The CFTC adopted a final order to exempt certain contracts, agreements and transactions of a regional transmission organization ("RTO") for the purchase or sale of specified limited electric energy-related products from most provisions of the CEA, with the exception of those prohibiting fraud and manipulation. The final order also exempts such transactions from private actions that might be brought under CEA Section 22, which represents a reversal of the position held by the CFTC as recently as last May, when it proposed an amendment specifying that private actions could be brought against RTOs and independent system operators ("ISOs") concerning such transactions.
The final order and amendment were published in the Federal Register and are immediately effective.
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