Category Archives: Power

New Year, New Market-Based Rates Regulatory Regime

By Doron Ezickson, Thomas Millar, and Michael Selig The new year has brought U.S. electricity markets participants an overhauled regulatory regime for market-based rates under section 205 of the Federal Power Act.  The Federal Energy Regulatory Commission (“FERC” or “Commission”) has adopted the Final Rule on Refinements to … Continue reading

Posted in Enforcement and Investigations, FERC, Oil & Gas, Power, Regulation

REMIT Update – Data Reporting and Enforcement Activities

By Doron Ezickson and Adam Topping As 2016 begins, energy market participants must prepare for the second and final phase of data reporting under the EU Regulation on wholesale energy market integrity and transparency (“REMIT”). Moreover, the EU Agency for … Continue reading

Posted in Oil & Gas, Power, Regulation, REMIT

SAVE THE DATE: 2016 Spring Energy & Commodities Conference

Cadwalader, Wickersham & Taft LLP will host an in-depth discussion on the evolving regulatory, transactional and business issues facing U.S. and international energy and commodities market participants. As the industry continues to face sweeping regulatory, credit, and market challenges, many notable … Continue reading

Posted in CFTC, Commodity Trading, Distressed Energy, Dodd-Frank, Energy Infrastructure, Enforcement and Investigations, ERCOT, Events, FERC, Finance, Mining/Metals, Oil & Gas, PJM, Power, Regulation, Renewables

CFTC / CME Settle Misappropriation Case

On December 2, 2015, the U.S. Commodity Futures Trading Commission (“CFTC” or “Commission”) and the New York Mercantile Exchange (“NYMEX”) simultaneously announced settlements with Arya Motazedi, a gasoline trader, including for claims of insider trading under CFTC Rule 180.1.1 On … Continue reading

Posted in Cases, CFTC, Commodity Trading, Enforcement and Investigations, Mining/Metals, Oil & Gas, Power, Regulation

2015 FERC Enforcement Report Confirms Increase in Enforcement and Audit Activity as FERC Faces Unprecedented Number of Litigated Enforcement Matters

The Federal Energy Regulatory Commission’s (“FERC”) Office of Enforcement (“Enforcement”) issued its 2015 Report on Enforcement (“Report”) on November 19, 2015.  The Report summarizes FERC’s enforcement efforts during the fiscal year 2015 in Enforcement’s four divisions:  Investigations, Audits and Accounting, … Continue reading

Posted in Enforcement and Investigations, FERC, Oil & Gas, Power, Regulation

CFTC Extends No-Action Relief for Swaps Executed as Part of Certain Package Transactions

By Athena Eastwood, Andrew Greenberg, Neal Kumar and Michael Selig On October 14, 2015, the Division of Market Oversight (“DMO”) for the U.S. Commodity Futures Trading Commission (“CFTC”) issued an additional extension of no-action relief for swaps executed as part of “package” transactions.  This relief provides additional time … Continue reading

Posted in CFTC, Mining/Metals, Oil & Gas, Power, Regulation

CFTC Unanimously Approves Notice of Proposed Rulemaking on Regulation of Automated Trading

By Athena Eastwood, Isabelle Corbett, Neal Kumar, Jorge Pesok and Michael Selig On November 24, 2015, the Commodity Futures Trading Commission (“CFTC” or “Commission”) held an open meeting to propose the regulation of automated trading (“Regulation AT”).  According to the CFTC, the purpose of Regulation AT is to minimize the … Continue reading

Posted in Cases, CFTC, Mining/Metals, Oil & Gas, Power, Regulation

CFTC Releases Swap Dealer De Minimis Report

By Athena Eastwood, Anthony Mansfield, Sohair Aguirre, Jonathan Flynn, Andrew Greenberg and Neal Kumar When the U.S. Commodity Futures Trading Commission (“CFTC” or the “Commission”) defined the activity that would require an entity to register as a swap dealer, it provided an exception for entities that engage in a volume of dealing … Continue reading

Posted in CFTC, Mining/Metals, Oil & Gas, Power, Regulation

New DOJ Policy Regarding Individual Accountability for Corporate Wrongdoing

On September 9, 2015, the U.S. Department of Justice announced a new policy regarding individual accountability for corporate misconduct.  The policy, described in a memo authored by Deputy Attorney General Sally Yates, posits that “one of the most effective ways … Continue reading

Posted in Commodity Trading, DOJ, Energy Infrastructure, Enforcement and Investigations, Finance, Mining/Metals, Oil & Gas, Power, Regulation, Renewables, Tax

FCA and Ofgem Question Adequacy of Commodity Firms’ Compliance and Market Abuse Controls

By Doron Ezickson and Adam Topping In the most recent edition of its regular market conduct and transaction reporting-focused ‘Market Watch’ publication, the UK Financial Conduct Authority (“FCA”) provides a review of commodities firms’ compliance and governance structures, with particular regard to market abuse … Continue reading

Posted in Commodity Trading, Enforcement and Investigations, FCA, Oil & Gas, Power, Regulation, REMIT