Regulatory Alerts2016-04-08 | 2016-08076Certain Natural Gas and Electric Power Contracts
The Commodity Futures Trading Commission and the Securities and Exchange Commission jointly issued proposed guidance to clarify that certain natural gas and electric power contracts are not swaps under the Commodity Exchange Act. The agencies preliminarily conclude that these customary commercial arrangements, which are entered into to satisfy regulatory reliability obligations and ensure physical supply rather than for speculation, should be excluded from swap regulation. The document invites public comment on these specific capacity and peaking supply contracts by May 9, 2016.
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