CFTC Extends Exemptions of RTO Energy Products to Bar Private Rights of Action

Stinson - Corporate & Securities Law Blog
Contact

The CFTC quelled a controversy that had emerged regarding its proposed exemption of certain specified energy products transacted in Regional Transmission Organizations (RTO) by doing a “180” on its proposals that otherwise would have made the general anti-fraud, anti-manipulation, and scienter-based prohibitions that still apply to such transactions under the Commodity Exchange Act enforceable through private rights of action. Instead, the CFTC expressly recognized in its Final Order that its RTO exemptions will exempt the specified transactions from the Act’s private right of action provision as well. The Federal Energy Regulatory Commission (FERC), numerous trade organizations, market participants, and others had strongly opposed the CFTC’s proposal to leave the transactions subject to private rights of action, arguing that such a regime would introduce unwarranted inconsistencies and uncertainty in markets that are already heavily regulated by FERC.

Commissioner Giancarlo stated in support of the Order: “As I have observed, preserving the Section 22 private right of action is not necessary in these heavily regulated markets. Both the CFTC and the FERC have the authority to seek redress for the claims of private persons who raise meritorious allegations of fraud or manipulation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Stinson - Corporate & Securities Law Blog | Attorney Advertising

Written by:

Stinson - Corporate & Securities Law Blog
Contact
more
less

Stinson - Corporate & Securities Law Blog on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide