FERC’s Anti-Market Manipulation: Enforcement and Compliance Issues to Watch Out For
Fraud and market manipulation have been the top enforcement priorities of the Federal Energy Regulatory Commission's (FERC) since the passage of the Energy Policy Act of 2005. Currently, the FERC continues to investigate and bring enforcement action against companies engaging in energy market manipulation, investigations and proceedings.
Thus, it is imperative for energy companies and other businesses to monitor the developments in this area of law and to ensure that their compliance programs are up to date. Moreover, a strong internal compliance program can also help reduce risks and potential business perils.
In this LIVE Webcast a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide and present to the audience an in-depth analysis of the fundamentals as well as the recent developments in FERC’s Anti-Market Manipulation. Speakers will also present enforcement and compliance issues surrounding this significant topic.
Key topics include:
- FERC’s Market Oversight Mandate: Structure and Process
- Market Manipulation: FERC’s Interpretation
- Notable FERC Manipulation Cases and Rulings
- Differences Between Liability, Unjust Enrichment, Market Impact, and Civil Penalties
- De Novo Review
Carolyn A. Berry, PhD, Principal
- Overview of FERC’s market oversight mandate: structure and process
- FERC’s interpretation of market manipulation
- Recent FERC rulings on manipulation
- Industry push for change
John R. Morris, Principal
- Overview of financial impacts from FERC manipulation cases
- Differences between liability, unjust enrichment, market impact, and civil penalties
- Collecting the money: What is de novo review?
Who Should Attend:
- Antitrust Lawyers
- Energy Sector Lawyers
- Compliance Executives
- Fraud Analysts and Managers
- Financial Management Officers
- Financial Analysts
- Corporate Lawyers
- Top Level Executives
- Energy Companies
Carolyn Berry, PhD, is an energy economist with Bates White. She specializes in market design and analysis, policy formation, and regulatory issues in the energy industry. She has a proven track record as an expert witness in litigated proceedings and in achieving settlement with adverse parties. Dr. Berry has extensive experience with the Federal Energy Regulatory Commission, having worked on a wide variety of topics, including market manipulation, market monitoring, damages assessments, market structure and rules, cost recovery, and rate determination. She was actively involved in the analysis and dissection of the infamous Enron manipulation strategies in the early 2000s and the subsequent regulatory response. Dr. Berry continues to work with domestic and international clients on energy market issues of stranded costs, utility planning, and cost allocation, in additional to market structure, operation and efficiency.
Carolyn Berry, PhD, is an energy economist with Bates White. She specializes in market design and analysis, policy formation, and …
Dr. John R. Morris is a leading expert on competition and price formation in energy industries. He has provided competition studies and testimonies concerning many of the largest electric utility and natural gas mergers during the past 20 years. He also provided expert testimony in some of the most complicated energy cases during that span, including allegations of market power in California during 2000/2001 and allegations that Energy Transfer Partners manipulated natural gas prices at the Houston Ship Channel in 2005.
While working at the Federal Trade Commission (1985–1991), Dr. Morris worked on over a dozen natural gas pipeline matters, including Occidental Petroleum’s purchase of MidCon, Arkla’s purchase of Entex, and Panhandle Eastern’s acquisition of Texas Eastern. In addition, he provided expert testimony for the Federal Trade Commission in West Texas Transmission L.P. v. Enron Corp. et al.
Dr. John R. Morris is a leading expert on competition and price formation in energy industries. He has provided competition …
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Method of Presentation:
General knowledge of energy laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Bates White
Bates White is an economic consulting firm that provides advanced, empirically-based economic, financial, and econometric analysis to law firms, corporations, and government agencies. We advise clients on litigation, case development and strategy, assessing and analyzing the relative strengths of economic arguments, and determining optimal strategies for discovery, motions, trial preparations, and settlement.
About Economists Incorporated
EI is a premier consulting firm in the fields of microeconomics, law and economics, public policy, and business strategy. Our Sr. Economists, Vice Presidents, Sr. Vice Presidents and Principals hold Ph.D.’s from top universities such as MIT, Harvard, Princeton, Stanford, U.C. Berkeley, Yale and the University of Chicago. EI operates globally from offices in Washington, DC, San Francisco and Tallahassee.