Court Provides Further Clarity Regarding Scope of FERC’s Enforcement Authority

On March 30, 2018, the U.S. District Court for the Southern District of Ohio issued an opinion granting in part and denying in part motions to dismiss the Federal Energy Regulatory Commission’s (“FERC”) action seeking to enforce its assessment of civil penalties against Coaltrain Energy, L.P. (“Coaltrain”), the two co-owners of Coaltrain, and three other individuals (collectively, the “Defendants”). FERC alleges that the Defendants: manipulated the PJM Interconnection, L.L.C. market by placing virtual transactions for the purpose of increasing Coaltrain’s eligibility for Marginal Loss Surplus...

U.S. Futures Exchanges Disciplinary Actions Alert: March 2018

The Bracewell U.S. Futures Exchanges Disciplinary Actions Report is a monthly report that provides summaries of certain disciplinary notices by U.S. exchanges during the prior month. The report has a particular focus on notices potentially relevant to energy commodities and is not intended to be a comprehensive review of each and every notice issued. Instead, the report is intended to provide market participants, and compliance personnel in particular, with illustrative examples of rule violations and to bring to light enforcement trends across the exchanges. The disciplinary notices cited in...

U.S. Futures Exchanges Disciplinary Actions Alert: February 2018

The Bracewell U.S. Futures Exchanges Disciplinary Actions Report is a monthly report that provides summaries of certain disciplinary notices by U.S. exchanges during the prior month. The report has a particular focus on notices potentially relevant to energy commodities and is not intended to be a comprehensive review of each and every notice issued. Instead, the report is intended to provide market participants, and compliance personnel in particular, with illustrative examples of rule violations and to bring to light enforcement trends across the exchanges. The disciplinary notices cited in...

Upcoming Opportunity to Help Guide A Discussion With FERC Staff Regarding Accessing and Using EQR Data

On March 6, 2018, the Federal Energy Regulatory Commission (“FERC”) issued notice of its upcoming fifth biannual Electric Quarterly Report (“EQR”) Users Group meeting (see Docket No. AD18-9-000, Notice of Electric Quarterly Report Users Group Meeting ). [1] The spring meeting will take place on June 5, 2018 from 1:00 pm to 5:00 pm (EST) at FERC in the Commission Meeting Room. The biannual meeting has historically provided a forum for FERC staff and EQR users to discuss potential improvements to the EQR program and the EQR filing process. Notably, FERC staff has indicated it will dedicate time...
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FERC Orders Primary Frequency Response Without Compensation

On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) revised its regulations to require all newly interconnecting generation facilities to install, maintain, and operate equipment capable of providing primary frequency response as a condition of interconnection. [1] FERC found that the evolving generation resource mix along with recent technological advancements that now enable non-synchronous generation facilities, such as wind and solar facilities, to have primary frequency response led FERC to revise its regulations to uniformly mandate such generation facilities to...

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