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CFTC

09 May 2016

Energy Enforcement Update

This week’s enforcement update reports on developments in the TOTAL and ETRACOM cases—FERC’s order to show cause against TOTAL and venue transfer for TOTAL’s complaint in district court; and ETRACOM files an additional expert affidavit in the FERC proceeding, but FERC denies ETRACOM’s request for discovery from CAISO.  Also, there is a new NAV issued against Saracen Energy Midwest for alleged SPP tariff violations.

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03 April 2016

Energy Enforcement Update

Lot of developments in enforcement this week, including a new FERC enforcement settlement plus related criminal charges by the United States and Massachusetts.  We also cover the Fifth Circuit’s denial of a private right of action in the GDF Suez case (remember the pending SPP exemptive relief application), filings in the Powhatan/Chen, Maxim Power and Barclays proceedings in federal district court, and the ETRACOM proceeding at FERC.

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14 February 2016

Energy Enforcement Update

With the passing of Justice Scalia, we wonder how a revamped Supreme Court will approach FERC’s anti-manipulation authority.  Scalia rendered notable dissents in Oneok, Inc. v. Learjet and FERC v. EPSA, which speak to the role of FERC.  The Commission’s anti-manipulation authority will one day come before the Supreme Court – the Court’s composition then will be interesting to see vis-à-vis FERC’s enforcement power.

This week’s enforcement update covers Lincoln Paper, and FERC’s stats on enforcement from the Commission’s annual budget request and performance report.

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07 February 2016

Energy Enforcement Update

As Super Bowl 50 wraps up, a quick update on enforcement this week, including FERC and CFTC actions in federal district court:

  • Barclays and traders file opposition to FERC motion to affirm civil penalties, as well as reply in support of motion for a stay.
  • CFTC files motions opposing Kraft’s affirmative defenses and interlocutory appeal.

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31 January 2016

Energy Enforcement Update

Recent developments:

  • TOTAL files lawsuit in Texas district court over FERC enforcement action.
  • FERC files opposition to Barclays motion for a stay in district court.
  • At the January 25-26, 2016 Buying and Selling Electric Power in the West Conference, David Applebaum, Director of FERC’s Division of Investigations patched in Tuesday by video due to cancelled flights.

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