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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 »