News & Analysis as of

Market Manipulation Oil & Gas Federal Energy Regulatory Commission

Jones Day

FERC's Latest Market Manipulation Case Shows Renewed Focus on Enforcement

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FERC's recent "order to show cause" against an energy trading firm and its owners for an alleged manipulative energy trading scheme in the nation's largest power market follows Chairman Glick's call for renewed enforcement. ...more

Proskauer - Minding Your Business

Nationwide Deep Freeze Leads to Spike in Natural Gas Prices

In the wake of the deep freeze that recently swept the nation, natural gas has taken the forefront among a slew of price gouging allegations. Last week’s winter storms caused natural gas spot market prices to spike, with some...more

Morgan Lewis - Power & Pipes

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

Akin Gump Strauss Hauer & Feld LLP

CFTC Brings Energy Market Insider Trading Case, Announces Insider Trading Task Force

• The CFTC has filed a new “insider trading” enforcement action involving the energy markets—the agency’s third energy market insider trading case since 2015. • The CFTC also created an Insider Trading and Information...more

WilmerHale

Environmental Deconfliction: The National Defense Authorization Act For Fiscal Year 2018 and Its Implications for Energy,...

WilmerHale on

The National Defense Authorization Act (“NDAA”) may be the most important piece of energy and environmental legislation most people have never heard of. It authorizes the appropriation of federal funds to support the U.S....more

Skadden, Arps, Slate, Meagher & Flom LLP

"Skadden Energy Law Handbook: Fourth Edition (November 2016)"

Skadden’s Energy Regulation and Litigation Group is pleased to provide the fourth edition of the Skadden Energy Law Handbook, which includes a summary of recent developments. The handbook contains 16 chapters covering a broad...more

Moore & Van Allen PLLC

Do Not Pass Go: FERC Administrative Proceedings Remain First Stop for Market Manipulation Claims under the Natural Gas Act

Moore & Van Allen PLLC on

Fraud and energy market manipulation have remained priorities of the Federal Energy Regulatory Commission’s Office of Enforcement (OE) over the past several years. The agency has ramped up its investigative efforts, reporting...more

Akin Gump Strauss Hauer & Feld LLP

Recent FERC Settlements Demonstrate Agency’s Continued Pursuit of Individual Trader Liability—But Also Include Rare Downward...

Key Points - - FERC continues to focus on “related-position” manipulation cases—this time involving bidweek trading to influence the value of related financial positions. - FERC aggressively pursues market...more

Akin Gump Strauss Hauer & Feld LLP

BP Case Reflects FERC’s Broad View of its Jurisdiction

On July 11, 2016, the Federal Energy Regulatory Commission (FERC or “Commission”) issued an order affirming an Administrative Law Judge’s (ALJ) Initial Decision finding that BP America (“BP”) and certain affiliated entities...more

Stinson LLP

FERC as Prosecutor, Judge and Jury?

Stinson LLP on

May the Federal Energy Regulatory Commission (FERC) initiate an enforcement investigation against a company for manipulating natural gas markets, order the company to show cause why it shouldn’t be fined and then decide the...more

Cadwalader, Wickersham & Taft LLP

FERC Increases Maximum Civil Monetary Penalties for Power, Gas and Oil Companies

On June 29, 2016, the Federal Energy Regulatory Commission (the “Commission”) issued an interim final rule amending the civil monetary penalties within its jurisdiction to adjust for inflation. FERC adjusted its penalties...more

Stinson LLP

FERC Proposes to Pierce the Corporate Veil and Impose $216 Million in Fines in Alleged Natural Gas Market Manipulation Scheme

Stinson LLP on

On April 28, 2016, FERC issued an order directing Total Gas & Power North America, Inc. (Total Gas), two of its traders, its ultimate corporate parent, Total S.A. (Total) and an affiliate Total Gas & Power, LTD (TGPL) to show...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden Energy Law Handbook - Third Edition (Dec. 2015)

Skadden’s Energy Regulatory and Litigation Group is pleased to provide the third edition of the Skadden Energy Law Handbook. This edition includes updates on recent developments, as well as a summary of those developments....more

Cadwalader, Wickersham & Taft LLP

Initial Decision Finds that BP Manipulated 2008 Natural Gas Market in Texas

On August 13, 2015, a Federal Energy Regulatory Commission (“FERC” or “Commission”) Administrative Law Judge (“ALJ”) issued an initial decision in which she found that BP America Inc. et al. (“BP”) manipulated the natural...more

Akin Gump Strauss Hauer & Feld LLP

BP Case May Again Test Limits of FERC’s “In Connection With” Enforcement Jurisdiction

A Federal Energy Regulatory Commission (FERC) Administrative Law Judge last week issued an Initial Decision finding that BP America (BP) and certain related BP entities violated FERC’s Anti-Manipulation Rule. Following a...more

Akin Gump Strauss Hauer & Feld LLP

FERC Issues Order to Show Cause and Notice of Proposed Penalty for Alleged Market Manipulation in New England

On February 2, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty (Show Cause Order) directing Calgary-based Maxim Power Corporation and certain of its...more

Akin Gump Strauss Hauer & Feld LLP

FERC Issues Notice of Alleged Natural Gas Market Manipulation

On July 9, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

Akin Gump Strauss Hauer & Feld LLP

FERC Sets Enforcement Case Against BP for Hearing, Takes Expansive View of Jurisdiction to Enforce Anti-Manipulation Rule

In an order issued on May 15, 2014 that takes a broad view of its jurisdiction over conduct that allegedly violates the Natural Gas Act’s (NGA) prohibition against market manipulation, the Federal Energy Regulatory Commission...more

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