Form ADV disclosures
Form ADV disclosure requirements are a live compliance pressure point for investment advisers operating in the Energy, Power & Commodities sector, where the U.S. Securities and Exchange Commission has sharpened its scrutiny of conflicts of interest, fee structures, and environmental risk disclosures tied to commodity-linked strategies. The SEC's 2023 Marketing Rule amendments and ongoing examination priorities from the Division of Examinations have pushed commodity-focused advisers to revisit Part 2A brochure language, particularly around how trading in physical commodities, derivatives, and energy transition assets is characterized. Cresthaven monitors filings, staff guidance, and examination findings across the SEC and the U.S. Commodity Futures Trading Commission so compliance teams catch material disclosure gaps before an exam does.
Watch
- SEC Division of Examinations: Form ADV Part 2A accuracy flagged in recent RIA exam sweeps
- CFTC dual-registrant obligations creating disclosure misalignment between Form ADV and Form CTA
- Climate-related conflict disclosures under informal SEC staff pressure, no final rule yet
- Marketing Rule compliance: performance advertising tied to commodity indices under active review
Recent material activity in Energy, Power & Commodities
A selection of recent published briefs; this is not a complete archive.
NRC and DOE issue joint environmental clearance for Three Mile Island Unit 1 restart under federal loan guarantee
The NRC, as lead agency, and the DOE Office of Energy Dominance Financing, as cooperating agency, issued a joint environmental assessment and finding of no significant impact on September 25, 2026 for proposed federal ac…
Read a full sample brief →NRC considers license amendment allowing Alternate Concentration Limits at Homestake uranium mill reclamation site in New Mexico
The NRC published notice on September 25, 2026 of an application by Homestake Mining Company of California to amend License No. SUA-1471 for the Grants Reclamation Project near Grants, New Mexico. The amendment would rep…
Read a full sample brief →EPA final rule redefines scope of applicable requirements under Clean Air Act title V operating permit program
EPA's final rule, published September 25, 2026, revises title V operating permit program regulations to codify the agency's existing interpretations of which Clean Air Act requirements qualify as applicable requirements.…
Read a full sample brief →FERC opens scoping period for Tres Palacios Smith Cavern natural gas storage expansion in Texas
FERC opened a scoping period on September 25, 2026 for the proposed Tres Palacios Smith Cavern Expansion Project, a natural gas storage facility in Texas. The notice solicits public and agency comments on environmental i…
Read a full sample brief →FERC opens scoping period for Natural Gas Pipeline of America and Horizon Pipeline North Extension Project
FERC opened a scoping period on September 25, 2026 for the proposed North Extension Project, involving Natural Gas Pipeline of America, LLC and Horizon Pipeline Company, LLC. The notice solicits public and agency comment…
Read a full sample brief →DOE / EIA Energy Policy & Data release pending Cresthaven Analytics full analysis: Energy Department Announces Speed to Power Investments Across 26 States to Lower Electricity Costs and Improve Grid Reliability
DOE / EIA Energy Policy & Data published a regulatory release titled 'Energy Department Announces Speed to Power Investments Across 26 States to Lower Electricity Costs and Improve Grid Reliability'. Cresthaven Analytics…
Read a full sample brief →NRC proposes wholesale revision of reactor licensing, decommissioning, and operational oversight regulations under Executive Order 14300
On September 24, 2026, the NRC published a proposed rule to revise its reactor licensing, decommissioning, and operational oversight regulations. The proposal implements Section 5 of Executive Order 14300, which directs …
Read a full sample brief →EPA reopens public comment on 2024 Texas SIP disapproval covering emissions during power plant maintenance activities
The EPA granted reconsideration on May 11, 2026 of its December 20, 2024 disapproval of a Texas state implementation plan governing visible emissions and particulate matter during planned maintenance, startup, and shutdo…
Read a full sample brief →EPA proposes consent decree setting deadlines for overdue California and Colorado ozone SIP final actions
The EPA published notice on September 24, 2026 of a proposed consent decree in Center for Biological Diversity and Center for Environmental Health v. Lee Zeldin, No. 4:25-cv-10007-JST. The decree would resolve citizen-su…
Read a full sample brief →FERC opens intervention window on Transcontinental Gas Pipe Line Company natural gas pipeline application
FERC published a notice on September 24, 2026 opening the intervention deadline period for a Transcontinental Gas Pipe Line Company, LLC certificate or abandonment application. The notice establishes the procedural windo…
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