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Client Alert: CFTC Proposed Guidance on Electric Capacity and Gas Peaking Supply Contracts

The attached client alert addresses a new CFTC proposed guidance to the effect that certain electric capacity contracts and peaking supply gas contracts will not generally be considered swaps.  If finalized as proposed, it may provide some relief for entities who have these types of contracts, many of which are currently treated as trade options. Comments on the proposed guidance are due May 9, 2016.  Please contact Lisa Dowden or Rebecca Baldwin with any questions.