ENERGY TRADING Compliance & Regulatory Enforcement American Conference Institute’s 11 National Forum on

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American Conference Institute’s 11

th

National Forum on

ENERGY TRADING

Compliance & Regulatory Enforcement

Lessons Learned from Recent Enforcement Actions & Agency Priorities and the Practical Effects of Global Regulation on Market Participants

Inquire about government rates

June 4–5, 2015 | Omni Houston Hotel | Houston, TX

Rick Glaser

CFTC

Elise Pallais

CFTC

Petal Walker

CFTC

HEAR FROM:

Lee Ann Duffy

CFTC (invited)

Tegan Flynn

FERC

Robert Ivanauskas

FERC

Benchmark your practices with leaders from these top companies:

BP

ConocoPhillips

Direct Energy

Hess

Citigroup Energy Inc.

Mercuria Energy Trading

Repsol

J.P. Morgan

Bank of America

NRG Energy

Tesoro Companies

E.ON Global Commodities

SESSIONS INCLUDE:

• Enforcement Updates: The Nature of FERC’s Enforcement, CFTC’s

Recent Focus, NFA’s Enforcement Initiatives, and More

• The Latest on the Market Manipulation Front

• Macro-Trends Going Forward: Looking at the Markets Broadly, What are the Trends So Far and Predictions on How the Energy Markets are Going to Look Down the Road

• Recent CFTC Regulatory Developments: Position Limits, Trade Options,

Volumetric Optionality, and More

• ISOs/RTOs: Compliance Issues and the Relationship Between

ISOs/RTOs, Market Monitors, and FERC

• Cross-Border Issues and the International Aspects of Energy Markets:

Global Reporting Obligations, Scope of the Clearing Mandate, Working

Through Cross-Border Issues When There is a Conflict of Law, and

Developments in Canada and EU

• What is the Basic Minimum Necessary to Keep Smaller Market

Participants in Compliance?

• The Role of Banks in Commodities Trading: Impact of Bank Regulation on Energy Trading

• Swap Data Repositories and Reporting and Recordkeeping Obligations for All Others in the Industry (Non-Swap Dealers)

• Technical Side of Compliance: Information Technology and Ways to

Parse Through the Data

Also, shape your policies by hearing speakers from these industry leaders:

ICE Futures U.S.

Nodal Exchange

NFA

Cargill

Con Edison

TMX Group

TSX Inc.

Panda Power Funds

NiSource Inc.

Emera Energy

The Energy Authority

Sponsored by:

Register Now | 888-224-2480 | www.AmericanConference.com/FERC

Building on lessons learned from recent enforcement actions and FERC and CFTC priorities, attend the 11th installment of ACI’s Energy Trading Compliance &

Regulatory Enforcement Summit to benchmark with industry leaders and ensure policies and responses are optimally shaped.

Now in its 11 th Installment, ACI’s Energy Trading Compliance & Regulatory Enforcement is the nation’s premier, must-attend event that directly addresses the most pressing compliance issues and regulatory initiatives that companies and their outside counsel need to be aware of. This program is designed to offer insights into pending rules and enforcement programs by the energy regulatory bodies, and explains the impact of increased federal scrutiny on the energy trading practice. It features a distinguished faculty of leaders from FERC and CFTC , as well as BP, ConocoPhillips, Direct Energy, Hess, National Futures Association, Mercuria Energy Trading,

Repsol, J.P. Morgan, Bank of America Merrill Lynch, NRG Energy, Tesoro Companies, Markit, E.ON Global

Commodities, ICE Futures U.S., Nodal Exchange, Citigroup Energy Inc, Cargill Risk Management, Con Edison,

TMX Group, TSX Inc., Panda Power Funds, NiSource Inc., Emera Energy, The Energy Authority and others .

Attend this conference to hear the leaders in the industry share their insights into the current state of the energy trading space, as well as proven strategies for preparing a compliance program that will be responsive to all of the newly enacted, and often difficult to grasp, regulatory changes. As the industry continues to be faced with drastic changes, you cannot afford to miss this important event to ensure your compliance program is ready.

Plus be sure to also separately register for either the:

A MASTER CLASS: Practical “Know-Hows” in Getting an Effective Compliance Program Up and

Running, Including Trade Surveillance ; or

B PRE-CONFERENCE PRIMER: Fundamentals of Energy Trading Compliance

A MUST ATTEND EVENT FOR:

• Corporate Counsel

• Regulatory Counsel

• Trading Counsel

• Chief Compliance Officers

• FERC Compliance Officers/Managers

• Compliance Executives

• Directors of Regulatory Affairs

• Directors of Risk Management

• Energy Industry Analysts

Attorneys Specializing in:

• Energy Regulation & Legislation

• FERC & CFTC Compliance and Enforcement

• Energy Swaps and Derivatives/Energy Trading

2

Join the Conversation ACI: EnergyGroup @ACI_Energy / #ACIEnergy

PRE-CONFERENCE MASTER CLASS: Thursday, June 4, 2015

8:15 am – 11:15 am (registration opens at 8 am)

A Practical “Know-Hows” in Getting an Effective Compliance Program Up and Running, Including Trade

Surveillance

Aleksandra Radakovic

Managing Director

J.P. Morgan

Ike Gibbs

Chief Compliance Officer

Direct Energy

Kirk D. Rasmussen

Member

Enoch Kever PLLC

Ruta Kalvaitis Skucas

Partner

Pierce Atwood LLP

• What are the top 3-5 issues that every compliance officer needs to have on his/her list?

• How to actually perform surveillance to identify manipulative schemes that can be sanctioned by the agencies and result in multi-million dollar fines

PRE-CONFERENCE PRIMER: Thursday, June 4, 2015

8:00 am – 11:15 am (registration opens at 7:45 am)

B

Fundamentals of Energy Trading Compliance

Robert S. Fleishman

Senior Of Counsel

Morrison & Foerster LLP

This extremely popular primer will provide a comprehensive overview of the regulatory framework governing the complex area of energy trading. It will provide definitions, clarification of key terminology, statutes and regulations, and an overview of key stakeholders involved in energy trading compliance programs. Topics include:

• Key terms and definitions crucial to compliance programs: understanding market manipulation, transparency, and reliability

• Overview of FERC and CFTC’s mandate, role and responsibilities

• FPA, NGA, and NGPA: statutory violations that lead to FERC enforcement

• What do FERC and CFTC actually regulate?

• How does CFTC fit into the energy trading compliance space?

• Overview of key provisions in EP Act of 2005 and Dodd-Frank and how they have shaped the regulation and enforcement of energy trading

• Identifying and explaining the responsibilities of agencies with regulatory and enforcement responsibilities regarding energy trading (FERC, CFTC, FTC, SEC, and DOJ)

• Explaining how enforcement mechanisms are applied

• Understanding the basic framework of an energy trading compliance program

11:15 Lunch for Primer and Master Class Participants

CONTINUING LEGAL EDUCATION CREDITS

CLE

Credits

ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board. Additional hours will apply to workshop (A) or (B) participation.

ACI certifies that this activity has been approved for CLE credit by the State Bar of California. Additional hours will apply to workshop (A) or (B) participation.

You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4-8 weeks after a conference is held.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

CONTINUING PROFESSIONAL EDUCATION CREDITS

American Conference Institute (ACI) will apply for Continuing Professional

Education credits for all conference attendees who request credit. There are no prerequisites and advance preparation is not required to attend this conference.

Course objective: The legal and compliance environment of Energy Trading and its relationship to the business of energy companies and financial institutions.

ACI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors.

State boards of accountancy have final authority on the acceptance of individual courses for

CPE credit. Complaints regarding registered sponsors may be addressed to the National

Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-

2417 or by visiting the web site: www.nasba.org

To request credit, please check the appropriate box on the Registration form.

Register Now | 888-224-2480 | www.AmericanConference.com/FERC

3

MAIN CONFERENCE DAY ONE:

Thursday, June 4, 2015

11:45 Main Conference Registration

12:00 Co-Chairs’ Welcoming Remarks

Robert S. Fleishman

Senior Of Counsel

Morrison & Foerster LLP

Charles Cerria

Associate General Counsel – Trading

Hess Corporation

12:05 Enforcement Updates: Understanding the Nature of

FERC’s Enforcement, CFTC’s Recent Focus, NFA’s

Enforcement Initiatives, and More

Rick Glaser

Deputy Director, Division of Enforcement

CFTC

Tegan M. Flynn

Off. of Enforcement, Div. of Investigations

FERC

Robert Ivanauskas

Advisor to Commissioner Moeller

FERC

Michael Brosius

Director, OTC Derivatives

NFA

Jerry Jeske

Group Chief Compliance Counsel

Mercuria Energy Trading

Christine M. Stevenson

Managing Counsel – IST Houston

BP America Inc.

Matthew P.D. Moore

Process Control & Compliance

Repsol

John N. Estes III

Partner

Skadden, Arps, Slate, Meagher & Flom LLP

Moderator:

Michael L. Spafford

Partner

Paul Hastings LLP

Market participants continue to struggle with various actions being brought by different agencies. This session will dive deeply into the way multiple agencies operate, the different legal standards of the regulations they operate under, and the kinds of market practices the agencies pursue in enforcement actions.

1:45

3:00

3:10

Session will focus on:

• Recent FERC cases and their impact

• Understanding the nature of FERC enforcement (statutory de novo review)

• CFTC’s recent focus on referring more cases to a hearing before an ALJ

• Recent NFA’s enforcement activity

The Latest on the Market Manipulation Front

Ed Zabrocki

Managing Director

Morgan Stanley

Felix M. Khalatnikov

Regulatory & Compliance Officer

E.ON Global Commodities North America LLC

Erik Haas

Director – Market Regulation

ICE Futures U.S.

Kenneth W. McCracken

Partner

Schiff Hardin LLP

Daniel A. Mullen

Partner

Fried, Frank, Harris, Shriver & Jacobson LLP

Deanna Reitman

Senior Attorney

DLA Piper

Moderator:

Robert S. Fleishman

Senior Of Counsel

Morrison & Foerster LLP

• Parameters of proper behavior

• The extent to which one’s participation on derivatives market affects how trades in physical markets are viewed by the offices of enforcement

• Understanding what “spoofing” is – high-frequency trader’s indictment for manipulating commodities futures markets in first federal prosecution for spoofing

• What is meant by disruptive trade practices?

• At what point does disruptive trading violate manipulation rules?

Afternoon Break

Macro-Trends Going Forward: Looking at the

Markets Broadly, What are the Trends So Far and

Predictions on How the Energy Markets are Going to Look Down the Road

Paul Cusenza

Chairman & Chief Executive Officer

Nodal Exchange, LLC

4

Join the Conversation ACI: EnergyGroup @ACI_Energy / #ACIEnergy

4:05

Rick Smead

RBN Energy LLC

Phil Lookadoo

Partner

Haynes and Boone, LLP

• Evolving energy markets: what are the trends?

• What are compliance issues that may become more prevalent or brought up by distributive generation (gene that is very close to the load (user) and instead of travelling long distance, it is very near end user and travels short distances?

• What trends does the industry see developing?

• Ongoing consolidation and interconnectivity seen in the markets

• Increased participation of the international markets

• As some banks have exited physical markets, new entrants have come in and some of them are from the international markets

Recent CFTC Regulatory Developments and Their

Impact: Position Limits, Trade Options, Volumetric

Optionality, and Beyond

Elise Pallais

Attorney Advisor, Office of the General Counsel

CFTC

Tim McKone

Head of NAM Commodities Compliance

Citigroup Energy Inc

Uzi Rosha

Chief Compliance Officer

Cargill Risk Management

Vincent B. Johnson (invited)

Head of Regulatory & Policy Affairs

BP Integrated Supply and Trading

Christopher Schindler

Partner

Hogan Lovells US LLP

Michael Sackheim

Partner

Sidley Austin LLP

• Position Limits

- Current status

- Aggregation

- Bona fide hedge reporting

• Volumetric Optionality

- When do forward contracts with embedded volumetric optionality constitute swaps?

- When certain contracts that have embedded optionality would not be regulated as swaps even though they may look like swaps

• Compliance for trade options

- What is a trade option?

- How does one qualify?

5:25

- If one does this type of a trade, which forms to file and when?

• Margin rules for uncleared swaps

• Clearing of energy swaps  where is this right now?

ISOs/RTOs: Compliance Issues and the Relationship

Between ISOs/RTOs, Market Monitors, and FERC

Kathleen E. Magruder

VP, U. S. Regulatory Affairs

BP Energy Company

Stephen Wemple

Vice President, Regulatory Affairs

Con Edison Competitive Shared Services

Brian M. Zimmet

Partner

Venable LLP

Charles R. Mills

Partner

K&L Gates LLP

• Which compliance issues does FERC see from market participants?

• How issues are referred from one group to the other (from

ISO/RTO to Market Monitor to FERC)

• More compliance cases are focusing on compliance with

ISO rules

• ISO tariffs are becoming trigger for reviews

• FERC audits focusing on compliance with capacity markets

• On the enforcement side what is the interplay between

ISOs/RTOs, Market Monitor, and FERC?

6:30 Conference Adjourns

GLOBAL SPONSORSHIP OPPORTUNITIES

With more than 300 conferences in the United States, Europe, Asia Pacific, and Latin America, American Conference Institute (ACI) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world.

As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation.

For more information about this program or our global portfolio of events, please contact:

Wendy Tyler

Director of Sales, American Conference Institute

Tel: 212-352-3220 x5242 | w.tyler@AmericanConference.com

Register Now | 888-224-2480 | www.AmericanConference.com/FERC

5

MAIN CONFERENCE DAY TWO:

Friday, June 5, 2015

7:30

8:00

Continental Breakfast

Cross-Border Issues and the International Aspects of Energy Markets: Global Reporting Obligations,

Scope of the Clearing Mandate, Working Through

Cross-Border Issues When There is a Conflict of

Law, and Developments in Canada and EU

Petal P. Walker

Chief Counsel, Office of Commissioner Bowen

CFTC

Cheryl Graden

VP, Cash Clearing and Energy

Office of the General Counsel

TMX Group

Charles Cerria

Associate General Counsel – Trading

Hess Corporation

Gerd Stuhlmacher

Director of Legal & Compliance

E.ON Global Commodities SE

Jennifer Oosterbaan

Legal Counsel

TSX Inc.

Moderator

Ronald Filler

Professor of Law

New York Law School

• Global reporting and clearing obligations and working through a conflict of laws issue

• Canadian derivatives initiative

• Meaning of derivatives and regulatory approaches to it

• Compliance with EMIR

- Issues with respect to mutual recognition of CCPs; Crossborder exchange trading; and mandatory clearing of OTC derivatives

- As per EU regulations, every regulated market outside of EU is an OTC market because there is no mutual recognition of exchanges – what are the implications on how business is therefore done?

- Will businesses be forced to look at alternative markets/ safe harbors (outside of EU and US) in order to be free from regulatory oversight?

• Applicability of MiFID – To what extent it applies to non-

EU transactions?; to what extent is one required to comply with EU and US and to the extent there are discrepancies, which regulation governs?

• Substituted compliance

• Compliance with Basel III

• Proposed margin rules for uncleared swaps

6

Join the Conversation ACI: EnergyGroup @ACI_Energy / #ACIEnergy

9:20 Morning Break

9:25 What is the Basic Minimum Necessary to Keep

Smaller Market Participants in Compliance?

Blake M. Jones

Associate General Counsel and Senior Compliance Officer

Panda Power Funds

Liz Dousias

Compliance Manager

NiSource Inc.

Heidi Leslie

VP, Legal and Regulatory Affairs

Emera Energy

William Rust

Compliance Director

The Energy Authority

Deborah Swanstrom

Member

Jennings Strouss & Salmon, P.L.C

Moderator

Ruta Kalvaitis Skucas

Partner

Pierce Atwood LLP

• Taking a larger company’s list containing points that need to be taken into account from a compliance stand point and providing smaller market participants with a bare minimum set of points that are absolutely essential to have in any compliance program

- Identifying transactions that the smaller market participant is undertaking

- Understanding definitions of those transactions

- Identifying counterparties and determining who will have to do what

- If one has obligations based on the foregoing, then one needs to understand what obligations those are: reporting and recordkeeping, annual filing with CFTC, etc.

• Getting smaller market participants to get more comfortable with trading

• What should keep a smaller market participant’s risk manager up at night?

10:45 Technical Side of Compliance: Information

Technology and Ways to Parse Through the Data

David Hesketh

COO, Financial Skills

Markit

Additional speaker to be announced

Check www.AmericanConference.com/FERC for this and other exciting speakers being announced

• What systems and tools are out there to monitor trading?

- Once we have these tools, how do we screen for compliance? How does one know what to look for?

11:30 Networking Luncheon for Speakers & Attendees

12:30 The Role of Banks in Commodities Trading:

Impact of Bank Regulation on Energy Trading

Kelly Funderburk

Associate General Counsel/Managing Director

Bank of America Merrill Lynch

Herbert Thornhill

Assistant General Counsel

Commercial Operations and Risk Management

NRG Energy

Shabana Qaiser

Assistant General Counsel – Director

Bank of America Merrill Lynch

Dan M. Berkovitz

Partner

WilmerHale

Michael A. Yuffee

Partner

Reed Smith LLP

Moderator:

Julian E. Hammar

Of Counsel

Morrison & Foerster LLP

• Fed’s proposed guidance

• Potential increase in capital requirements

- How bank capital requirements might affect trading in commodity markets generally?

- Impact on cost of all other products banks offer

• What does exiting the commodities market really mean given that banks are keeping the financial aspect?

• Bottom line for a market participant is which banks are in and which are out?

1:45

Kathryn M. Trkla

Partner

Foley & Lardner LLP

Swap Data Repositories

• How to submit transactions to repository?

• What are the problems so far with data submission and how best to approach data submission process?

• If anything needs to be performed manually, how to do it

• Considering that there are a lot of end users who aren’t sophisticated enough to do it on a day-to-day basis, how is this process to be performed in a technically savvy way?

• Meeting the costs associated with this big IT expense

Latest Reporting and Recordkeeping Issues

• Issues encountered thus far by small and large end users and other market participants when performing reporting obligations and what concerns should one be aware of going forward?

• When one is a small end user and neither party wants to report, whose obligation is it?

• If one is not a swap dealer but one trades with a swap dealer, a swap dealer has a reporting obligation, but a non-swap dealer may have recordkeeping obligations?

• If one believes that one is not a reporting entity but one chooses to take a look and finds something wrong, has an obligation now been created where there previously wasn’t one?

• From a recordkeeping standpoint, what does a market participant have to do?

• Gap in understanding of the CFTC rules respecting recordkeeping for end users that are inconsistent and some parts that are even outdated making end users unaware or confused as to the requirements that apply to them today

• What are the triggers and levels of activity where the CFTC would expect a market participant to start to keep records?

2:50 Conference Ends

Swap Data Repositories; Reporting, and

Recordkeeping Obligations for All Others in the

Industry (Non-Swap Dealers): Issues Associated with Submitting Transactions to Repositories,

When Both Sides are Avoiding to Report, Which

Party Has an Obligation to Report and What are the Best Practices When Performing Reporting and

Recordkeeping Obligations

Jonathan Hirst

Director – Energy Risk Management, Utilities

Consolidated Edison Company of New York, Inc.

Michael Passaretti

Manager, Commodity Derivatives Regulation

ConocoPhillips Company

Zeid M. Saadi

Compliance – Risk Control

Tesoro Companies, Inc.

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7

American Conference Institute’s 11

th

National Forum on

ENERGY TRADING

Compliance & Regulatory Enforcement

Lessons Learned from Recent

Enforcement Actions & Agency

Priorities and the Practical Effects of

Global Regulation on Market Participants

June 4–5, 2015

Omni Houston Hotel | Houston, TX

5

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