On October 20, 2005, the Federal Energy Regulatory Commission ("FERC") issued a Notice of Proposed Rulemaking ("NOPR") seeking comment on proposed rules to prohibit the employment of manipulative or deceptive devices or contrivances in connection with the purchase or sale of natural gas, electric energy, or transportation or transmission services subject to the jurisdiction of the FERC. (Docket No. RM06-3-000) The proposed rules would implement new section 222 of the Federal Power Act and new section 4A of the Natural Gas Act, which closely track language in section 10(b) of the Securities Exchange Act of 1934. Accordingly, the proposed rules are patterned after the SEC’s Rule 10b-5 and are intended to be interpreted consistent with analogous SEC precedent....

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