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Ex Parte Meeting for Proposed Rule 75 FR 80174

  • Title:
    Definitions Meeting with Next Era Energy

    Ex Parte No: 163
    Date: 3/23/2011

    Meeting Date:

    Wednesday, March 23, 2011

    CFTC Staff:

    Eric Juzenas
    Dan Berkovitz
    Terry Arbit
    Mark Fajfar

    Organization(s):

    Next Era Energy Power Marketing, LLC
    Next Era Energy Resources, LLC
    Delta Strategy Group
    Cadwalader, Wickersham & Taft LLP

    External Attendees:

    Brent Hendry (Next Era Energy Power Marketing, LLC)
    Lawrence Silverstein (Next Era Energy Resources, LLC)
    Graham Harper (Delta Strategy Group)
    Paul Pantano (Cadwalader, Wickersham & Taft LLP)

    Additional Information:

    Next Era elaborated on points in its comment letter dated February 22, 2011 (Comment No. 27816).  Next Era described its offer of swaps to customers in conjunction with its offer of electric power.  In summary, a customer may have a choice between purchasing power from Next Era or purchasing power on the market at a floating price and entering into a fixed/floating swap with Next Era where the customer pays a fixed price and receives the floating market price.  Next Era generally limits the volume of such swaps to the volume of power that it sells at a floating price (so that such swaps serve to convert the floating price that Next Era receives for power to a fixed price.


    Next Era also said that they believe a person that limits itself to selling options that require physical settlement should be excluded from the definition of swap dealer.