Commenters have weighed in overwhelmingly opposed to the regulations proposed in the FERC’s Notice of Intent (“NOI”) issued November 15, 2012 in RM13-100. In that NOI, the Commission’s stated intent was to enhance transparency in the natural gas market with new gas purchase reporting requirements, an intent the majority of the commenters argue would in fact be thwarted by the very reporting requirements proposed. Commenters note other concerns with FERC’s proposal, including that it is anticompetitive, and that the resources required for compliance would be considerable.
Continue Reading FERC NOI to Enhance Transparency in Natural Gas Market

On January 22, 2013, the Federal Energy Regulatory Commission (Commission) approved the January 14, 2013 settlement between its Office of Enforcement (Enforcement) and Deutsche Bank Energy Trading LLC (Deutsche Bank) to resolve an Order to Show Cause proceeding and Enforcement’s investigation under Part 1b of the Commission’s regulations, 18 C.F.R. Part 1b (2012), into Deutsche Bank’s conduct in the markets of the California Independent System Operator Corporation (CAISO). Under the settlement, Deutsche Bank stipulates to the facts; neither admits nor denies the violations; agrees to pay a civil penalty of $1.5 million; agrees to disgorge unjust profits of $172,645, plus interest; and agrees to implement improved compliance training and procedures.
Continue Reading FERC News: FERC Approves $1.5 million Deutsche Bank Market Manipulation Settlement

On August 20, 2012, FERC continued its series of regional technical conferences to explore ways to improve coordination between the electricity and natural gas markets. The first conference was held on August 6 in St. Louis, Missouri, and covered issues specific to the Midwest Region. The August 20 conference, held in Boston, addressed issues specific to the New England Independent System Operator Inc. (“ISO”) area.
Continue Reading FERC’s Technical Conference on Gas / Electric Coordination for the Northeast Region

On August 6, 2012, FERC held the first of five regional technical conferences to explore ways to improve coordination between the electricity and natural gas markets. These conferences, which are open to the public, were scheduled in response to issues raised in the public comments filed earlier this year in Docket No. AD12-12-000.  For purposes of the conferences, the Commission has focused on issues relevant to both industries [PDF], including: (1) communications, coordination and information sharing; (2) scheduling; (3) market structures and rules; and (4) reliability concerns.
Continue Reading Summary of FERC’s First Technical Conference on Gas / Electric Coordination

This post is the first in a series of practical pointers on dealing with enforcement actions and investigations by the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) Office of Enforcement, the National Energy Reliability Corporation (“NERC”), or other regional electric reliability organizations (“ERO”s).  Despite the overall focus of this series on investigations and enforcement actions, this particular piece deals with situations in which it makes sense for a regulated entity to take corrective action on its own before the Commission, NERC or a regional ERO issues a notice of penalty or otherwise instigates some sort of investigation – the self-report.
Continue Reading To Self-Report or Not: The Upside to FERC’s Self-Reporting Process.