Jones Day attorneys are engaged in representing electric, gas, and oil companies in all aspects of energy investigations and compliance. We routinely advise clients on compliance with the Federal Power Act of 1935, the Natural Gas Act, the Natural Gas Policy Act, the Interstate Commerce Act, the Commodity Exchange Act, the Public Utility Holding Company Act of 2005, Sarbanes-Oxley, securities laws, and environmental laws. We also have been involved in representing companies in regulatory enforcement, civil, and criminal actions involving allegations of market manipulation and false reporting of energy transactions brought by the Federal Energy Regulatory Commission, the Commodity Futures Trading Commission, the Department of Justice, state agencies, and private civil litigants.

We have worked with integrated electric utilities, interstate natural gas pipelines, major international oil companies, and other energy market participants to develop and implement individualized compliance programs that best meet their needs and fit the internal structure of each organization, while meeting the dual goals of avoiding violations of the law and demonstrating the organization's commitment to appropriate business practices. We provide employee training programs on regulatory obligations, processes, and procedures – an important part of any compliance program. Implementing and enforcing a robust compliance program not only will reduce the number of compliance issues experienced but also can mitigate the consequences of a violation if one is uncovered. Jones Day's Energy Investigations and Compliance team has built a legacy of success for clients by providing advice and counseling that helps avoid investigation by conducting compliance reviews and internal investigations that allow companies to resolve problems outside the public view. In addition to our Energy Investigations and Compliance team, Jones Day's general Corporate Compliance team is available as an additional resource, depending on the compliance issues under consideration.

Regardless of a company's best efforts, however, there are times that a company finds that its activities may violate applicable statutes or regulations. Sometimes those activities are uncovered through government investigations or audits. Other times they are identified through internal diligence. When that happens, it is important to have legal counsel that is experienced in assessing the nature of a potential violation and considering appropriate remedial actions, which can range from simple internal fixes to extensive self-reports to FERC or other regulators. At Jones Day, we frequently are called upon to consider those issues and to recommend appropriate next steps.

Jones Day has extensive experience assisting clients in responding to FERC audits and investigations covering matters such as Standards of Conduct; Open Access Transmission Tariffs, market-based rate authorization, wholesale fuel adjustment clause practices; Electronic Quarterly Reporting; negotiated rate contracting; and FERC’s shipper-must-hold-title policy, including the prohibition on buy-sell transactions. We also have represented companies in investigations and litigation associated with energy trading activities, including:

• CFTC investigations of reporting of natural gas prices to index price developers such as Gas Daily, Inside FERC and Natural Gas Intelligence;
• FERC, CFTC, SEC, DOJ, federal grand jury and state public utility commission investigations of potential wash trading and financial reporting issues in the natural gas and power markets;
• CFTC investigations of natural gas storage and U.S. Department of Energy, Energy Information Administration (EIA) reporting;
• CFTC propane price manipulation investigation;
• CFTC Transco Zone 6 natural gas trading investigations; and
• Litigation filed by the California Attorney General and other public and private parties in California, Montana, New York, Oregon, and Washington related to natural gas and power reporting and price manipulation.

If it becomes necessary to defend the company in an inquiry by authorities, Jones Day has the resources necessary to handle any matter, including enforcement actions brought in multiple jurisdictions. Jones Day attorneys have represented its energy clients extensively in formal and informal investigations before the FERC, the CFTC, and other jurisdictions. These representations include investigation and discovery matters, expert analysis, attorney-client privilege issues, and, of course, the negotiations of settlements and stipulations where appropriate. When needed, our energy lawyers have the ability to call upon the lawyers in our Corporate Criminal Investigations Practice, who have extensive experience defending companies and individuals against allegations relating to every significant area of white-collar crime, as well as attorneys in our Trial Practice and Issues & Appeals Practice for additional support.

Contact(s)

Richard D. Avil Jr.
Washington
Tel: 1.202.879.3939
E-mail

Kenneth B. Driver
Washington
Tel: 1.202.879.3939
E-mail

Jason F. Leif
Houston
Tel: 1.832.239.3939
E-mail

Kevin J. McIntyre
Washington
Tel: 1.202.879.3939
E-mail

David E. Miller
Houston
Tel: 1.832.239.3939
E-mail