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)



DOCUMENT TYPES: PPT PPTX PDF PRESENTATIONS AVAILABLE: 16

8:00
Registration Desk Opens and Continental Breakfast Served
8:30
Chair's Opening Remarks
Mr. Robert S. Fleishman
Senior Of Counsel
Morrison & Foerster LLP
8:45
FERC‚ CFTC and FTC: Regulatory Objectives and Recent Developments Under a New Administration
Mr. Stephen J. Obie
Acting Director‚ Division of Enforcement
CFTC
1 file
CFTC’s Enforcement Program
157.8 KB 10 pages Presentation
PPTX - CFTC’s Enforcement Program
Ms. Patricia V. Galvan
Deputy Assistant Director, Bureau of Competition
Federal Trade Commission
1 file
FTC’s Petroleum Market Manipulation Rule
181.5 KB 9 pages Presentation
PPT - FTC’s Petroleum Market Manipulation Rule
- Mr. Ken Raisler
Partner
Sullivan & Cromwell LLP
Mr. William L. Massey
Partner
Covington & Burling LLP
1 file
A NEW DIRECTION FOR FERC AND THE EVOLUTION OF FERC’S ENFORCEMENT PROGRAM
210 KB 14 pages Presentation
PPT - A NEW DIRECTION FOR FERC  AND THE EVOLUTION OF FERC’S ENFORCEMENT PROGRAM
9:45
Legitimate Risk Taking v. Market Manipulation: Where Do You Draw the Line?
Mr. Robert S. Fleishman
Senior Of Counsel
Morrison & Foerster LLP
1 file
LEGITIMATE RISK TAKING v. MARKET MANIPULATION: WHERE DO YOU DRAW THE LINE?
416 KB 55 pages Presentation
PPT - LEGITIMATE RISK TAKING v.  MARKET MANIPULATION: WHERE  DO YOU DRAW THE LINE?
10:45
Coffee Break
11:00
Complying With FERC Standards of Conduct - And Avoiding Allegations of Affiliate Abuse
Ms. Deanna Reitman
Senior Attorney, Marketing and Trading
Eni Trading & Shipping, Inc.
1 file
Standards of Conduct & Avoiding Allegations of Affiliate Abuse
244 KB 13 pages Presentation
PPT - Standards of Conduct & Avoiding Allegations of Affiliate Abuse
Mr. Charles Cerria
Associate General Counsel - Trading
Hess Corporation
1 file
Legitimate Pricing/Risk-Taking or Market Manipulation
179 KB 72 pages Presentation
PPT - Legitimate Pricing/Risk-Taking or Market Manipulation
12:00
Networking Lunch
13:30
Special Keynote Address: What FERC is Looking For in a Successful Energy Trading Compliance Program
Todd Mullins
Partner
McGuireWoods LLP
1 file
Compliance Program Principles, Elements, Strengths, and Weaknesses
193.8 KB 25 pages Presentation
PDF - Compliance Program Principles, Elements, Strengths, and Weaknesses
14:15
Afternoon Refreshment Break
14:30
Best Practices for Creating a Compliance Program that Meets FERC Requirements
Ms. Nicole W. Russell
VP and Internal Counsel
Mitsui & Co. Energy Risk Management (U.S.A)‚ Inc.
1 file
Best Practices for Creating a Compliance Program
1020 KB 25 pages Presentation
PPT - Best Practices for Creating a Compliance Program
Mr. Jim Heinzman
Managing Director
Actimize Inc.
1 file
Best Practices for Creating a Compliance Program
1020 KB 25 pages Presentation
PPT - Best Practices for Creating a Compliance Program
Ms Peggy A. Heeg
Partner
Fulbright & Jaworski L.L.P
2 files
Best Practices for Creating A Compliance Program That Meets FERC Requirements
1.2 MB 28 pages Presentation
PPT - Best Practices for Creating A Compliance Program That Meets FERC Requirements
Best Practices for Creating a Compliance Program
1020 KB 25 pages Presentation
PPT - Best Practices for Creating a Compliance Program
Ms. Kirstin E. Gibbs
Partner
Sutherland Asbill & Brennan LLP
1 file
Best Practices for Creating a Compliance Program
1020 KB 25 pages Presentation
PPT - Best Practices for Creating a Compliance Program
16:15
Conducting Internal Investigations: Ethics and Other Critical Considerations
Mr. Stephen R. Melton
VP and Deputy General Counsel
NiSource Corporate Services Company
1 file
INVESTIGATIONS - ETHICS, CONFLICTS, PRIVILEGE
752.5 KB 18 pages Presentation
PPT - INVESTIGATIONS -ETHICS, CONFLICTS, PRIVILEGE
-Mr. Michael L. Spafford
Partner
Bingham McCutchen LLP
1 file
Internal Investigations
494 KB 35 pages Presentation
PPT - Internal Investigations
17:15
Day One Concludes
7:30
Continental Breakfast
8:30
Chairs' Remarks
8:45
Preparing For‚ Responding to and Managing a Regulatory Audit or Investigation of Energy Trading
-Mr. Paul J. Pantano, Jr.
Partner
Cadwalader, Wickersham & Taft LLP
1 file
Preparing for and Responding to Government Investigations and Audits
237 KB 21 pages Presentation
PPT - Preparing for and Responding to Government Investigations and Audits
Ms. Kirstin E. Gibbs
Partner
Sutherland Asbill & Brennan LLP
1 file
Preparing for and Responding to Government Investigations and Audits
432.5 KB 14 pages Presentation
PPT - Preparing for and Responding to Government Investigations and Audits
9:45
Self-Reporting: Making the Right Call to Mitigate Civil Penalties
Ms. Sheila Hollis Slocum
Partner
Duane Morris LLP
1 file
Federal Energy Regulatory Commission Enforcement Program: Recent Developments and Role of Self-Reports
842.7 KB 45 pages Presentation
PPTX - Federal Energy Regulatory Commission Enforcement Program: Recent Developments and Role of Self-Reports
Mr Jeffrey Perryman
Director‚ Compliance
Atmos Energy Corporation
1 file
Self-Reporting: Making the Right Call to Mitigate Civil Penalties
600 KB 33 pages Presentation
PPT - Self-Reporting:  Making the Right Call to Mitigate Civil Penalties
11:15
Coffee Break
11:30
Reading The Tea Leaves: Interpreting FERC Enforcement Efforts on Energy Market Manipulation to Anticipate Future Developments
-Mr. R. Michael Sweeney, Jr.
Partner
Hunton & Williams LLP
1 file
Reading The Tea Leaves: Anticipating Future Developments Regarding the Regulation of Energy Trading, Marketing and Compliance
815 KB 18 pages Presentation
PPT - Reading The Tea Leaves: Anticipating Future Developments Regarding the Regulation of Energy Trading, Marketingand Compliance
12:30
Conference Concludes