Federal Energy Regulatory Commissioner Marc Spitzer stepped down from his post last Wednesday (Dec. 14), ending a five-year term on the Commission. Spitzer’s term expired on June 30, but in the absence of a replacement he was empowered to continue in the post until Congress goes into recess at the end of the year. Republican Spitzer has been known for emphasizing a cooperative, bipartisan approach to energy issues and has been supportive of the shale gas revolution and its impact on the electric power industry. The former chairman of the Arizona Corporation Commission has not said what his plans are for the future. Spitzer’s departure leaves the Commission with three Democrats and one Republican. According to FERC rules, his successor would have to be a Republican or an independent. With a clear Democratic majority and no deadline for the appointment or installation of a successor, the president has not been in a hurry to nominate a replacement.

The U.S. Court of Appeals for the District of Columbia Circuit will review former Amaranth natural gas trader Brian Hunter’s appeal of the Federal Energy Regulatory Commission‘s Nov. 18 order denying rehearing of claims that he manipulated the natural gas market. The FERC order upheld an earlier order affirming an administrative law judge’s initial decision that Hunter engaged in trading practices that violated the Natural Gas Act. The judge levied a $30 million penalty (see NGI, June 27). In his rehearing request before FERC, Hunter argued that “Section 4A of the NGA [Natural Gas Act] 1) does not authorize the Commission to police manipulation occurring in the futures market; 2) does not permit enforcement actions against natural persons; and 3) vests the federal district courts with exclusive jurisdiction to adjudicate alleged violations,” said the Nov. 18 order. As for Hunter’s claims that the Commission overstepped its jurisdiction, FERC contends that Hunter’s manipulation of the gas futures market took a toll on physical gas contracts over which the FERC has sole jurisdiction.

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