Washington Energy Report - May 27

California District Court Affirms FERC's Jurisdiction in Barclays Civil Penalty Case

On May 20, 2015, the U.S. District Court of the Eastern District of California ("District Court") upheld FERC's decision that it had jurisdiction over Barclays Bank PLC and four traders (collectively, "Barclays") for allegedly manipulating electricity markets in the West.  In doing so, the District Court held that FERC maintained jurisdiction, and not the Commodity and Futures Trading Commission ("CFTC").  The District Court also ruled that FERC's jurisdiction under Federal Power Act ("FPA") sections 201 and 222 – FERC's authority to regulate transmission and sale of wholesale electric energy in interstate commerce and FERC's anti-manipulation rule, respectively – was appropriate. [Read more →]