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Seeing Beyond the Wall of Capital

In the United States, despite the continued spread of COVID-19 and the uneven approach to reopening, where that is even occurring, deals in the renewable energy sector are happening. In a recent article for Project Finance International, Chris Gladbach and Seth Doughty discussed the state of the US market for renewable power projects, including how investments (and investment styles) have changed, new technologies and more. Access the article. Republished with permission from Refinitiv Project Finance International.

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CFTC Proposes Reversing Course, Granting Private Right of Action in Energy Market Manipulation

Last week the Commodity Futures Trading Commission (CFTC) issued a notice of proposed order and request for comment proposing to allow a private right of action to enforce violations of the anti-manipulation, anti-fraud or scienter based provisions (Anti-fraud provisions) of the Commodity Exchange Act (CEA) in organized electricity markets.  The proposal is a controversial reversal of policy that critics say could open electricity market participants to increased costs and liability. After the Dodd-Frank Act expanded the CFTC’s jurisdiction under the CEA to include regulation of swaps, six regional transmission organizations (RTO) and independent system operators (ISO) petitioned the CFTC seeking exemptions from various provisions of the CEA for certain energy products traded in the electricity markets that the RTOs/ISOs administer.  These products include physical energy products traded with the ISOs/RTOs as well as financial transmission rights and other...

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