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Our lawyers help clients avoid compliance issues that lead to activity by the DOE’s Office of Enforcement. Our energy regulatory team works closely with the firm’s litigation, transactional, white collar and environmental lawyers to provide comprehensive compliance and enforcement representation. We routinely develop audit procedures, regulatory compliance manuals and suggest procedures to ensure continued compliance with the requirements of the CFTC, FERC, DOE, Federal Trade Commission and various state agencies. We represent clients in responding to enforcement inquiries and investigations from FERC, CFTC and self-regulatory organizations such as CME Group and ICE Futures U.S. Our work extends from the initiation of the investigation, through data responses and depositions, to the matter’s final resolution. Bracewell provides comprehensive representation before the CFTC and other regulators in the development of regulations and policies to implement the Dodd-Frank Wall Street Reform and Consumer Protection Act.


Recent Notable Matters

Repsol North America — development, training and compliance in its commodity marketing and trading business

Alcoa Power Generating Inc. — development and administration of a FERC Compliance Plan

Plains All American Pipeline, Shell Energy North America (U.S.) L.P., Kinder Morgan Inc., Apache Corporation, Targa Resources Partners L.P., Freeport-McMoRan Oil & Gas, Madison Gas and Electric Company, Engie (f/k/a as GDF SUEZ Energy North America Inc.), NRG Energy, Inc. — comprehensive representation before the CFTC and other regulators in the development of regulations and policies to implement the Dodd-Frank Wall Street Reform and Consumer Protection Act

Multi-national company — CFTC investigation in which CFTC staff alleged market manipulation involving a petroleum product

Canadian oil sands company — document requests and subpoenas from the CFTC related to trading activities, including challenges to subpoena authority and jurisdiction, defending depositions, responding to a Wells notice, and negotiating a resolution

Global oil company — internal investigations, compliance reviews and audits

Multi-national oil and gas company — data requests from FERC related to trading activities, including defending depositions and negotiating settlements

Multi-national power generator — responding to special calls from the CFTC's Division of Market Oversight

Multi-national electric utility company — private civil litigation involving allegations of market manipulation under the Commodity Exchange Act

Natural gas clients — FERC regulatory compliance training sessions; compliance audits of operations; reviews and written reports relating to alleged violations of FERC rules and regulations; and regulatory and transactional aspects of asset management and capacity agreements

Retail energy marketer — exchange inquiries, including advocating on our client's behalf to the enforcement staff and disciplinary committees


Mark K. Lewis

Managing Partner, Washington, DC
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FERC Proposes To Limit Availability Of Tariff Waivers

May 27, 2020
Energy Legal Blog®

At its May 21, 2020 meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order soliciting comments on a proposed policy statement respecting the waiver of tariff requirements. [1] As discussed further below, the...

Tips for Trading Compliance During a Pandemic

March 16, 2020
Energy Legal Blog®

As many workplaces shutter and transition to telecommuting in response to the Novel Coronavirus (COVID-19), we are reminded that change always brings with it compliance risk. Even if your company has an emergency plan in place, assessing its effectiveness early and making adjustments as needed can avoid lapses in compliance...

An Autumn Gleaning: Insights from October 2019 decisions in Kraft Foods, Vitol Manipulation Cases

October 28, 2019
Energy Legal Blog®

For those interested in the contours of the Commodity Futures Trading Commission’s (CFTC) and the Federal Energy Regulatory Commission’s (FERC) anti-manipulation authority, three October 2019 decisions...

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