The Hunter-Amaranth-FERC Redo

Attached is an analysis by Robert Zwirb of last week's oral argument in the Brian Hunter v. FERC manipulation case that appeared in the Energy Metro Desk. 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. 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.

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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).