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HTMLCounterparty Rights in Energy Bankruptcies
James M. Cain, Eric R. Fenichel, Catherine M. Krupka, David T. McIndoe, Richard G. Murphy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on January 29, 2015
For the past several years, low interest rates and higher commodity prices have resulted in generally favorable financial conditions in the energy sector, keeping energy bankruptcy activity to a minimum. With the recent sharp decline of prices in numerous commodities and forecasts of higher...

 

Adobe PDFCFTC Grants No-Action Relief to Commodity Pool Operators with Respect to Certain Insurance-Linked Securitization Vehicles
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on January 16, 2015
Toward the end of 2014, the staff of the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) issued two letters affecting insurance-linked securitization vehicles: CFTC Letter No. 14-145 and CFTC Letter No. 14-152.

 

HTMLCFTC Fines Summit Energy Services, Inc. for Violating CTA Registration Rules Under the Commodity Exchange Act
Daphne G. Frydman, Alexander S. Holtan, Catherine M. Krupka, Nicole S. Lim, Raymond A. Ramirez; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on February 4, 2015
On January 16, the Commodity Futures Trading Commission (CFTC) issued a settlement order requiring Summit Energy Services, Inc. (Summit Energy) to pay a $140,000 civil monetary penalty for acting as an unregistered commodity trading advisor (CTA),1 in violation of Section 4m(1) of the Commodity...

 

HTMLCFTC Division of Market Oversight Releases Questions for June 19 Roundtable on Position Limits
James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 23, 2014, previously published on June 18, 2014
The Commodity Futures Trading Commission (CFTC) will host a public roundtable on June 19, 2014, to discuss questions related to a proposed rulemaking to establish speculative position limits for 28 exempt and agricultural commodity futures and option contracts and their economically equivalent...

 

HTMLStorm Clouds Continue to Gather Over Bankruptcy Code’s Safe Harbors
James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 6, 2014, previously published on May 29, 2014
As noted in a previous Sutherland Legal Alert, the American Bankruptcy Institute has formed a Commission to Study the Reform of Chapter 11 (the Commission). To further its goal of proposing changes to modernize the Bankruptcy Code, the Commission formed a number of advisory committees, including...

 

Adobe PDFFERC Issues a NOPR Reforming Gas Day and Two Orders to Improve Natural Gas - Electric Generation Industry Coordination
Paul F. Forshay, Daniel E. Frank, Meghan R. Gruebner, Jennifer J.K. Herbert, Catherine M. Krupka; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 28, 2014, previously published on March 26, 2014
On March 20, 2014, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR)1 and two separate, but related, Orders2 to improve the coordination of scheduling natural gas pipeline capacity to meet increasing demand from gas-powered electricity markets....

 

Adobe PDFCFTC Issues No-Action Relief and Interpretive Guidance Related to SEFs
James M. Cain, Jacob Dweck, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 3, 2013, previously published on October 2, 2013
As the date for compliance with swap execution facility (SEF) registration requirements approached, the Commodity Futures Trading Commission (the CFTC or Commission) issued a number of no-action letters and interpretive guidance regarding the obligations of market participants, intermediaries,...

 

Adobe PDFReview of Transmission Incentive Policies May Prompt Narrower Scope and Fewer Benefits
Paul F. Forshay, Daniel E. Frank, Alexandra D. Konieczny, Catherine M. Krupka, Jennifer J. Kubicek, Keith R. McCrea; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 26, 2011, previously published on May 24, 2011
In a May 19, 2011 Notice of Inquiry (NOI), the Federal Energy Regulatory Commission (FERC) signaled that it may be ready to modify its transmission investment pricing policies. The NOI requests industry comments on whether the rate incentives provided under FERC’s transmission investment...

 

Adobe PDFPJM Moves to Rein in Demand Response “Double Counting”
Paul F. Forshay, Daniel E. Frank, Catherine M. Krupka, Keith R. McCrea; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 14, 2011, previously published on April 11, 2011
Responding to the Federal Energy Regulatory Commission’s recent order in EnerNOC, Inc., 134 FERC ¶ 61,158 (2011), on April 7, 2011, PJM Interconnection, L.L.C. (PJM) submitted a Federal Power Act section 205 filing intended to clarify the measurement of capacity curtailment by demand...

 

Adobe PDFCFTC Proposes Rules to Continue to Allow Agricultural Swaps and Commodity Options and to Supplement Previously Proposed Swap Documentation Requirements
James M. Cain, W. Thomas Conner, Catherine M. Krupka, Paul B. Turner; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 24, 2011, previously published on January 21, 2011
The Commodity Futures Trading Commission (CFTC) issued two proposed rules under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) at an open meeting held yesterday, January 20, 2011. The first proposed rule would permit agricultural swaps and commodity options and...

 


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