Catherine Krupka is a member of Sutherland's Energy and Environmental Practice Group and is Chair of the Power and Natural Gas Regulatory Team. She advises commodities trading companies, including financial services companies, energy marketers and asset owners, on compliance and enforcement, agency regulation, and business transaction issues arising from trading physical and financial power, natural gas, emissions, crude and refined products. Representative Experience Compliance and Enforcement Catherine represents market participants in audits and investigations before the Federal Energy Regulatory Commission (FERC), Commodity Futures Trading Commission (CFTC), North American Electric Reliability Corporation (NERC), Department of Energy (DOE) and Public Utility Commission of Texas (PUCT), including conducting internal investigations, responding to agency inquiries, and negotiating the resolution of audit and investigatory matters related to power, natural gas, crude oil and liquids. Catherine has worked extensively on agency implementation of the Dodd-Frank Act, including on CFTC rulemakings, and routinely advises companies on the application of the Dodd-Frank Act and impending regulations to their business. She also assesses internal practices and implements compliance programs to ensure conformity with state, FERC, CFTC, EPA, DOE, NERC and FTC policies and regulations, including those related to market manipulation, position limits and reporting, transaction and price reporting, greenhouse gas and other emissions reporting, document retention, interlocking officer and director positions, regional reliability standards, DOE efficiency standards, and the Public Utility Holding Company Act. Catherine's compliance practice includes developing compliance manuals, business practices, training programs and internal review protocols. Mergers, Acquisitions and Trading Catherine advises on energy-related transactions, including mergers, company and asset acquisitions/dispositions, energy/asset management and tolling arrangements, and transmission and scheduling services agreements. She manages due diligence for all types of energy transactions, including regulatory due diligence related to energy assets and companies and counterparty due diligence, including energy market operators such as ISOs/RTOs and governmental entities that participate in the energy markets. Finally, Catherine advises on the regulatory obligations associated with energy-related acquisitions/dispositions, including FERC approvals and jurisdictional waivers. Market Participation Catherine has helped establish numerous trading organizations, including companies growing their business from within and for those integrating an acquired trading business. In this capacity, she advises companies on the requirements needed to enter into, and participate in, the wholesale energy markets, including market-based rate authorizations, DOE import and export licenses, qualifying facility certifications, and state registrations. She also advises on ISO, RTO, transmission and transportation requirements, including participant, membership and customer requirements, credit policies, and rules applicable to commodity trading, capacity, and ancillary services congestion rights, price caps and other mitigation measures, scheduling practices and requirements, and billing and settlement issues. Professional Honors and Awards · Recognized by Fortnightly as a Top Utility Lawyer of 2011 · Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of electricity regulation and litigation (2010, 2011) Professional and Community Involvement · Member, Federal Energy Bar Association · Member, Law and Compliance Division, Futures Industry Association · Member, Women's Council on Energy and the Environment Recent Publications and Speaking Engagements · Co-author, "Ten Questions to Ask When Thinking About Compliance," Partnering Perspectives (Fall 2010) · Co-author, "Who's In Charge of Carbon Markets?" Public Utilities Fortnightly (July 2008) · Co-author, "Climate Change: White Paper Favors Cap-And-Trade," Energy Law360 (October 2007) · Co-author, "There's a New Sheriff in Town: Energy Derivatives and FERC," Futures Industry (July/August 2007) · Speaker, "OTC Derivatives Regulation: The Aftermath of the Dodd-Frank Act," ACC Annual Conference (October 24, 2011) · Speaker, "The Art & Science of Harmonization," ARGUS: US Oil Market Regulation Summit 2011 (September 27, 2011) · Speaker, Webinar: The Dodd-Frank Act: Back to Basics for End Users, American Bar Association (June 7, 2011) · Speaker, "Dodd-Frank Act: Back to Basics for End Users," Futures Industry Association Energy Forum (June 7, 2011) · Speaker, "Developments in Agriculture and Energy," Futures Industry Association Law and Compliance Conference (May 6, 2011) · Speaker, "Update on Dodd-Frank Rule-Making," Futures Industry Association Energy Forum (October 5, 2010) · Speaker, "Recent Developments in Energy Investigations," ACC Legal Quick Hits (April 21, 2010) · Speaker, "Climate Change Issues," New Jersey Pharmaceutical and Food Energy User Group, Bristol-Myers Squibb, Lawrenceville, NJ (October 13, 2009) · Speaker and Moderator, "Legal and Regulatory Issues in Marketing Claims," Greenwashing and Greenmuting Panel, Renewable Energy Markets 2009 Conference (September 2009) · Speaker, Webinar: "NERC Audits and Culture of Compliance: Practice Pointers" (August, 10, 2009) · Speaker, "The Feds Step-Up (or Trip?) on Climate Policy," California Manufacturers & Technology Association (July 2009) · Speaker, "The Supreme Court's Treatment of the Mobile-Sierra Doctrine in Morgan Stanley Capital Group, Inc. v. PUD No. 1 of Snohomish County," Energy Bar Association (November 2008) · Speaker, "Carbon Trading Markets: Update on Markets in the U.S. and Lessons from the EU," Energy in the Southeast (June 2008) · Speaker, "Oversight of the U.S. Carbon Markets," Futures Industry Association Law & Compliance Conference (May 2008) · Speaker, "Renewables Contracting Risks in a Developing Regulatory Environment," Energy and Environment Conference (January 2008) · Speaker, "Energy Trading: 20/20 Oversight the CFTC and the FERC," Women's Counsel on Energy and the Environment (October 2007) · Speaker, "Contract Enforceability and the FERC Mobile-Sierra Doctrine," Futures Industry Association Law & Compliance Conference (May 2007) · Speaker, "Between a Rock and a Hard Place: Navigating the Ethical Path Between Privilege and Cooperation," Energy Bar Association (November 2004) News Sutherland Attorneys, Practices Top Chambers USA 2011 Rankings
April 14, 2011 Players eye FTRs possibly falling under law
October 8, 2010 Platts Megawatt Daily Trading community continues to wrestle with reform implications
October 6, 2010 Platts Oilgram News Sutherland Earns Top Chambers USA 2010 Rankings
July 7, 2010 "Sutherland Asbill Lures Energy, Environmental Partner from McDermot"
Sutherland welcomes new partner Catherine Krupka to the Energy and Environmental practice group in the Washington, DC office.
March 11, 2008 National Law Journal Legal Alerts Legal Alert: CFTC Holds First Open Meeting of 2012 and Finalizes Key Rulemakings Under the Dodd-Frank Act
January 13, 2012 Legal Alert: CFTC Extends Effective Date for Swap Regulation and Finalizes Certain Swap Data Recordkeeping and Reporting Requirements
December 22, 2011 Legal Alert: CFTC Attempts to Strike Balance Between Protection of Customer Funds and Flexibility for FCMs and DCOs Investing Customer Funds
December 13, 2011 Legal Alert: ISDA and SIFMA Attack Position Limits in First Challenge to CFTC Rulemaking Under the Dodd-Frank Act
December 7, 2011 Legal Alert: MF Global Update: MF Global Proceedings Test Multiple Insolvency Statutes
November 15, 2011 Legal Alert: CFTC Proposes to Extend July 14 Temporary Exemptive Relief Order
October 28, 2011 Legal Alert: CFTC To Subject Agricultural Swaps to the Same Regulatory Regime as Other Swaps, Creates a Whistleblower Program and Sets Rules and Registration Requirements for Swap Data Repositories
August 15, 2011 Legal Alert: FERC Adopts Transmission Planning and Cost Allocation Reforms
July 22, 2011 Legal Alert: CFTC Issues Final Order to Provide Temporary Relief from Provisions of the Dodd-Frank Act Slated to Become Effective on July 16, 2011 and Releases Agenda for Upcoming Meetings
July 15, 2011 Legal Alert: SEC Proposes Business Conduct Standards for Security-Based Swap Dealers and Major Security-Based Swap Participants
June 30, 2011 Legal Alert: Prudential Regulators Extend Public Comment Deadline for Capital and Margin Proposed Rules
June 23, 2011 Legal Alert: CFTC Proposes Temporary Relief from Certain Provisions of the Dodd-Frank Act Slated to Become Effective on July 16, 2011
June 14, 2011 Legal Alert: Review of Transmission Incentive Policies May Prompt Narrower Scope and Fewer Benefits
May 24, 2011 Legal Alert: CFTC Extends Most, But Not All, Proposed Rule Comment Periods; Lawmakers Propose Extension of Title VII's Deadline
May 6, 2011 Legal Alert: U.S. Treasury Secretary Proposes to Exempt FX Swaps and FX Forwards from Dodd-Frank's "Swap" Definition
April 29, 2011 Legal Alert: CFTC Proposes Key Rulemakings that Complete the "Mosaic" of Proposed Rules to Implement Title VII of the Dodd-Frank Act
April 28, 2011 Legal Alert: CFTC and SEC Seek Public Input on the Timetable for Effective Dates of Final Rules to Implement Title VII of the Dodd-Frank Act
April 15, 2011 Legal Alert: Proposed Margin Requirements for Uncleared Swaps Could Significantly Increase the Costs Associated with Over-the-Counter Swap Transactions and May Apply to Some End-Users
April 13, 2011 Legal Alert: PJM Moves to Rein in Demand Response "Double Counting"
April 11, 2011 Legal Alert: Chairman Gensler Outlines Timeline for Finalizing and Implementing the Commodity Futures Trading Commission's Dodd-Frank Rulemakings
March 18, 2011 Legal Alert: Comments Sought on Proposed Interpretive Order on Disruptive Practices Due May 17
March 18, 2011 Legal Alert: U.S. District Court Affirms Lehman Ruling Raising Concern on Cross-Affiliate Netting
February 16, 2011 Legal Alert: New Lehman Plan Portends Coming Battle for Holders of Derivatives-Based Claims
February 14, 2011 Legal Alert: CFTC Proposes Rules to Continue to Allow Agricultural Swaps and Commodity Options and to Supplement Previously Proposed Swap Documentation Requirements
January 21, 2011 Legal Alert: CFTC Issues Two Additional Proposed Rules Under the Dodd-Frank Act at Its First Open Meeting of 2011
January 14, 2011 Legal Alert: Dodd-Frank Act Rulemakings-End-User Update
January 7, 2011 Legal Alert: CFTC Issues Sixth Series of Proposed Rules Under Dodd-Frank Including Rules to Further Define Swap Entities
December 2, 2010 Legal Alert: Secretary of the Treasury Seeks Input on Whether Foreign Exchange Swaps and Foreign Exchange Forwards Should Be Regulated as Swaps Under Dodd-Frank
October 29, 2010 Legal Alert: FERC Adopts New Rules Addressing Credit Support Requirements in the Organized Energy Markets
October 25, 2010 Legal Alert: CFTC to Create a Position Reporting System for Certain Physical Commodity Swaps
October 21, 2010 Legal Alert: CFTC Solicits Comments on How the Trading of Agricultural Swaps Should Be Governed
October 20, 2010 Legal Alert: CFTC Issues Interim Final Rule With Respect to Reporting Requirements for Pre-Enactment Swaps
October 5, 2010 CFTC Designates Mid-C Financial Peak and Off-Peak Contracts Significant Price Discovery Contracts; Mid-C Daily Contracts and Fuel Oil-180 Singapore Swap Are Not
7/2/2010 Legal Alert: NERC Provides Guidance on Delegating Reliability Tasks
April 21, 2010 Legal Alert: FERC Clarifies QF Recertification Requirement
April 1, 2010 Legal Alert: FERC Issues Penalty Guidelines
March 19, 2010 Legal Alert: FERC Seeks Comments on Efficient Integration of Renewables
February 4, 2010 Legal Alert: Reliability Tops FERC's FY 2011 Budget Proposal
February 2, 2010 Legal Alert: FERC Seeks Comments on Expanding Reporting Requirement to Cooperatives and Others
January 25, 2010 Legal Alert: Supreme Court Holds Third Parties to Public Interest Standard
January 14, 2010 Legal Alert: EPA Publishes Tailoring Rule Requirements for Greenhouse Gases from Stationary Sources
October 29, 2009 Legal Alert: DOE Creates Financial Institution Partnership Program in Connection with Solicitation for Renewable Energy Loan Guarantee Applications
October 12, 2009 Legal Alert: House Passes Sweeping Climate Change Legislation - American Clean Energy and Security Act, 219-212
June 26, 2009 Legal Alert: FERC & MMS Further Outline Authority Over Offshore Renewable Energy
April 13, 2009 Legal Alert: U.S. House Democrats Release Broad Climate and Energy Draft Bill
April 2, 2009 Legal Alert: Effects of the Proposed EPA Greenhouse Gas Reporting Rule on Electric Cooperatives
March 25, 2009 Legal Alert: FERC and MMS Reach Agreement on OCS Renewable Energy Projects
March 17, 2009 Legal Alert: Stimulus Bill Provides a Boost for Renewable and Other Energy Investments
February 16, 2009 Legal Alert: Texas Legislators Promote Texas Joining the Northeast's Regional Greenhouse Gas Initiative
February 11, 2009 Legal Alert: FERC Remands NERC Registration Decision
November 21, 2008 Legal Alert: 2008 FERC Report on Enforcement
November 11, 2008 Legal Alert: FERC Policy Statement on Compliance
October 20, 2008 Legal Alert: California Takes Another Step Towards Allowing the Use of Tradable RECs for RPS Compliance
August 25, 2008 Legal Alert: NOx Emissions Allowance Contract Complaint Highlights Commercial Fallout from D.C. Circuit CAIR Decision
August 18, 2008 Legal Alert: FERC Provides Guidance on Enforcement Policy Procedures
May 19, 2008 Publications Ten Questions to Ask When Thinking About Compliance
Fall 2010 Partnering Perspectives Who's In Charge of Carbon Markets?
July 2008 Reprinted with permission Public Utilities Fortnightly Climate Change: White Paper Favors Cap-And-Trade
October 2007 Energy Law360 There's a New Sheriff in Town: Energy Derivatives and FERC
July/August 2007 Futures Industry Events Webinar: The Dodd-Frank Act: Back to Basics for End Users
June 7, 2011 ACC's 2011 Annual Meeting: "Learn Share Grow"
October 23-26, 2011 2011 Argus U.S. Oil Market Regulation Summit
September 27, 2011 33rd Annual Law & Compliance Division Conference
May 4-6, 2011 Futures Industry Association Energy Forum
October 5, 2010 New Jersey Pharmaceutical and Food Energy User Group
October 13, 2009 Renewable Energy Markets 2009: Leading the New Energy Economy
September 13-16, 2009 Sutherland Webinar: NERC Audits and Culture of Compliance
August 10, 2009 California Manufacturers & Technology Association
July 2009 Energy Bar Association
November 2008 Energy in the Southeast
June 2008 FIA 30th Annual Law & Compliance Division Workshop
May 7-9, 2008 2008 Futures Industry Association Law & Compliance Conference
May 2008 2008 Energy and Environment Conference
January 2008 Women's Counsel on Energy and the Environment
October 2007 2007 Futures Industry Association Law & Compliance Conference
May 2007 Energy Bar Association
November 2004 |