CFTC Final Order: Relief for Certain Non-Financial Energy Transactions between Government and Cooperatively-Owned Electric Utilities

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Gavel.png FINAL RULE: CFTC Final Order approved April 2, 2013.
Timeline: Exemptive Relief for Certain Energy Transactions
Proposal Date Comment Deadline Final Rule Issue/Effective Date
August 23, 2012 September 24, 2012 April 2, 2013

On August 17, 2012, the CFTC issued a proposed order that would grant exemptive relief on non-financial energy derivative transactions between and among government-owned electric utilities and cooperatively-owned electric utilities ("electricity co-ops"). The proposed rule was approved unanimously in a seriatim vote on August 17, 2012. The rulemaking appeared in the Federal Register on August 23, 2012, and the deadline for public comment was September 24, 2012. Comments can be viewed HERE.

On April 2, 2013, the CFTC issued its final order, which mirrors the proposed order but adds a few minor clarifications and technical changes.

Background[edit]

Among the provisions of the Dodd-Frank Act is a requirement that the CFTC provide certain electric utilities an exemption to the the clearing mandate and other Dodd-Frank related rules if it is deemed by the commission to be "in the public interest."

Summary of the Final Order[edit]

The entities to which relief would be granted are described in Section 201(f) of the Federal Power Act (FPA), which includes:

  • government-owned electric utilities;
  • electric cooperatives that receive financing from the Rural Utilities Service; and
  • electric facilities owned by Federally-recognized Indian tribes.

The types of transactions that would qualify for the proposed relief are those intended for making or taking physical delivery of the underlying commodity upon which the transaction is based, and are intended to facilitate the generation, transmission, and/or delivery of electric energy. Relief is limited to these categories:

  • electric energy delivered,
  • generation capacity,
  • transmission services,
  • fuel delivered,
  • cross-commodity pricing, and
  • other goods and services.

Entities granted the exemption will still be required to comply with the commission's whistleblower provisions, as well as its antimanipulation and anti-fraud rules.

Related Document: Final Order as it Appeared in the Federal Register; Q&A from the Proposal[edit]

References[edit]

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