The Hunter-Amaranth-FERC Redo, Part 2

Attached is an analysis by Robert Zwirb of the written arguments of the parties and the CFTC (as intervenor) in the Brian Hunter v. FERC manipulation case. Hunter is a former Amaranth Advisors trader.The question in this case is whether FERC can prosecute a trader of natural gas futures contracts under FERC's anti-manipulation rule, in particular, whether it has jurisdiction to bring that case. The CFTC intervened in the case and argued that its own exclusive jurisdiction over futures transactions precludes FERC from asserting jurisdiction over the same transactions.

A prior analysis by Zwirb of the oral arguments appeared previously in the Energy Metro Desk. In this follow-up analysis, Zwirb analyzes the primary arguments made in the appellate briefs on this issue.

Click here to view the article in full.

The attached is an excerpt from the most recent issue of Energy Metro Desk, which is published bi-weekly by Scudder Publishing Group, an energy trade news publishing company based in the Washington, D.C. metropolitan area. Those interested in learning more about the Energy Metro Desk may do so by linking to www.energymetro.com or emailing [email protected].

Reprinted with permission of the publisher, Scudder Publishing Group, LLC. Copyright 2013.

Related News Item: Brian Hunter v. FERC (vs. CFTC) (with Cadwalader Summary of Oral Argument).
See also: "CFTC FERC vs. Amaranth: Doing the Sister Regulator Act" (by Sharon Brown-Hruska and Robert Zwirb).