By

Christopher Polito

04 October 2017

FERC Issues Declaratory Order Easing Regulatory Approval Requirements for Tax Equity Investors in Renewable Projects

On October 4, FERC issued an order granting a petition for declaratory order by a group of tax equity investors in renewable energy projects, which requested FERC confirmation that the tax equity interests identified in FERC’s order in AES Creative Resources do not constitute voting securities for purposes of section 203 of the Federal Power Act (“FPA”).  (more…)

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02 October 2017

Energy Enforcement Update

This week’s enforcement update covers:

  • Judge grants Smith motion for judgment on pleadings and dismisses Smith in Barclays case;
  • DOE urges FERC to take action to address electric grid resiliency;
  • CFTC Director of Enforcement emphasizes self-reporting and cooperation in speech;
  • CFTC Division of Enforcement issues Updated Advisory on Self Reporting and Cooperation;
  • CFTC orders Logista Advisors LLC to pay $250,000 for supervision failures related to spoofing;
  • CFTC orders Morgan Stanley & Co. LLC to pay $500,000 for supervision failures;
  • CFTC issues no-action relief regarding CPO and CTA registration;
  • CFTC orders Citibank, N.A. and Citigroup Global Markets Limited to pay a $550,000 penalty for swap data reporting violations;
  • CFTC orders Merrill Lynch to pay $2.5 million to settle charges of supervision failures and recordkeeping violations;
  • Silkman and CES file partial objection to magistrate’s discovery rulings in district court; and
  • FERC Staff presents on enforcement activities during the no-quorum period.

(more…)

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18 September 2017

Energy Enforcement Update

This week’s enforcement update covers:

  • CFTC orders W Resources, LLC to pay a $150,000 civil penalty for registration violations;
  • Senate Energy & Natural Resources Committee considers FERC nominees; new GC withdraws from FERC v. Powhatan case.
  • Rostin Behnam sworn in as a Commissioner of the CFTC;
  • Appeals court denies petition for rehearing related to spoofing conviction against Michael Coscia;
  • FERC approves settlement agreement with American Transmission Company;
  • FERC Enforcement settles with Westar Energy; and
  • FERC approves settlement agreement with City Power and Tsingas.

(more…)

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21 August 2017

Energy Enforcement Update

This week’s enforcement update covers:

  • FERC and Smith file pleadings on Smith motion for judgment on the pleadings in Barclays case;
  • CFTC finds that the Bank of Tokyo-Mitsubishi UFJ, Ltd. engaged in spoofing of Treasury futures and Eurodollar futures – applauds cooperation of the bank;
  • Appeals court upholds spoofing conviction against Michael Coscia;
  • FERC quorum restored with two new Commissioners;
  • Senate unanimously confirms CFTC nominees;
  • CFTC orders trader to pay $650,000 civil penalty for spoofing;
  • Judge grants motions to dismiss New York ZEC lawsuit; and
  • Fifth Circuit denies TOTAL petition for rehearing en banc of declaratory judgment action against FERC.

(more…)

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24 July 2017

Energy Enforcement Update

This week’s enforcement update covers:

  • Second Circuit reverses Rabobank LIBOR convictions over forced testimony;
  • Judge issues pretrial scheduling order in FERC case against Barclays;
  • Judge grants motions to dismiss Illinois ZEC lawsuit;
  • Ryan Smith files motion for judgment on the pleadings in Barclays case;
  • President Trump nominates Rostin Behnam to serve as CFTC Commissioner;
  • President Trump announces intent to nominate Kevin McIntyre as FERC Chairman;
  • FERC issues Notice of Alleged Violations against Rover Pipeline and Energy Transfer Partners;
  • CFTC files response to Kraft motion to compel; and
  • FERC issues Notice of Alleged Violations against American Transmission Company.

(more…)

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06 July 2017

Energy Enforcement Update

This week’s enforcement update covers:

  • CFTC enters into non-prosecution agreements with former Citigroup Global Markets Inc. traders in spoofing case;
  • CFTC orders $5.2 million in civil penalties for wash sales designed to generate exchange rebate fees;
  • FERC hosts technical conference on developments in natural gas index liquidity and transparency;
  • Senate Energy & Natural Resources Committee releases new energy bill;
  • President Trump announces intent to nominate Richard Glick as FERC Commissioner;
  • FERC Enforcement and City Power file status report on settlement; and
  • Judge grants Kraft Foods motion to compel discovery from the CFTC.

(more…)

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12 June 2017

Energy Enforcement Update

This enforcement update covers:

  • FERC and Department of Energy nominees clear Senate committee;
  • District court dismisses oil price manipulation complaints against multiple energy companies;
  • Barclays and FERC file Second Amended Joint Status Report and Court schedules settlement conference;
  • Fifth Circuit affirms dismissal of TOTAL’s declaratory judgment action against FERC;
  • Supreme Court limits SEC disgorgement to 5-year statute of limitations;
  • Kraft Foods moves to compel documents from CFTC; and
  • Fifth Circuit vacates judgment involving overly broad privilege standard and related protective order.

(more…)

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19 May 2017

Energy Enforcement Update

This week’s Enforcement Update covers:

  • Senate Energy & Natural Resources Committee to consider FERC nominees;
  • Ninth Circuit affirms dismissal of RICO class action against JPMVEC;
  • FERC to host technical conference on developments in natural gas index liquidity and transparency; and
  • Plaintiffs appeal dismissal of class action against TOTAL.

(more…)

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08 May 2017

Energy Enforcement Update

This week’s Enforcement Update covers:

  • Judge in Barclays case denies FERC motion to affirm civil penalties;
  • CFTC orders civil penalties and trading bans for former Citigroup Global Markets Inc. traders in spoofing case;
  • CFTC Acting Chairman Giancarlo appoints James McDonald as Enforcement Director;
  • FERC Enforcement and City Power reach settlement agreement; and
  • Judge dismisses plaintiffs’ class action complaint against TOTAL.

(more…)

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27 March 2017

Energy Enforcement Update

Politico Morning Energy reported this morning FERC WAIT MAY BE COMING TO AN END—“an informed tipster tells ME that those names — Neil Chatterjee, Robert Powelson and Kevin McIntyre — are expected to become official within in the next week.”  FERC has been without a quorum for nearly two months, hamstringing its ability to act on contested gas and electric rate filings, and infrastructure projects.  Senate Energy and Natural Resources Chairwoman Lisa Murkowski has vowed to prioritize FERC nominees before her panel once the White House releases them, but getting them confirmed will likely still take several weeks, notwithstanding the two-week recess next month.

This week’s enforcement update covers:

  • Department of Energy scrutinizing natural gas import and export reporting;
  • Judge in Powhatan/Chen proceeding grants leave to file amicus brief on de novo review;
  • Judge in ETRACOM case rules that “de novo review” means an ordinary civil action;
  • TOTAL responds to plaintiffs in class action proceeding;
  • Wyoming Pipeline Authority files then withdraws request for rehearing of FERC delegation order; and
  • Sidley to host roundtable on FERC energy and capacity market technical conference.

(more…)

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