legislative Fix May be on the Horizon.  … Continue reading »

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Barriers to Cooperation between the CFTC and FERC Hinder Investigations into Energy Market Manipulation – A Legislative Fix May be on the Horizon

            The Federal Energy Regulatory Commission (“FERC”) has initiated investigations into energy market manipulation in the last two years that have resulted in nearly $1 billion in penalties and profit disgorgements from companies and traders.  See our previous posts here, here, and  here.  Despite the significant enforcement efforts undertaken thus far, FERC Chairman Wellinghoff recently identified additional … Continue reading »

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