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GDF Suez faces new Texas market manipulation suit

  • Märkte: Electricity
  • 16.07.14

Two trading firms have refiled a suit in federal court that claims GDF Suez has repeatedly withheld its generation capacity in Texas when surplus capacity is limited to drive up power prices and manipulate futures contracts it holds.

The refiled complaint provides new specifics about the more than $20mn the two firms, Aspire Commodities and Raiden Commodities, claim to have lost in power trades over the past two years because of the generator's alleged conduct in the Electric Reliability Council of Texas (ERCOT) territory.

GDF last month asked the US District Court for the Southern District of Texas to throw out the initial lawsuit, in part because it said Aspire and Raiden had failed to provide details to support their claim for damages.

The refiled suit appears to address this by claiming specific damages for each day the alleged conduct occurred, providing examples about why it believes that GDF's alleged re-pricing of its generation as high as $4,999/MWh caused the firms to lose nearly $1mn in futures trading on three days last July.

The main claim of the suit is that on days ERCOT had just enough generation to meet demand because of harsh weather or forced outages, GDF would allegedly use its generation to exert market power and cause power prices to spike. This alleged activity caused generation capacity that was otherwise deep "in-the-money" not to run, the suit claims.

The suit claims GDF used economic withholding on six days in 2013 when reserve margins were tight and re-priced its generation to as high as $4,999/MWh to take units off the line. It also claims GDF on four days in 2013 and two days this year designated some units not run to create scarcity that could artificially drive up power prices.

The firms said the alleged conduct was illegal because GDF would take out futures contracts that offered it profits far in excess of the amount of money it stood to lose by ramping down its otherwise profitable generation capacity. The suit said by allegedly withholding generation, GDF was manipulating the futures markets.

GDF declined to comment on the new lawsuit but said it has been "fully transparent and complaint with applicable regulations."

The company owns more than 4,000MW of merchant generation at six power plants in the ERCOT territory. Most of the power comes from gas-fired power plants.

GDF under the regulations in ERCOT is considered a "small fish" that lacks enough generation capacity to exert market power and thus free to price its power however it likes, a point the company cited in its motion to dismiss the complaint. The grid's threshold for being considered unable to exert market power is 5pc of total generation or lower.

The energy trading firms contend that despite its label as a "small fish," GDF has been able to exert market power when there is little surplus capacity.

ck/ee

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