News & Analysis as of

Commodity Exchange Act (CEA) ISOs

Akin Gump Strauss Hauer & Feld LLP

CFTC Likely Will Not Move Forward on Controversial Proposal to Allow Private Claims for Fraud and Market Manipulation in...

In May 2016, the Commodity Futures Trading Commission (CFTC) proposed an amendment to a 2013 order concerning regional transmission organization (RTO) and independent system operator (ISO) organized electric markets that...more

Morgan Lewis

CFTC Proposes to Allow Private Lawsuits for Transactions in RTOs and ISOs

Morgan Lewis on

The proposal could create uncertainty for market participants and raise jurisdictional questions about which regulator should police power markets....more

Akin Gump Strauss Hauer & Feld LLP

CFTC Proposal to Open FERC-Regulated Power Markets to Private Lawsuits Could Have Profound Implications for all Organized...

On May 10, 2016, the Commodity Futures Trading Commission (CFTC) proposed to amend a 2013 order (the “RTO-ISO Order”) to allow for private lawsuits to be brought in connection with conduct in organized wholesale electricity...more

McDermott Will & Emery

CFTC Proposes Reversing Course, Granting Private Right of Action in Energy Market Manipulation

McDermott Will & Emery on

Last week the Commodity Futures Trading Commission (CFTC) issued a notice of proposed order and request for comment proposing to allow a private right of action to enforce violations of the anti-manipulation, anti-fraud or...more

Cadwalader, Wickersham & Taft LLP

CFTC Issues Proposed Order to Exempt Certain SPP Transactions from Regulation Under Most Provisions of the CEA and CFTC Rules

On May 19, 2015, the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued an order in response to an application from Southwest Power Pool, Inc. (“SPP”) proposing to exempt three categories of SPP transactions...more

Cadwalader, Wickersham & Taft LLP

Court Finds CFTC RTO/ISO Exemptive Order Bars CEA § 22 Private Right of Action, but More to Come from the CFTC

Can private litigants bring claims under the Commodity Exchange Act alleging manipulation in ERCOT’s energy markets? On February 3, the U.S. District Court for the Southern District of Texas answered “no,” granting...more

Perkins Coie

Financial Services Bulletin: Action At The CFTC, SEC, And Fed

Perkins Coie on

On Thursday, March 28, 2013, the Commodity Futures Trading Commission (the "CFTC") approved a final order that exempts certain non-financial energy derivative transactions between and amongst government-owned electric...more

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