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CFTC Obtains Another Guilty Plea of Market Manipulation, Makes Criminal Referral

The Commodity Futures Trading Commission (CFTC) announced last week that it has obtained another admission from a trader of violations of the Commodity Exchange Act and CFTC regulations ...more

FERC Promotes Greater Participation of Distributed Energy Resources and Demand Response in Energy Markets

The Federal Energy Regulatory Commission (FERC or the Commission) announced during its March 18 open meeting two recent actions to promote greater use of distributed energy resources and demand response. ...more

FERC Schedules Technical Conference to Discuss Electric System Reliability

In the wake of the February extreme cold weather that caused record levels of electric generation to be taken offline, the Federal Energy Regulatory Commission (FERC or the Commission) has scheduled a two-day technical...more

FERC to Investigate Natural Gas and Electricity Markets in Wake of Texas Storm

The Federal Energy Regulatory Commission (FERC) announced on February 22 that its Office of Enforcement would examine wholesale natural gas and electricity market activity during last week’s extreme cold weather ...more

FERC Clarifies Limits on Incidental, Non-Wholesale Activities of EWGs

On February 18, 2021, FERC approved the recertification of Brunner Island, LLC’s status as an exempt wholesale generator (EWG) subject to conditions that limit the economic activity of Brunner unrelated to wholesale power...more

Texas Blackouts Show Vulnerabilities of Electric Grid; Federal and State Investigations Announced

After severe winter weather forced Texas into experiencing power outages and rolling blackouts, there will likely be resulting federal and state investigations into the outages, federal investigations into commodity and...more

Another Guilty Plea in Insider Trading Case Under CFTC’s Anti-Manipulation Rule

A natural gas trader pleaded guilty in federal district court last week to conspiring to commit commodities fraud and wire fraud in an insider trading scheme over natural gas futures. His co-conspirator had pleaded guilty...more

The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement

It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more

NRC Staff Proposes Rulemaking to Update Environmental Regulations

The US Nuclear Regulatory Commission (NRC) Staff has sought the Commission’s approval to initiate a rulemaking to update the agency’s environmental protection regulations for licensing activities....more

Congress Updates US Energy Policy, Incorporates Energy-Related Tax Provisions Through Consolidated Appropriations Act, 2021

The US Congress has adopted the first extensive update to US federal energy policies in over a decade in the Energy Act of 2020 (Energy Act), which President Donald Trump signed into law on December 27 as part of the...more

DOE Streamlines Environmental Reviews for LNG Exports to Certain Countries

The US Department of Energy (DOE or Department) finalized a rulemaking proceeding last week that revises its National Environmental Policy Act (NEPA) implementing procedures pertaining to certain authorizations under the...more

CFTC Closes Record-Breaking Year for Enforcement Actions

The Commodity Futures Trading Commission (CFTC or the Commission) Division of Enforcement filed the most enforcement actions in the Commission’s history in fiscal year 2020 (FY 2020). On December 2, 2020, DOE released its...more

CFTC Releases Interim Report into April WTI Futures Price Collapse; Commissioner Berkovitz Issues Scathing Critique

The Commodity Futures Trading Commission (CFTC) recently issued an interim report by CFTC Staff on the April 2020 price collapse of the West Texas Intermediate light sweet crude oil futures contract (WTI Futures Contract)....more

FERC’s 2020 Enforcement Report Shows Fewer Investigations Opened, Resolved

The Federal Energy Regulatory Commission (FERC or the Commission) Office of Enforcement (OE) issued its 2020 Report on Enforcement on November 19. The report provides a review of OE’s activities during fiscal year 2020 (FY...more

DC Circuit Rejects FERC’s Use of Tolling Orders; FERC Issues Statement Asking Congress to Act

A decision by the US Court of Appeals for the DC Circuit on June 30 rejected the near routine use by the Federal Energy Regulatory Commission of tolling orders to prevent rehearing requests from being denied by operation of...more

FERC Revises Methodology to Evaluate Return on Equity (Again)

The Federal Energy Regulatory Commission (FERC) issued Order 569-A on May 21, significantly revising the methodology used to analyze the base return on equity (ROE) of a public utility’s rates under the Federal Power Act....more

COVID-19: FERC Grants Regulatory Relief, Commits to Exercise Prosecutorial Discretion

Federal Energy Regulatory Commission Chairman Neil Chatterjee on April 2, 2020, announced the commission’s plan to assist regulated entities in managing enforcement- and compliance- related burdens during the ongoing...more

Update on NRC Working Group Proposals Regarding ISFSI Inspections

As we previously reported, the Nuclear Regulatory Commission (NRC) established a Working Group to provide risk-informed enhancements to the Independent Spent Fuel Storage Installation (ISFSI) inspection program. NRC released...more

PHMSA Schedules Public Meeting on New Pipeline Safety Regulations, Safety Culture

The Pipeline and Hazardous Materials Safety Administration (PHMSA) will hold a two-day public meeting on February 26–27, 2020, to discuss with pipeline safety stakeholders the implementation of two final rules published in...more

Fourth Circuit Sides with FERC on Statute of Limitations in Some FPA Enforcement Proceedings

The US Court of Appeals for the Fourth Circuit  resolved a question of first impression on February 11 on when the statute of limitations period commences for civil enforcement claims brought by the Federal Energy Regulatory...more

FERC Orders PJM to Expand Minimum Offer Price Rule

The Federal Energy Regulatory Commission (FERC) on December 19, 2019, directed PJM Interconnection to extend its minimum offer price rule (MOPR) from new natural gas–fired electric generators to also cover any generator that...more

CFTC Awards $15 Million in Five Whistleblower Awards in 2019; Cumulative Awards Total $100 Million

The Commodity Futures Trading Commission (CFTC) recently released its Annual Report on the Whistleblower Program and Customer Education Initiatives for fiscal year (FY) 2019. The report, which details the operation of the...more

CFTC Settles With Energy Company for Acting as an Unregistered Futures Commission Merchant

The Commodity Futures Trading Commission (CFTC) filed and settled charges on October 24 against Upstream Energy Services LLC (Upstream Energy) for acting as an unregistered futures commission merchant. The Commission’s order...more

10/28/2019  /  CFTC , Energy Sector , FERC , Natural Gas , Oil & Gas
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