Code of Ethics

Sound Trading Practices

Our Code of Ethics is intended to complement the internal principles and practices of ACES, and to guide its agent activities for its Members and Customers associated with transaction execution, managing risk, providing market liquidity, and reporting executed transactions. Compliance with The Code provides assurance to Clients, regulators, and other market participants that ACES’ business activities are, and will continue to be, conducted with integrity. In addition, assurance is given that unlawful and unethical trading practices are not tolerated. Above all, this Code reaffirms ACES’ commitment to excellence, professionalism, and unwavering ethical conduct.

I. Ethical Standards

Core Value: Integrity

Conducting business activities with integrity is the essence of ethical conduct. Integrity means conducting business activities in an honorable and principled manner consistent with the ethical standards and sound trading practices set forth herein.

Ethical Standards

This Code requires that ACES’ trading staff shall:

  1. Conduct business in accordance with formally delegated reliability standards, all applicable laws, regulations, tariffs and rules, and in good faith, with a commitment to honest dealing.
  2. Not engage in fraudulent behavior.
  3. Honor the terms and conditions of its Clients’ power, natural gas, and other approved commodity contracts, consistent with its responsibility as their agent to use its best efforts.
  4. Engage only in transactions with legitimate business purposes, such as managing business risk or those with economic substance. In no event will the trading staff engage in any transactions intended to artificially boost revenues or volumes of any party, or in transactions intended to manipulate market prices.
  5. Not collude with other market participants to:
    1. Affect the price or supply of power, natural gas and other approved commodities
    2. Allocate territories, customers or products
    3. Otherwise unlawfully restrain competition
  6. Adhere to ACES’ Code of Conduct, Trading Authority Policy, and company policies dealing with legal compliance (including, but not limited to antitrust, FERC Standards of Conduct, and FERC Market Rules), business conduct, personal conduct, conflict of interest, and vendor relations.
  7. Maintain and adhere to internal procedures designed to ensure:
    1. That all trades are properly documented in a timely fashion
    2. That no trades are concealed or misrepresented
  8. Use a fair market-clearing price at the location of the trade as a transaction price for trades between clients.

II. Sound Trading Practices

Core Value: Adherence to Sound Trading Practices & Principles

Power, natural gas, and other commodity markets reflect the constantly changing dynamics of supply and demand. Efficient business operations in such an environment demand practices that can manage risk and discover market prices. Such practices must be consistent with the guiding Ethical Standards of this Code.

Sound Trading Practices Standards

This Code requires that ACES’ trading staff shall:

  1. Operate and schedule electric generating facilities and commit or otherwise offer supply in a manner that complies with the rules, regulations, and guidelines of the applicable power, natural gas, and other approved commodity markets. Moreover, ACES will not encourage or advise its clients to engage in such activities or misrepresent the operational capabilities of generation facilities in a manner expressly intended to affect market prices by unlawfully withholding available supply from the market expressly to create artificial supply shortages. However, ACES may advise its clients to decide not to run their electric generating plants or not to offer and schedule such resources or other power supplies:
    1. When such actions would be uneconomic under the given circumstances
    2. When such actions would risk jeopardizing public health and safety or damaging their facilities
    3. In order to comply with facility licensing, environmental, or other legal requirements
  2. Not participate in transactions or schedule resources with the intent of creating congestion to manipulate prices or to jeopardize the security of dispatch operations.
  3. Not offer reliability services to the market that its clients do not intend to provide.
  4. Not arrange and execute simultaneous offsetting buy and sell trades. (Ex: with the same counterparty and identical price, commodity, location and quantity terms, with an intent to artificially distort actual revenues, trading volumes or affect market prices.)
  5. Not conduct trading for the purpose of misrepresenting the financial condition of its clients’ organizations.
  6. Not submit or communicate any trade information, trade prices, price quotes, or like information directly to market publications and publishers of surveys and price indices or like entities, either orally or otherwise.
  7. Not solicit receipt of non-public information regarding transmission, transportation, or storage, except for such information that constitutes legitimate ACES business on behalf of an ACES client.
  8. Not distribute non-public information regarding transmission, transportation, or storage, except for such information that constitutes legitimate ACES business on behalf of an ACES client. For this exception, such distribution is limited to only those parties who are on a need-to-know basis. (Ex: the ACES client, the transmission provider, the pipeline company,or the storage resource provider.)

III. Information Disclosure and Documentation

Core Value: Candid and Complete Disclosure

Markets depend on trust in the accuracy of market information and transparency of market behavior. The confidentiality of commercially sensitive information entrusted to ACES will be maintained.

Information Disclosure and Documentation Standards

The trading control staff shall remain separate and distinct from ACES’ trading staff. Only the trading control staff shall submit or communicate in writing, transaction information directly to market publications, publishers of surveys, price indices, or like entities. ACES’ trading control staff shall:

  1. Provide market and transaction information to its Clients as required by regulators and market monitors, in compliance with all applicable rules and requirements, and to cooperate as reasonably necessary to assist in their understanding of market operations.
  2. When reporting transactions, do so in accordance with applicable accounting principles in a manner that accurately represents the price and characteristics of such transactions.
  3. Ensure that any information disclosed to market publications and publishers of surveys and price indices is accurate and consistent with the data reporting standards of FERC’s Safe Harbor Policy on Natural Gas and Electric Price Indices, issued July 24, 2003, and subsequently revised, subject to maintaining compliance with any restrictions of ACES’ confidentiality agreements.
  4. Monitor compliance with the trading authority policies that are designed to ensure that power, natural gas, and other approved commodity trading activities are conducted in accordance with such trading authority policies.
  5. Maintain and adhere to internal procedures designed to ensure:
    1. That all trades are properly captured in a timely fashion
    2. That no trades are concealed or misrepresented
  6. Maintain documentation on all transactions for an appropriate period of time as required of ACES (under applicable laws and regulations).

IV. Compliance

Comprehensive Corporate Compliance

ACES has a compliance program to ensure appropriate, timely, and ongoing review of power, natural gas, and other approved commodity trading practices. This program is designed to promote compliance with this Code. Trading staff violations of this Code are addressed by ACES’ Trading Sanctions Policy. Violations of this Code by Trading Control staff are subject to disciplinary action up to and including termination of employment as determined by the CEO.