Regulation, Compliance, and Administrative Litigation

 

 

Cadwalader's energy lawyers understand regulatory risk in both developed and developing markets and have deep experience addressing relevant issues across agencies, industries, geographies, and products.  Our team represents clients in many types of regulatory matters, including those before the Federal Energy Regulatory Commission (FERC), the U.S. Department of Energy, the U.S. Commodity Futures Trading Commission (CFTC), the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration, as well as multiple state public utility commissions, regional transmission organizations, and independent system operators. 

Cadwalader's energy group has participated in hundreds of FERC proceedings and has wide-ranging experience in electricity and natural gas regulatory matters before FERC.  Our lawyers also have worked on dozens of petitions for review of FERC orders and rules before the U.S. Courts of Appeals and have counseled clients on challenges to agency proceedings, rules, and decisions.  The group's experience with agency proceedings and rulemakings, along with its understanding of the implications of judicial review, position it as a leader in counseling clients on these important administrative matters.  In addition, we have decades of experience in representing natural gas, oil, liquids, and power industry participants in rate and tariff litigation at FERC, including related appeals. 

We have a robust oil and natural gas regulatory practice before FERC.  We routinely represent shippers in regulatory proceedings concerning interstate natural gas pipeline regulations, service, rate-setting, capacity assignment and release, tariff modifications, rulemakings, and asset management requirements.  We also regularly advise clients regarding interstate oil pipeline access, rate, and tariff issues.

We conduct compliance training for energy clients, including front-office traders and schedulers, and mid-office and back-office personnel.  Our training sessions can be broken down into modules or presented in a single session.  Our attorneys employ a highly interactive and practical training methods based on a thorough understanding of trading operations, applicable law, and government investigations.  Our approach encourages dialogue on important questions regarding existing and emerging rules, as well as enforcement issues related to energy and commodity trading and practices.  We offer refresher programs as well as annual updates, and routinely address new developments.

We have designed policies and procedures addressing compliance standards under FERC, CFTC, and other regulations for companies with physical and/or financial trading operations in electricity, natural gas, oil, and emissions. 

In addition, we provide an analysis of the risk of antitrust litigation surrounding commodity trading positions and assets in concert with Cadwalader’s antitrust practice.  Our attorneys focus on formulating practical and creative solutions that are designed to assist clients in achieving their business objectives, while at the same time minimizing litigation risk.

CFTC

  • Trade practices in OTC markets, electronic trading facilities, and designated contract markets
  • Implementation of trading strategies to comply with CEA and CFTC regulations
  • Legislative and regulatory advocacy
  • CFTC enforcement of anti-manipulation and fraud
  • Financial reform initiatives
  • Submission of comments to proposed agency regulations
  • CFTC Form 40 filings
  • Hedge exemptions from CFTC and designated contract markets
  • Guidance on registration processes
  • Application of CFTC regulations to agricultural options and swaptions
  • Forward contracting programs
  • Performance of compliance audits
  • Appellate litigation and challenges to agency rules, orders, and proceedings

FERC

  • Enforcement investigations and litigations
  • Market-based rate authorizations
  • Administrative litigation concerning market design, tariff filings and complaint proceedings
  • Transfers of jurisdictional assets and changes in status
  • Management of public utility securities
  • Electronic quarterly report matters
  • Capacity market proceedings and resource adequacy obligations
  • Alternative energy market structure and regulatory requirements
  • Market power analyses and mitigation
  • Rulemakings and policy statements
  • Natural gas pipeline and storage certificate proceedings
  • Oil pipeline access and rate setting
  • Order No. 741 credit reform and compliance proceedings
  • Compliance programs and requirements
  • Electricity regulatory analyses and approvals for transactions
  • Generation interconnection, scheduling and transmission services
  • Mergers and reorganizations
  • Interlocking directorate issues
  • Wholesale market design and structure issues
  • Demand response and load management
  • Transmission, interconnection, siting and permitting issues
  • Tariff modifications and rate setting
  • Electricity and natural gas rate and tariff proceedings
  • Hydropower compliance and enforcement issues
  • Tolls, energy management, scheduling and other energy agreements
  • Appellate litigation and challenges to agency rules, orders, and proceedings

FERC Electricity Proceedings

  • TPW Petersburg, LLC, Docket No. EC11-122
  •  The AES Corporation, DPL Inc., The Dayton Power and Light Company and DPL Energy, LLC, EC11-81
  • Montgomery L'Energia Power Partners, L.P., EC11-84
  • Entegra Power Group LLC, EC11-68
  • Morgan Stanley & Company, EC11-5
  • Various Order 741 credit reform filings
  • California Independent System Operator Corp., ER12-205
  • Dynegy Roseton, L.L.C. and Dynegy Danskammer, EC12-27
  • J.P. Morgan Ventures Energy Corporation and Morgan Stanley, EC11-97
  • Morgan Stanley Capital Group Inc. and Mitsubishi UFJ Financial Group, Inc., EC11-57
  • TAQA Gen X LLC, EC11-17
  • La Paloma Generating Co., EC10-28; MACH Gen LLC, et al., EC09-72; Granite Ridge Energy LLC, EC09-73
  • California Independent System Operator Corp., ER11-4580

FERC Natural Gas Proceedings

  • Southern Natural Gas Company, RP09-427-000
  • Kern River Gas Transmission Company, RP04-274-023
  • Arizona Public Service Company and Sequent Energy Management, L.P., RP10-45-000
  • Stingray Pipeline Company, L.L.C., RP11-2531-000
  • Trailblazer Pipeline Company LLC, RP11-2168-000
  • High Island Offshore System LLC, RP09-487-000; High Island Offshore System LLC, CP10-43-000
  • Columbia Gulf Transmission Company, RP11-1435-000
  • Stingray Pipeline Company, L.L.C., RP11-1957-000
  • Trailblazer Pipeline Company LLC, RP11-1939-000
  • Columbia Gulf Transmission Company and Energy Interchange, LLC, CP11-509 and CP11-510-000

State PUCs and Retail Energy Markets

  • Market monitoring and compliance issues
  • Commission rules and orders implementing federal qualifying facility requirements
  • Commission regulatory authority and policy regarding utility mergers, divestitures and restructurings
  • Retail natural gas and electricity power marketer licensing, on-going compliance and contracting requirements
  • Standard offer and basic generation wholesale power solicitationsRenewable portfolio standards, REC trading and solicitations
  • Utility retail rate and service setting proceedings in various states, including Kansas, Missouri, Illinois and Massachusetts
  • Siting, regulatory compliance and development of generation projects in Massachusetts and New York, among other states

NEWS

RESOURCES

6 Attorneys

Billinson, George D. Counsel Washington
T. +1 202 862 2411
Doroshkin, Nelli Associate Washington
T. +1 202 862 2392
Haskell, Mark R. Partner Washington
T. +1 202 862 2407
Rahman, Lamiya Associate Washington
T. +1 202 862 2209
Shipp, Bryan Associate New York
T. +1 212 504 5615
Snyder, Brett A. Special Counsel Washington
T. +1 202 862 2252

Finance Forum 2017

Cadwalader is proud to host the 2nd Annual Finance Forum in Charlotte on November 8, 2017.

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