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Results: 1-10 of 55

CFTC seeks input on Dodd-Frank implementation issues affecting energy end-users
  • Bracewell LLP
  • USA
  • April 1 2014

With most of its rules implementing the swap regulatory provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") in


For the first time, a court sanctions disgorgement remedy for Sherman Act violation
  • Bracewell LLP
  • USA
  • February 9 2011

On February 2, 2011, the United States District Court for the Southern District of New York entered a Final Judgment relating to a settlement reached with KeySpan Corporation ("KeySpan") of a Department of Justice ("DOJ") Complaint regarding certain activity allegedly engaged in by KeySpan in the electric generating capacity markets in New York City (the "Order"


CFTC fines ConAgra $12 million, two commissioners dissent
  • Bracewell LLP
  • USA
  • August 25 2010

On August 16, 2010, the Commodity Futures Trading Commission issued an order approving a settlement resolving allegations that ConAgra Trade Group, Inc.caused a non-bona fide price to be reported for the NYMEX spot month crude oil futures contract in violation of the Commodity Exchange Act


CFTC designates seven ICE natural gas contracts as "significant price discovery contracts," subjecting them to regulatory oversight
  • Bracewell LLP
  • USA
  • April 27 2010

The Commodity Futures Trading Commission (CFTC) voted unanimously on April 27 to designate seven natural gas contracts traded on Intercontinental Exchange Inc. (ICE) as "significant price discovery contracts," or SPDCs


Force majeure provisions in power purchase agreements
  • Bracewell LLP
  • USA
  • May 4 2009

Recently Energy Risk magazine featured an article regarding "Force Majeure Provisions for Power Contracts."


Administrative judge decision explores “subjective” parameters of unlawful market manipulation
  • Bracewell LLP
  • USA
  • February 10 2010

Wending its way to FERC on exception (appeal) is Administrative Judge Carmen Cintron's January 22 initial decision finding that lead natural gas trader for hedge fund Amaranth Advisors, Brian Hunter, manipulated the price of New York Mercantile Exchange (NYMEX) natural gas futures contracts in order increase earnings on futures look-alike contracts (primarily swaps) that Amaranth concurrently held on the largely unregulated exchanges, Intercontinental Exchange (ICE) and Clearport, or over-the-counter (OTC


Enforcement authority under the Commodities Exchange Act undercut by US v. Radley
  • Bracewell LLP
  • USA
  • September 23 2009

On September 17, 2009, the U.S. District Court for the Southern District of Texas dismissed a twenty-six count indictment brought by the Commodity Futures Trading Commission ("CFTC") and U.S. Department of Justice ("DOJ") against four former BP employees for allegedly attempting to manipulate the Texas Eastern Transmission Corporation ("TET") propane market in 2004


CFTC designates four additional electricity contracts as SPDCs
  • Bracewell LLP
  • USA
  • July 22 2010

The Commodity Futures Trading Commission (CFTC) issued two orders on July 9, 2010, designating four monthly electricity contracts as Significant Price Discovery Contracts (SPDC) pursuant to section 2(h)(7) of the Commodity Exchange Act (CEA


Position limits rule would limit swap positions
  • Bracewell LLP
  • USA
  • January 26 2011

Exercising new authority Congress conferred on it in the Dodd Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), in a January 13 rulemaking proposal the Commodity Futures Trading Commission (CFTC) proposes to impose limit on holdings of certain derivatives, including swaps linked to energy commodity prices


PJM authorized to offer two new demand products in forward capacity market
  • Bracewell LLP
  • USA
  • February 2 2011

This week FERC approved a PJM proposal to establish two new demand resource (DR) products for the PJM forward capacity market, which is conducted under the Reliability Pricing Model (RPM