IN-PERSON CLASSROOM SEMINARS

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Energy Trading Documentation in the New 2012 Regulatory Environment
Drafting and Negotiating Energy Trading Documentation While Ensuring Compliance With the Latest Regulatory and Legal Developments

A One-Day Classroom Seminar (CPE Approved)

Register Soon to get Early Bird Pricing.

Energy market participants are facing one of the most sweeping regulatory developments in recent history with the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act"). In addition, the Federal Energy Regulatory Commission has been increasingly aggressive in policing energy trading markets. Another federal regulator, the Federal Trade Commission, also has asserted jurisdiction over certain energy products. With significantly increased regulatory authority delegated to FERC and the CFTC, and the lack of detailed rules, the current regulatory climate creates an unprecedented amount of legal and financial uncertainty across energy markets. As the regulatory landscape continues to evolve, it is imperative for energy professionals to understand the ramifications of this new regulatory and enforcement structure in order to ensure compliance.

This Seminar will provide a practical approach to identifying the latest regulatory and legal developments affecting energy trading documentation. It will also provide insight into the best practices and standards for drafting and negotiating energy trading documentation including master trading agreement, margin and collateral documentation, and energy trading policies and procedures. This Seminar also will provide practical steps to identifying and managing various risk aspects of the Dodd-Frank Act, FERC anti-manipulation rules, as well as the latest court rulings impacting energy trading documentation.

What You Will Learn
  • Swap Trading Documentation in the Dodd-Frank Act Era:
  • ....Up-to-date definitions of key terms relevant to drafting and negotiating ISDA master agreements including, but not limited to swap, commercial risk, bona fide hedge, end user, major swap participant, swap dealer, eligible contract participant, swap execution facility, derivatives clearing organizations, swap data repository, and many more.
  • ....Drafting and negotiating ISDA master agreements, credit support documentation, and cross-product and cross-affiliate master netting agreement in the current regulatory environment.
  • ....Evaluating and implementing the reporting and recordkeeping requirements for swaps.
  • ....Identifying and implementing internal guidelines for proper monitoring and termination of derivatives transactions.
  • ....Developing enterprise-wide model documentation for swaps, options, derivatives for different energy products.
  • ....Reconciling physical and financial trading under various ISDA annexes.
  • ....Examining the impact of mandatory clearing for swaps on bilateral swap transactions.
  • Identifying the Best Industry Practices for Creating and Implementing Energy Trading and Risk Management Policies and Procedures:
  • ....Performing an enterprise-wide review of all trading activities and effectively evaluating and implementing an energy trading surveillance program consistent with the best industry practices.
  • ....Identifying key steps required to ensure that all traders and originators are familiar, and stay compliant with the products and markets they trade, including applicable exchange rules and protocols.
  • ....Identifying and implementing risk management requirements as required by the CFTC.
  • ....Establishing and maintaining effective compliance training for the front, middle and back offices.
  • ....Reviewing and modifying trading and hedging strategies to meet the new regulatory requirements.
  • ....Identifying the best industry practices to ensure that there is sufficient emphasis on creating and maintaining a culture of compliance both internally and externally.
  • ....The impact of the mandatory clearing requirement on energy trading documentation.
  • Practical Considerations for Drafting and Negotiating Documentation for Physically Settled Energy Transactions:
  • ....Reviewing the impact of the latest regulatory developments on physically settled master agreements such as NAESB, EEI, and WSPP.
  • .....Identifying and implementing checks and safeguards at key steps of contractual development to ensure that the right questions are being asked to preclude the company from creating unnecessary legal and/or financial exposure.
  • ....Identifying, quantifying, and managing operational and financial risk to utilities and load serving entities from the Dodd-Frank Act.
  • .....Analyzing the impact of FERC's and the CFTC's anti-manipulation and anti-disruptive rules on physical hedging.
  • ....Examining the status of tolling agreements, take-or-pay agreements, RTO transactions, and environmental attributes in the current regulatory environment.
  • Credit Risk Management and Bankruptcy Considerations in Energy Trading Documentation:
  • ....Assessing the Dodd-Frank Act's implications on credit, collateral, and margin documentation, especially in light of credit rating agencies' potential liability.
  • ....Developing and implementing consistent terms and strategies for responding to margin/collateral calls and demands for adequate assurance.
  • ....Examining the pros and cons of various credit terms and conditions often embedded in standardized energy contracts and definitions including material adverse change, adequate assurances, and exposure calculation.
  • ....The application of bankruptcy law and principles to forward contracts, swap agreements, netting agreements, futures contracts, options, and tolling agreements in light of the latest regulatory changes.
  • ....The latest court rulings on energy trading matters, including the status of cross-affiliate setoff provision in energy trading agreements.
Your Instructor
Mr. Miki Kolobara, Esq.
Mr. Miki Kolobara, Esq. is the managing attorney at Kolobara Law Firm, LLC. He practices primarily in commodities and derivatives trading law with particular emphasis on energy trading, risk management, and compliance. Prior to founding Kolobara Law Firm, Mr. Kolobara spent 15 years working for several large energy companies where he assisted in creating and implementing trading policies and procedures, drafting standard trading and credit documentation, and training front and middle office personnel about legal and contractual aspects of energy trading. He has negotiated hundreds of master agreements and documentation for physical and financial transactions, as well as structured transactions for natural gas, electricity, coal, LNG, crude oil, and emissions allowances. Mr. Kolobara serves on the Futures and Derivatives Law Committee of the American Bar Association, as well as the North American Energy Standards Board's contracting committee where he participated in drafting the NAESB standard master agreement for natural gas trading. Additionally, Mr. Kolobara is active in the International Energy Credit Associations' Contracts and Legal committee and its Dodd-Frank Act working group. As a member of the WSPP contracting committee, Mr. Kolobara participated in drafting of the WSPP standard master agreement for electricity trading. Mr. Kolobara is a frequent speaker on topics related to energy trading, hedging, risk management, and compliance.
Hotel and Seminar Information
This seminar will be held at the hotel listed below or can be conducted on-site at your facilities. The seminar will start promptly at 8:00 AM and will finish at 4:30 PM. The program includes continental breakfast, lunch, and coffee/cookie breaks for each day. Attendees also receive a professionally produced seminar manual that can serve as a valuable office reference. Dress is casual for all seminars
COVID 19 Information: Please click here for the PGS Covid-19 policy. You can confirm each hotel's specific COVID 19 policy using the link(s) provided below.
Registration Fee and Discounts
The price for this comprehensive two-day seminar is $895 (USD).
Register online or Call (843) 212-4038.
  • Additional attendees and government employees receive a 10% discount.
  • Register 4 or more attendees and receive 20% Off. Special pricing is available for groups of 5 or more.
    If you want attendees to pay with separate credit cards or have other questions, please call (843) 212-4038 for assistance.
Payments and Cancellations
Payment is due prior to the start of the seminar by Visa, Master Card, American Express, or corporate check. Seminar fees will be charged to your credit card at the time of registration unless other arrangements have been made. Please make checks payable to "PGS Energy Training" 26 Teal Lane • Hilton Head Island, SC 29926. Cancellations will result in a credit that is good for 2 years which can be transferred to a colleague. Substitutions may be made at any time. For more information on PGS policies regarding administrative matters and complaint resolution, please contact our offices at (843) 212-4038.
CPE Credits in Specialized Knowledge

This live group seminar is eligible for 7.0 CPE credits. Be aware that state boards of accountancy have final authority on the acceptance of individual courses for CPE credit. As of January 1, 2002, sponsored learning activities are measured by program length, with one 50-minute period equal to one CPE credit. One-half CPE credit increments (equal to 25 minutes) are permitted after the first credit has been earned in a given learning activity. You may want to verify that the state board from which your participants will be receiving credit accept one-half credits.

PGS Energy Training is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org. CPAs interested in attending any seminars should contact our offices for details on CPE credits granted and any prerequisite requirements.
PGS Energy Training is registered with GARP as an Approved Provider of Continuing Professional Development (CPD) credits. If you are a Certified FRM or ERP, please record this activity in your Credit Tracker at http://www.garp.org/cpd. Please inform PGS Energy Training that you are a GARP CPE participant upon seminar registration.

The Global Association of Risk Professionals (GARP) is a not-for-profit membership association dedicated to preparing professionals and organizations for making better-informed risk decisions. GARP's membership represents more than 150,000 risk management practitioners and researchers at academic institutions, banks, corporations, government agencies, and investment management firms in 195 countries and territories. GARP administers the Financial Risk Manager (FRM) and Energy Risk Professional (ERP) Exams – certifications recognized by risk professionals worldwide. Visit www.garp.org/cpd.
Who Should Attend

This Seminar will benefit a wide variety of organizations and professionals in both physical and financial energy markets. Energy producers, utilities, energy marketers, commercial and industrial energy users, merchant generators, clearing brokers, and hedge funds, will gain valuable insights. This seminar will also be highly beneficial for energy executives, traders, originators, risk and credit managers, auditors, contracts managers, government regulators, attorneys, and asset operators. Anyone who wants a solid understanding of what can be done now to minimize the legal and financial exposure under the Act while, at same time, ensuring their companies' compliance, will benefit.

Prerequisites and Advance Preparation

This fundamental level seminar has no prerequisites. No advance preparation is required before the seminar.

Why Choose PGS?

PGS seminars are known for their clear explanations and in-depth content. Register for a PGS class today, and join the over 10,000 energy professionals who have already attended one of PGS's proven programs.

Program Level & Delivery Method
Intermediate level. CPE delivery method is "Group-Live."