3RD NATIONAL FORUM ON ENERGY TRADING COMPLIANCE

Tuesday, September 22, 2009

About

A new administration… Heightened scrutiny… Stepped-up enforcement. It’s imperative to ensure your energy trading program is keeping up with rapidly-changing market realities….

Energy trading compliance is more critical now than ever, as the regulators ramp up scrutiny and enforcement efforts and a new administration comes in with clear intentions to continue and increase stringent regulation and enforcement in energy trading. 2008 saw a large increase in market manipulation investigations opened by FERC – from 12 in 2007 to 20 in 2008 – and self-reporting incidents more than doubled in the same time frame. Meanwhile, the CFTC is operating under enhanced civil penalty authority for market manipulation, the FTC is moving forward with exercising anti-manipulation authority in the oilpatch, settlements in the amount of $20 million were announced early this year – all in all, unprecedented activity on the regulatory and compliance fronts.

With increased oversight and enforcement actions, larger penalties, recent litigation over alleged non-compliance, and multiple regulators, ensuring your company’s compliance program covers all the bases has never been more essential.

ACI’s 3rd Annual Energy Trading Compliance Conference will provide you with an intensive, advanced-level forum where you can meet with other energy firms, traders and their advisors on the front lines and get the practical information and tools you need to manage increasingly difficult compliance challenges in a time of uncertainty and rapid change. Attend and gain critical information on:

  • Factors FERC will consider to determine an alleged market violation
  • Steps to take to identify and prioritize your compliance obligations regarding standards of conduct and affiliate abuse
  • FERC’s Second Policy Statement (2008): ensuring your compliance program measures up to their indicia for effective compliance programs
  • Running a thorough internal investigation while keeping costs down
  • Cooperating with an audit or investigation where both FERC and CFTC are involved
  • Balancing the risks of self-reporting against likelihood of reduced penalties

And much more!


Contents & Contributors

About

A new administration… Heightened scrutiny… Stepped-up enforcement. It’s imperative to ensure your energy trading program is keeping up with rapidly-changing market realities….

Energy trading compliance is more critical now than ever, as the regulators ramp up scrutiny and enforcement efforts and a new administration comes in with clear intentions to continue and increase stringent regulation and enforcement in energy trading. 2008 saw a large increase in market manipulation investigations opened by FERC – from 12 in 2007 to 20 in 2008 – and self-reporting incidents more than doubled in the same time frame. Meanwhile, the CFTC is operating under enhanced civil penalty authority for market manipulation, the FTC is moving forward with exercising anti-manipulation authority in the oilpatch, settlements in the amount of $20 million were announced early this year – all in all, unprecedented activity on the regulatory and compliance fronts.

With increased oversight and enforcement actions, larger penalties, recent litigation over alleged non-compliance, and multiple regulators, ensuring your company’s compliance program covers all the bases has never been more essential.

ACI’s 3rd Annual Energy Trading Compliance Conference will provide you with an intensive, advanced-level forum where you can meet with other energy firms, traders and their advisors on the front lines and get the practical information and tools you need to manage increasingly difficult compliance challenges in a time of uncertainty and rapid change. Attend and gain critical information on:

  • Factors FERC will consider to determine an alleged market violation
  • Steps to take to identify and prioritize your compliance obligations regarding standards of conduct and affiliate abuse
  • FERC’s Second Policy Statement (2008): ensuring your compliance program measures up to their indicia for effective compliance programs
  • Running a thorough internal investigation while keeping costs down
  • Cooperating with an audit or investigation where both FERC and CFTC are involved
  • Balancing the risks of self-reporting against likelihood of reduced penalties

And much more!


Contents & Contributors

Chair’s Opening Remarks
Robert Fleishman, Covington & Burling LLP (Washington, DC)

FERC, CFTC and FTC: Regulatory Objectives and Recent Developments Under a New Administration
Patricia V. Galvan, Deputy Assistant Director, Bureau of Competition, Federal Trade Commission (Washington, DC)
William Massey, Covington & Burling LLP (Washington, DC)

Legitimate Risk Taking v. Market Manipulation: Where Do You Draw the Line?

Robert Fleishman, Covington & Burling LLP (Washington, DC)

Complying With FERC Standards of Conduct - And Avoiding Allegations of Affiliate Abuse
Deanna Reitman, Director, Commercial & Trading Compliance, Chevron Services Company, a Division of Chevron U.S.A., Inc. (Houston, TX)
Charles Cerria, Associate General Counsel - Trading, Hess Corporation (New York, NY)

Special Keynote Address: What FERC is Looking For in a Successful Energy Trading Compliance Program
Todd Mullins, Branch Chief, Investigations 5, Investigations Division, Office of Enforcement, Federal Energy Regulatory Commission (FERC) (Washington, DC)

Best Practices for Creating a Compliance Program that Meets FERC Requirements
Nicole W. Russell, Vice President & Internal Counsel, Mitsui & Co. Energy Risk Management (U.S.A.), Inc. (New York, NY)
Jim Heinzman, Managing Director, Actimize Inc. (New York, NY)
Peggy Heeg, Fulbright & Jaworski LLP (Houston, TX)
Kirstin E. Gibbs, Partner, Sutherland Asbill and Brennan LLP ( Washington, DC)

Conducting Internal Investigations: Ethics and Other Critical Considerations
Stephen R. Melton, Vice President & Deputy General Counsel, NiSource Corporate Services Company
Chief FERC Compliance Officer for the NiSource Pipelines and Northern Indiana Public Service Company (Houston, TX)
Michael Spafford, Bingham McCuthen LLP (Washington, DC)

Preparing For, Responding to and Managing a Regulatory Audit or Investigation of Energy Trading
Paul J. Pantano, Jr. , McDermott Will & Emery LLP (Washington, DC)
Kirstin E. Gibbs, Partner, Sutherland Asbill and Brennan LLP ( Washington, DC)

Self-Reporting: Making the Right Call to Mitigate Civil Penalties
Sheila Slocum Hollis, Duane Morris LLP, Former First Director of the Office of Enforcement of FERC (Washington, DC)
Jeffrey Perryman, Director, Compliance, Atmos Energy Corporation (Dallas, TX)

Reading The Tea Leaves: Interpreting FERC Enforcement Efforts on Energy Market Manipulation to Anticipate Future Developments
R. Michael Sweeney, Jr., Hunton & Williams LLP (Washington, DC)