News & Analysis as of

Energy Sector Swaps

The Trump Administration: Change By Appointment

The election of Donald J. Trump as the 45th President of the United States, along with the Republican control of the majority of both the House of Representatives and the Senate, will likely result in significant changes in...more

CORPORATE PPAs Market Trends and Opportunities

Corporations have dramatically increased their purchases of renewable energy in recent years. This trend has shifted the traditional power purchase market away from reliance upon utilities, and presents a tremendous growth...more

CFTC Proposes Guidance Clarifying that Certain Electric Capacity and Natural Gas Peaking Contracts are not “Swaps”

The CFTC has proposed guidance that certain capacity contracts in electric power markets and certain natural gas peaking supply contracts should not be considered “swaps” under the Commodity Exchange Act. The guidance does...more

Dodd-Frank Almost 6 Years Later: Where Are We Now? Energy-Related Derivatives Regulation

by Latham & Watkins LLP on

In the almost six years since the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the US Commodity Futures Trading Commission (CFTC) has, in large part, finalized its rulemakings...more

Crude Oil Swap Licenses: The Top 10 Things Exporters Need to Know

by Reed Smith on

Recent reports that the Obama administration authorized exports of U.S. light crude oil in exchange for imports of Mexican heavy crude have caused a stir in the industry and a fair amount of confusion in the press. The U.S....more

CFTC Forward vs. Trade Option: LDCs Still Struggle as Trade Option Reporting Deadline Looms

by Moore & Van Allen PLLC on

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) added provisions to the Commodity Exchange Act (“CEA”) regarding the regulatory oversight of swaps transactions that have imposed unintended and...more

A Simple Framework for Determining Whether Dodd-Frank Applies to Your Energy Trade

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank” or the “Act”) authorizes the Commodity Futures Trading Commission (“CFTC”) to comprehensively regulate energy trading activities. Dodd-Frank is...more

Regulatory Developments: CFTC's Office of General Counsel Responds to Frequently Asked Questions Regarding Certain Physical...

by White & Case LLP on

On November 14, 2012, the Office of the General Counsel (the "OGC") responded to frequently asked questions regarding which commercial agreements for the supply and consumption of energy would be considered a commodity...more

CFTC General Counsel Clarifies Application of “Swap” Definition to Energy Transportation and Storage Contracts

The CFTC Office of General Counsel (“OGC”) issued an interpretation today regarding application of the “swap” definition (and forward contract exclusion thereunder) to energy transportation and storage contracts, in response...more

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