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D.C Circuit rebuffs FERC's reach to regulate natural gas futures contracts

Winston & Strawn LLP
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USA
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March 15 2013

The D.C. Circuit issued an opinion on March 15, 2013, finding that FERC lacks jurisdiction to penalize alleged manipulation of natural gas futures

Court doubts FERC jurisdiction to police NYMEX trades

Winston & Strawn LLP
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USA
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February 8 2013

The Energy Policy Act of 2005 preserved the Commodity Futures Trading Commission's exclusive jurisdiction over futures transactions on commodity

CFTC guidance on certain physical commercial agreements for the supply and consumption of energy

Winston & Strawn LLP
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USA
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November 19 2012

On November 14th, the CFTC's Office of General Counsel provided its view regarding the classification of certain physical commercial agreements for the supply and consumption of energy that provide flexibility set forth in the CFTC's joint rulemaking with the SEC entitled Further Definition of "Swap"; "Security-Based Swap"; and "Security-Based Swap Agreement"; Mixed Swaps; Security-Based Swap Agreement Recordkeeping

CFTC issues two proposed orders to provide relief from CEA

Winston & Strawn LLP
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USA
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October 17 2012

In anticipation of certain provisions of the Dodd-Frank Act coming into effect on October 12, in late August, the Commodity Futures Trading Commission ("CFTC") issued two proposed orders intended to provide relief from certain provisions of the Commodities Exchange Act ("CEA") for transactions relating or linked to the physical delivery of electricity

CFTC exempts certain electric power transmission transactions

Winston & Strawn LLP
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USA
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August 27 2012

On August 21st, the CFTC approved a proposed order that would exempt certain specified transactions of Regional Transmission Organizations ("RTOs") and Independent System Operators ("ISOs") from certain provisions of the Commodity Exchange Act and CFTC regulations

CFTC proposes order exempting non-financial energy derivative transactions from the Commodity Exchange Act

Winston & Strawn LLP
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USA
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August 20 2012

On August 17th, the CFTC published for comment a proposed order that would exempt certain non-financial energy derivative transactions between and amongst government-owned electric utilities and cooperatively-owned electric utilities from most of the requirements of the Commodity Exchange Act

Natural gas commodity fraud convictions affirmed

Winston & Strawn LLP
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USA
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June 4 2012

On May 18th, the Fifth Circuit affirmed defendants' convictions and sentences for conspiring to submit false physical natural gas trade data to industry publications in order to manipulate the financial trade price for natural gas

Congressional calls for CFTC crackdown

Winston & Strawn LLP
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USA
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March 12 2012

On March 5th, Reuters reported that Democratic members of Congress have urged the futures regulator to crack down on excessive speculation in oil markets

Arcadia's physical commodity defense

Winston & Strawn LLP
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USA
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October 10 2011

On October 4th, Fox Business summarized the motion to dismiss filed by Arcadia Petroleum Ltd., whom the CFTC accuses of manipulating the price of oil

Energy market speculation at record high

Winston & Strawn LLP
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USA
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March 21 2011

On March 18th, FINalternatives reported that hedge fund speculation in the energy markets is at alltime highs