CFTC Solicits Comments on Proposal to Reassert Right to Private Litigation against RTOs and ISOs

The Federal Register published a CFTC request for comment on a proposed amendment to a March 28, 2013 Order that exempted specified electric energy transactions of six independent system operators and regional transmission organizations from virtually all provisions of the Commodity Exchange Act, except those prohibiting fraud and manipulation. The proposed amendment clarifies that such entities are not exempt from the private right of action provision of Section 22 of the CEA.

Comments on the proposed amendment must be submitted by June 15, 2016.