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
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FERC opens scoping period for Southeast Supply Header Tupelo Trail natural gas pipeline project
On July 27, 2026, the Federal Energy Regulatory Commission opened a scoping period for the Tupelo Trail Project, a natural gas pipeline expansion proposed by Southeast Supply Header, LLC. The notice solicits public and s…
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FERC schedules environmental assessment for Texas Eastern Transmission Athens Optimization Project
FERC issued a notice on July 27, 2026 establishing the preparation schedule for an Environmental Assessment covering Texas Eastern Transmission's Athens Optimization Project. The notice opens the agency's formal environm…
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FERC Energy Markets & Grid Regulation release pending Cresthaven Analytics full analysis: Steel Reef Pipelines US LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Flat Lake Access Pipeline Project
FERC Energy Markets & Grid Regulation published a regulatory release titled 'Steel Reef Pipelines US LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Flat Lake Access Pipeline Pr…
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FERC authorizes Comtu Falls Corporation to continue hydroelectric project operations under existing license
FERC authorized Comtu Falls Corporation on July 27, 2026 to continue operating its licensed hydroelectric project. The authorization maintains the project's operational status pending any further Commission action on the…
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AEMC publishes National Electricity Rules Version 251 incorporating distribution network planning and reporting amendments
The Australian Energy Market Commission published Version 251 of the National Electricity Rules on 23 July 2026. This version incorporates Schedule 2 of the National Electricity Amendment (Enhancing distribution network …
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EPA grants final SIP approval for Missouri petroleum liquid storage and transfer emission controls in St. Louis
The EPA on July 23, 2026 gave final approval to revisions of the Missouri State Implementation Plan governing emission controls for petroleum liquid storage, loading, and transfer in the St. Louis area. The revisions adj…
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EPA proposes to approve Pennsylvania SIP revision relaxing RACT requirements for single natural gas compressor station
The EPA published a proposed rule on July 23, 2026 to approve a Pennsylvania state implementation plan revision affecting source-specific air emission control requirements at the Equitrans, Inc. Hartson Compressor Statio…
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EPA proposes to approve New Jersey RACT certifications for 2008 and 2015 ozone air quality standards
EPA published a proposed rule on July 23, 2026 to approve New Jersey's State Implementation Plan revisions certifying Reasonably Available Control Technology requirements for two ozone standards. The proposal also addres…
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FERC publishes environmental assessment for Columbia Gas Transmission Southeast Virginia Energy Storage Project
FERC issued a Notice of Availability on July 23, 2026 for the environmental assessment covering Columbia Gas Transmission's proposed Southeast Virginia Energy Storage Project. The notice opens the public comment period u…
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FERC expands NEPA categorical exclusion to cover qualifying water power license and exemption terminations
FERC issued a final rule on July 23, 2026, extending an existing categorical exclusion to cover terminations or revocations of water power licenses and exemptions where ground disturbance is minor or absent and reservoir…
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