Troutman Pepper Locke

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On February 24, 2010, the U.S. Commodity Futures Trading Commission (“CFTC”) issued an order that simultaneously filed and settled charges against UBS AG (“UBS”) for exceeding the New York Mercantile Exchange’s (“NYMEX”) position limits on certain natural gas, heating oil and platinum futures contracts.  Under the accepted Offer of Settlement, in which UBS does not admit or deny the CFTC’s findings, UBS agrees to pay a civil monetary penalty of $130,000.

On February 19, 2010, the American Public Power Association, Electric Consumers Resource Council, National Consumer Law Center, PJM Industrial Customer Coalition, Portland Cement Association, and Public Citizen sent a letter to FERC asking that generator profits be included in performance metrics for Regional Transmission Organizations (“RTO”) and Independent System Operators (“ISO”). 

In a rare move, the United States Department of Justice (“DOJ”) has taken antitrust enforcement action against a participant in a regional market overseen by the Federal Energy Regulatory Commission (“FERC” or the “Commission”). Specifically, DOJ investigated and filed a Sherman Act Section 1 complaint against KeySpan Corporation (“KeySpan”) with respect to a “swap” transaction pertaining to the New York Installed Capacity market operated by the New York Independent System Operator, Inc. This action may signal DOJ’s willingness to supplement FERC’s oversight over regional energy markets.

In a rare move, the United States Department of Justice (DOJ) has taken antitrust enforcement action against a participant in a regional market overseen by the Federal Energy Regulatory Commission (FERC). Specifically, DOJ investigated and filed a Sherman Act Section 1 complaint against Keyspan Corporation with respect to a “swap” transaction pertaining to the New York Installed Capacity market operated by the New York Independent System Operator, Inc. This action may signal DOJ’s willingness to supplement FERC’s oversight over regional energy markets.

Sixteen petitioners, representing three states and multiple industry associations and businesses, think tanks, and lawmakers, filed lawsuits by last Tuesday’s deadline against the U.S. Environmental Protection Agency (“EPA”) challenging the agency’s finding that greenhouse gases (“GHGs”) endanger health and welfare and thus can be regulated under the Clean Air Act.

On November 20, 2009, the California Independent System Operator Corporation (“CAISO”) filed its Convergence Bidding Design Policy (“Conceptual Filing”) to the Federal Energy Regulatory Commission (“FERC” or the “Commission”).  Convergence bidding allows for the submission of bids to buy or sell electricity in the day–ahead market that will not be consumed or produced by the bidder in real time.  Instead, these “virtual” transactions enable market participants to either buy or sell electricity in the day-ahead market and then undertake the opposing obligation to sell or buy the same amount of electricity in real time.

Recently, several news outlets reported on the shortage of rare earth elements and the effect the shortage may have on technology development within the energy industry.  Specifically, rare earth elements are predominantly mined and refined in China, which is using more and exporting less of the resource.  If that trend continues, there is speculation that wind development and other renewable energy investment outside China could suffer.