Friday, November 8, 2013

Reuters: Regulatory News: UPDATE 2-Online gaming groups licensed in New Jersey, speeding U.S. re-entry

Reuters: Regulatory News
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UPDATE 2-Online gaming groups licensed in New Jersey, speeding U.S. re-entry
Nov 9th 2013, 02:45

Fri Nov 8, 2013 9:45pm EST

By Joseph Menn

Nov 8 (Reuters) - Who granted these licenses? New Jersey Division of Gaming Enforcement

The state of New Jersey granted its first online gambling licenses to several big international gaming companies on Friday, dramatically speeding their re-entry to the lucrative U.S. market.

New Jersey joins Nevada and Delaware in permitting online poker and it is more populous than those states. New Jersey also will allow its residents to play electronic versions of other casino games.

Bills to legalize online gambling are pending in California, Pennsylvania and Massachusetts and more states are likely to follow, eventually letting residents of those states gamble against people in other regulated states.

New Jersey's action also is a landmark for the issue of suitability, in which regulators weigh the conduct of the online gaming companies before allowing them into an industry with historic corruption.

State gaming authorities gave "transactional waivers," which do not preclude additional regulatory scrutiny, to companies including the parent of PartyPoker, which dominated online cash card games in the United States for years.

PartyPoker pulled out of the U.S. market in 2006, when Congress strengthened federal gambling. It later paid $105 million in a non-prosection agreement with the U.S. Justice Department and admitted violating wire fraud and other statutes before the 2006 law took effect.

Other recipients of waivers on Friday were 888 Holdings , and the online affiliate of Las Vegas' Caesars' Entertainment Corp.

Two controversial PartyPoker co-founders are divesting their stakes in order to get their company back into the United States.

New Jersey did not approve PokerStars, a company that kept going in the United States after Congress' 2006 law on internet gambling.

PokerStars spokesman Eric Hollreiser said the company's New Jersey application "remains under review" and that "we remain committed to working with them to complete the process." Both PokerStars and PartyPoker's parent, Bwin.party Digital Entertainment, had focused their licensing efforts on New Jersey.

"We're excited to see the launch of internet gaming in New Jersey," said American Gaming Association Chief Executive Geoff Freeman. "New Jersey will send a strong message to all states."

Even with online casinos outlawed, Americans contribute an estimated $3 billion to a roughly $33 billion world market, Freeman said.

Combined with recent actions in other states, the New Jersey decision suggests it could be hard for PokerStars to reach the American market.

Last year, the Isle-of-Man-based company forfeited $731 million to settle U.S. government fraud claims and acquire rival Full Tilt poker, which shut down after a similar lawsuit. U.S. authorities also filed criminal charges against the founders of both companies.

Even PartyPoker's re-entry was more difficult than many in the industry had expected. Parent Bwin.party pulled out of many of what it called "gray markets" with uncertain laws and jettisoned several PartyPoker executives, filling its top ranks from the other side of a merger with Bwin.

The most dramatic concession was the agreement by PartyPoker co-founders Ruth Parasol and Russ DeLeon to divest their shares, which combined for 14.3 percent of Bwin.party. As reported last week, they will put their stakes into funds that will sell off the stock to others during the next three years.

Even as the two co-founders leave the stage, they will benefit from any share-price gains from the U.S. return.

Parasol, an American and former phone-sex and Web-porn investor, became a billionaire when Bwin.party predecessor PartyGaming sold stock to the public in London. Advisers said she left her home country long ago to avoid U.S. legal scrutiny.

Bwin.party said it would launch poker and casino games under the land-based casino license of its partner in New Jersey, Borgata Casino, owned by Boyd Gaming Corp's and MGM Resorts, using both Borgata's and its own brands, including www.partypoker.com, beginning Nov. 26.

PokerStars could still be approved but it is very unlikely without at least the same sort of divestiture that Bwin.party agreed to, according to a consultant who spoke on condition he not be named because he works with New Jersey applicants.

"PokerStars will not simply coast into the New Jersey internet gambling market," the consultant said.

He said PokerStars founder Isai Scheinberg, who remains a criminal defendant in a U.S. case, would have to divest, and even then the role of his son, the current chief executive, could be a factor.

CEO Mark Scheinberg personally forfeited $50 million to end a Justice Department inquiry in June, although he did not admit wrongdoing.

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Reuters: Regulatory News: U.S. popcorn makers could face long, expensive road to lose trans fats

Reuters: Regulatory News
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U.S. popcorn makers could face long, expensive road to lose trans fats
Nov 9th 2013, 01:20

By Curtis Skinner

NEW YORK Fri Nov 8, 2013 8:20pm EST

NEW YORK Nov 8 (Reuters) - Microwave popcorn makers could face a long and difficult task ridding their snacks of trans fats, if a U.S. Food and Drug Administration proposal to ban the additives goes into effect. Just ask Orville Redenbacher.

Redenbacher's, a division of ConAgra Foods Inc, spent six years changing its leading line of popcorn, company scientists said on Friday, a day after the FDA made its proposal, which the government said would save 7,000 lives a year.

The Popcorn Board, an industry trade group, said Americans munch 16 billion quarts of popped popcorn a year, and more than two-thirds of that is eaten in the home. $985.7 million worth of unpopped kernels were sold in 2010, down 2.2 percent from five years earlier. Popcorn also is the source of a substantial amount of the trans fats consumed by Americans.

Diamond Foods Inc - owner of Pop Secret - and American Pop Corn Company - owner of Jolly Time - still use the suspect fat in some products. Diamond Foods fell 4.6 percent from its open on the news Thursday, but pared losses before Friday's close. American Pop Corn Company is not publicly traded.

Redenbacher's ditched the fats in all of their products starting in 2006, because of the health concerns.

Initial research and development of switching to a trans fat free oil was four years. It took two years more to change the entire product line.

"We've mastered it, and I'm not going to tell you how we did it," laughed Pamela Newell, a senior director of product development at ConAgra. It took "a lot of money," she added, since many replacement oil blends limited or reduced the flavor of the popcorn.

Partially hydrogenated oils, the primary source of the fats in foods, have long been prized by microwavable popcorn companies for their high melting point. The fat keeps oil solid until the package is heated, so unpopped bags don't ooze.

It also provides a taste and texture in the mouth which isn't easy to replicate, popcorn makers say. But when consumed, trans fats increase bad cholesterol, a leading cause coronary artery disease.

Since 2005, trans fat usage has fallen precipitously - the Grocery Manufacturers Association said manufacturers have voluntarily lowered the amounts of trans fats in their food products by more than 73 percent. But further reduction could prevent 20,000 heart attacks as well as the 7,000 deaths from heart disease a year, the FDA said.

Sales from ConAgra's consumer food segments rose 8 percent in fiscal 2013, due in part to Redenbacher's, according to the company's most recent annual report.

Diamond Foods' Pop Secret still produces a half-dozen products - including the Movie Theatre Butter and Homestyle varieties - that carry between 4.5 and 5 grams of the harmful fat per serving.

The brand, which was purchased from General Mills in 2008, has been central to the company's 3.3 percent growth in its core snack sales segment, said Diamond CEO Brian Driscoll during the most recent quarterly conference call.

Diamond Foods said it was reviewing the FDA plan and declined to make executives available for interview on Friday.

American Pop Corn Company, which owns the Jolly Time brand also has trans fats in some of its products.

The company works closely with Boulder Brands Inc's Smart Balance, an early developer of trans fat-free food products, including microwavable popcorn.

Smart Balance executive vice president, John Becker, said that he hadn't talked with the American Pop Corn Company about the FDA's proposal, and American could not be reached for comment on Friday.

The ban would follow more limited restrictions across the country. New York City banned the use of trans fats in restaurants, including their use for deep-frying foods, and many restaurants and fast food chains, including McDonald's Corp , have eliminated their use.

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Reuters: Regulatory News: Luminant to end work on license for new North Texas reactors

Reuters: Regulatory News
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Luminant to end work on license for new North Texas reactors
Nov 8th 2013, 23:53

HOUSTON Fri Nov 8, 2013 6:53pm EST

HOUSTON Nov 8 (Reuters) - Dallas-based Luminant, a unit of privately held Energy Future Holdings Corp, will suspend work to obtain approval to build two new nuclear reactors in North Texas, the company said in a letter to regulators.

Citing a decision by Mitsubishi Heavy Industries to shift its focus to the restart of nuclear power plants in Japan rather than U.S. nuclear development, Luminant officials "concluded that it does not make sense to continue to expend Luminant or NRC resources" on the license application for Comanche Peak Nuclear Power Plant Units 3 and 4, according to a letter sent to the U.S. Nuclear Regulatory Commission.

In 2008, Luminant filed an application with the NRC for two Mitsubishi 1,700-megawatt U.S. Advanced Pressurized Water Reactors (APWR) to be built at the existing two-unit Comanche Peak nuclear station in North Texas.

The Mitsubishi design required NRC certification prior to Luminant obtaining a license to move forward to build the new reactors.

Mitsubishi Nuclear Energy Systems this said it was committed to obtaining the NRC certification for its USAPWR design "under an extended schedule," according to a release.

Luminant's decision to suspend work on the new reactors follows similar action by other power companies.

With the high cost of nuclear construction, the low cost of natural gas and stagnating power demand, analysts expect no new reactors to be built in the United States for several years, other than those already under construction in Georgia, South Carolina and Tennessee.

Earlier this year, Duke Energy, the largest U.S. electric utility, dropped plans to build new nuclear reactors, two in North Carolina and one in Florida, citing slow growth in power demand and regulatory delay.

Luminant is the largest power generating company in Texas. Its parent, Energy Future Holdings, is working to restructure debt taken on in a 2007 leveraged buyout.

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Reuters: Regulatory News: U.S. ethanol expansion limited by 'blend wall' -Vilsack

Reuters: Regulatory News
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U.S. ethanol expansion limited by 'blend wall' -Vilsack
Nov 8th 2013, 23:07

By Kay Henderson

JOHNSTON, Iowa Fri Nov 8, 2013 6:07pm EST

JOHNSTON, Iowa Nov 8 (Reuters) - Lower gasoline demand in the United States is slowing ethanol expansion no matter how much the government mandates the grain-based additive be blended into the nation's fuel supply, U.S. Agriculture Secretary Tom Vilsack said on Friday.

"We are bumping up against this thing called the 'blend wall,' where essentially there's no other place to put the ethanol unless we have increased blend rates," Vilsack said during a taping of public television program Iowa Press.

The Environmental Protection Agency as early as next week is expected to propose reducing the so-called Renewable Fuel Standard from its existing target of 18.15 billion gallons of biofuels for 2014 as outlined in the current law.

Oil refiners have lobbied the government to slash the mandate. They argue they cannot inject more than the traditional 10 percent ethanol blend into gasoline without risking damage to car engines - the so-called "blend wall" that Vilsack referenced in his remarks.

The EPA has said fuel blends with as much as 15 percent ethanol, or E-15, are safe for vehicles made in 2001 or later. But few gas stations sell the higher blend outside of the Corn Belt.

Better fuel efficiency in modern vehicles has also helped lead to an overall decline in gasoline demand.

"I think EPA's got a difficult task because they are faced with the fact that those standards were set on the premise that we as a country would consume more and more gasoline from year to year," Vilsack said. "The reality is, with fuel efficient vehicles, we are consuming less (gasoline). So the assumption upon which those numbers was based was incorrect."

Vilsack is a former governor of Iowa, the No. 1 corn producing state. He said efforts by some U.S. legislators to repeal the Renewable Fuel Standard "concerns me."

Rather, the country should move to expand the distribution network of ethanol and promote its use in aviation and marine fuel, Vilsack said.

USDA, in the first supply and demand forecast since before last month's partial U.S. government shutdown, on Friday boosted its estimate for the U.S. corn crop to a record 13.989 billion bushels.

Use of corn in making ethanol was left unchanged at 4.9 billion bushels, USDA said.

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Reuters: Regulatory News: UPDATE 1-Crude on derailed train headed to Fla. terminal, Shell plant

Reuters: Regulatory News
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UPDATE 1-Crude on derailed train headed to Fla. terminal, Shell plant
Nov 8th 2013, 22:44

Fri Nov 8, 2013 5:44pm EST

NEW YORK Nov 8 (Reuters) - Crude oil on a 90-car train that derailed in western Alabama on Friday was bound for a Shell chemicals plant near Mobile via Genesis Energy LP's rail offloading facility in Walnut Hill, Florida, officials and sources said on Friday.

The train that was hauling roughly 65,000 barrels of crude derailed early on Friday morning, bursting into flames hundreds of feet high.

Genesis' 75,000 barrels-per-day (bpd) transshipment facility was still able to receive crude on Genesee & Wyoming's Alabama & Gulf Coast Railway in spite of the incident, a top company official said.

"Our facilities are still operational and still able to receive rail cars," Genesis CFO Bob Deere said. "They've routed around areas where the accident occurred."

The year-old facility is used to transfer crude into the firm's Jay Pipeline System, which runs to a 80,000-bpd Shell Chemical LP plant and other pipelines.

Shell had not yet taken legal possession of the crude shipment, according to a source familiar with the matter.

During the third quarter, the Jay Pipeline System transported about 40,000 bpd, Deere said. The system comprises 100 miles (160 km) of pipeline and approximately 230,000 barrels of above ground storage, the company said on its website.

Genesis Energy is a midstream energy master limited partnership headquartered in Houston, whose assets include pipelines, storage terminals, and trucking operations.

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Reuters: Regulatory News: UPDATE 1-ICE's takeover of NYSE to close on Nov. 13

Reuters: Regulatory News
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UPDATE 1-ICE's takeover of NYSE to close on Nov. 13
Nov 8th 2013, 23:21

Fri Nov 8, 2013 6:21pm EST

By John McCrank

Nov 8 (Reuters) - IntercontinentalExchange Inc said its takeover of NYSE Euronext would close on Nov. 13, after clearing final regulatory hurdles on Friday.

The derivatives exchange and clearing house operator said in December it would buy the owner of the New York Stock Exchange in a deal that also gives ICE control of Liffe, Europe's No. 2 derivatives market.

The transaction had been expected to close on Monday, Nov. 4, but ICE said on Wednesday that while there were no substantive issues remaining, certain European regulators needed more time to review the takeover.

The deal, which consists of around 75 percent shares and 25 percent cash, was worth 10.9 billion as of Nov. 1.

Shares of ICE and NYSE will cease to trade after Tuesday, Nov. 12, and the shares of the merged company will begin trading the next day under the ticker symbol "ICE" on the New York Stock Exchange.

ICE Chief Executive Jeff Sprecher, who helped start the company in 2000 and built it up through a series of deals, said on a call with analysts on Tuesday that ICE would move quickly to integrate the parts of NYSE it plans to keep, while unloading other parts of the business.

Sprecher has had a history of eliminating the trading floors of the exchanges his company has bought, but has vowed to keep open the floor of the New York Stock Exchange, which traces its origins back to an agreement signed under a buttonwood tree on Wall Street in 1792.

ICE said in December it expects to cut the majority of $450 million of run-rate expenses from the combined company by the second full year after the deal closes.

NYSE's website says the company has 2,993 employees, while ICE had 1,121 employees as of Sept. 30, according to a recent regulatory filing.

ICE also plans to spin off Euronext, which includes the Paris, Amsterdam, Brussels and Lisbon stock exchanges, in an IPO likely some time next year.

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Reuters: Regulatory News: Utech to become Obama's top climate, energy adviser

Reuters: Regulatory News
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Utech to become Obama's top climate, energy adviser
Nov 8th 2013, 17:09

WASHINGTON Fri Nov 8, 2013 12:09pm EST

WASHINGTON Nov 8 (Reuters) - Dan Utech, a long-time Washington insider on environmental issues, will become President Barack Obama's top adviser on energy and climate change, a White House official said on Friday, a role that will involve tough decisions on power plants and TransCanada Corp's Keystone XL pipeline.

The move had been widely expected after the Obama administration said earlier this month that Heather Zichal, who served five years in the position, would step down. Her last day is Friday.

Utech will help Obama implement his climate action plan, which involves limiting carbon emissions from power plants and the pipeline project that would link Canada's oil sands with refineries in Texas.

Obama set a June 2014 deadline for the Environmental Protection Agency to propose limits on existing power plants, one of the top U.S. greenhouse gas sources. The rules need to be finalized a year after that.

A decision on the Keystone XL pipeline is expected next year, after the State Department and other agencies weigh in on whether the project is in the national interest. Obama said in August he could not approve the project if it significantly worsened climate change.

Utech, the deputy director for climate at the White House, was also a one-time adviser to former Energy Secretary Steven Chu. Before that he served as an aide in the U.S. Senate for a decade, working on energy and environmental issues.

"Dan Utech is a worthy successor to Heather Zichal," said Daniel Weiss, a senior fellow and director of climate strategy at the Center for American Progress. "He brings keen analytical and political skill to the challenge of making President Obama's Climate Action Plan into reality."

Zichal was "a trusted advisor" and "has been a strong and steady voice for policies that reduce America's dependence on foreign oil, protect public health and our environment, and combat the threat of global climate change," Obama said in a statement.

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