Has tried and failed to do numerous t if this deal sticks, it would be the first time in eight years that the group of Oil Exporters would lower output. And with that, the price of crude took off rising more than 5 , its best day in five months its not every day you see 4 and 3 moves in dow components exxonmob and chevron. And when energy turned, so it stocks. The Dow Jones Industrial average 18,339, and the s p 500 gained as well. Bob pisani has more on the oildriven rally. Best day since april 8th since an Oil Production cut in november. Not clear how much is being cut but reportedly a cap on total producti on 33 Million Barrels a day currently over 32 Million Barrels a day. Under the unclear who will be cutting and when. Does it sound nebulous enough for you . The cuts will more loon likely come from the saudis, theyre producing at record levels. Do you really think youre going to get a Production Cut out of venezuela . I so. Exxonmobil was up more than 4 , chevron up nearly as much. Both pushed the dow up 50 points midday. Some of the plays up double digits. Why . Its mostly Short Covering and that makes sense. Its unlikely there are a lot of plain vanilla mutual funds that bought oil stocks on a vague promise the saudis might cut no one is sure how long the rally in energy will last. For nightly busine bob pisani at the New York Stock Exchange so will an apparent deal to cut opecs production stick and if so what will it mean . Kyle cooper is director of research at iaf advisers and joins us now to discuss. Were you surprised, kyle . Not necessarily. Ive actually been curious as to why they couldnt at least make nice. Whether or the Production Cut sticks is irrelevant to market prices in the nearterm. Like you said, this is a deal that really hasnt been finalized. Have been no concrete agreements and the details still to be hashed out in november. Ye weve got an over 2 rally. So its not only been surprising to me they werent able to at least ma back in april. Because obviously, when that fell apart, prices collapsed that sunday evening. Right. Absolutely. They did. If, indeed, the details get ironed out, do you think this time around with the volatility that we have seen in oil and, of course, the big drop that we saw in oil late last year and early this year, is that more of an incentiv for them to Work Together and make it stick . Certainly. But then they also still have to worry about market share. The u. S. Oil production number, weekly numbers, of course, falling dramatically. Were off over 1 Million Barrels a day from the peak. However, the last couple weeks saw an uptick in u. S. Oil production, eve though this weeks number reported this morning was down slightly. There is already some spec that the u. S. Oil production has kind of reached a bottom. Ce the higher prices are not going to do anything to turn that d so lets say they do proceed, and get an agreement to cut 0 barrels of oil or 900,000 barrels of oil out of their production. What will that mean for prices, and will whatever those price hikes are, will they stick, or will u. S. Producers and other producer come in and start to pump more to take advantage of the higher prices, thereby bringing more supply on and bringing prices back down . Absolutely. Far, the details weve seen are the framework we have seen is for a production limit between about 32. 5 and 33 Million Barrels. Keep in mind, opec production was recently sliy above 33 Million Barrels. So were talking at the upper end a cut of only a couple hundred thousa at the upper end of the cut, maybe about, like you said, 750 to a little more. I personally dont think thats going to stick in terms of the implementa, opec over its history has a horrible record of agreeing to what they announced. What i would say, though, is it would seem to me be very, very prudent. Within oil field, there is a lot of seasonal maintenance that has to. It seems to me that right now, opec members should be planning to do some seasonal maintenance, iron out a deal in november and then actually begin some of that seasonal mainten to give the market the impression that truly the agreement is being adhered to. I thin that could have prices up another 5 or 10. And then by the First Quarter of next year, you could see then a huge surge in opec production. All right. Kyle, thanks very much. Kyle cooper with iaf advisers. Califa is cutting business ties with wells fargo. The states treasurer said he is suspending his offices investmes in wells fargo securities. Hes also g wells fargos role as a broker dealer with the state. And hes barring the bank from underwriti sta debt, which is significant, because californ is the nations largest issuer of municipal bonds. Th decis comes after the company admitted to opening accounts for customers without their authorization. These sanctions will be in place for 12 months. However, should wells far fail to comply with the settlement agreements, it has reached with federal and local regulators, or evidence surfaces they have reengaged in the same behavior, the sanctions may escalate up to and including a complete terminatn of our business relationip wit the california treasurer oversees nearly 2 trillion in annual banking transactions and. Anages a 75 billion investm meantime, wells fargo ceo will give up some of his compensati. John stump will forfeit 41 million in unvested equity and temporaril forego his salary. The bank also said that carrie to left the company and would not receive a severance payment. Neithe stumpf nor tolstedt would receive a bonus in 2016. Amid a probe into the companys fake account scandal. One congressman asked how long the type of activity had to go on before the fed takes action. Another lawma told yellen to go after the bank and make their lives hell. Yellen had this to as pointed out, many regulato have been involved in im going to have my fun with them too. Its jus your turn today. Were in the case of this institutio we the supervisor of the holding we have already instituted a review of all of the largest banking organizations, because we are very concerned with all of the compliance problems and violations of laws. Yellen added that the fed holds Financial Institutions to exceptio itself of risk managemen and Consumer Protection also on capitol hill, a sigh of relief the Senate Passed a shortterm government funding measure that will avoid a governme shutdown before the general elections. Thats just one of the stories john harwood is following for us john, what did they agree on in order to keep the government from shutting down . They struck a deal on a couple things. First ofall, they balanced money for flood relief in louisiana, sdl disaster relief, with money for flint which had the it terrible problems with the water system. Democrats invisited on the flint money. Repu on the money for louisiana. They also agreed to put the zika funding in, over 1 billion to keep alive the research and to a vaccine and to continue work to deal with the zika crisis, which is especially afflicted south florida. All of that as the backdrop was the president ial election, and republicans simply did not want to who control both the house and senate, simply did not want to shut the government down. Congress also voted to override the president s vooet of the 9, which means the families of those killed are now legally allowed to sue saudi now that thats happened, whats the next step here . The next step is to see where the Legal Process takes the opening that has been provided by this bill. This was a rare bipartisan rebuke for president obama. He vetoed this bill, arguing that it buy eroding the sovereign immunity that other nations enjoy from us, that we would also put our people and assets at risk to similar lawsuits. E proponents say, well, there have been exceptions in the past already in law, and were just going to have to see what unfolds as a result of this legislatn becoming law. John, tell us about this new survey out on the election. What does it show . It shows that by better than 2 to 1, 52 to 21 , likely voters in the country thought that Hillary Clint won the first debate with donald trump. So that is a scientific poll that counters the claims that trump has been making about nonscienti surveys that some organizati including cnbc had put out. It also showed that hillary n strengthened her base. 50 of the democrats say they had a stronger opinion and strength her specifically among women. A key target group for donald trump. Mo worrisome for trump, 69 of women in this survey, women likely voters, say he lacks the personaly and temperament to serve as president. All right, john, thank you very much. John harwood reporting tonight from washington. Three prominent senators asking the Justice Department to investigate whe mylan is shortchan the government. It all has to do with how the drug company classifies its epipens. Meg terrell explains. The skyrocketing pric of the epipen, up 400 over a decade, has sparked outrage among parents and patients with severe allergies. But its another action by manufact mylan thats grabbing the attenti of lawmakers. Three senators claim mylan may have misclassified the epipen under made indicated rules in order to pay smaller discounts to states. Today asking the Justice Departme to investigate. Senator Amy Klobuchar says this will cost minnesota 4 million this year alone. And the states attorney general is investi. The interesting thing here with mylan is that practices are impactin both individual patients. Weve heard in my office from patients who simply cant afford to pay the high cost. We also know it impacts the government it comes down to rules under the Medicaid Drug Rebate Program put into place to make medicines more affordable for states. Companies pay bigger discount on socalled innovative drugs, typically branded drugs with more patent protecti of 23 . Noninnovat drugs have rebates of 13 . Mylan has classified epipen as a noninnovat drug, and senators klobuchar and Chuck Grassley and Richard Blumenthal suggest mylan may have knowingly mifs classified the divertin millions of dollars from u. S. Taxpayers. Mylan says the epipen meets the definiti of noninnovator drug and its been classified that way since before it acquired the product in 2007. But e centers for medicare and Medicaid Services says it has, quote, expressly advised mylan their classif was incorrect. The senators in their letter today said the companys defense doesnt hold. In part because mylan has made changes to the epipen and received additiona patent protecti since they acquired it. Mylan has bee investigated before, paying a settlement in 2009. They asked the Justice Department to respond to their letter by october 12th. For nightly businessreport,m. Still ahead, why some federal offic are concerned about more electionrelated cyber at two federal officials in two days have warned of Cyber Security threats ahead of the president i today fbi director james comey told lawmakers that over the past month, Voter Registration databases in states across the country have come under a any hacking in connection with this nations election system is something we take extraordy seriously. The whole of government. And so it is something the fbi is spending a lot of time on right now to try and understand. What are they up to and what does it involve and whats the scope of it to equip the president to decide upon the apprope response. And just yesterday, the head said a number of curi states have asked for help to secure their syste in the run up to the november 8th election, we have been working with state election officials, local election officials, to help them with their Cyber Security when they ask. M pleased that 18 states have now come forward and requested our assistance in their Cyber Security efforts. These comments come amid increasi concerns over suspended russian attempts to influence the upcoming election. Eamon javers is following the story from washington. Eamon, specifically what did we learn today about the government lev of concern . Well, sue, what we learned was that these government officials, includi the head of the cia, who spoke today at an event in washington, are extremely concerned about the possibily of hacking into the u. S. Election. E concerned enough to be all talking about it publicly at the same time. Thats a message you should definite read as their intentiol the sending in public. We didnt learn, though, is exactly what theyre going to be able to do about it. The federal governmt itself has been riddled with hacking attacks and has the victim of several major hacks over the past couple of years. And so the question is, what if any support can the u. S. Government provide to those states around the country as they gear up for this election in november. One of the officials said today, one of the best things about the u. S. Election system is its fairly distributed. Its run at a state and local level. Theres no one central database that hacker could get into and just simply switch the results of the election. But even hacking into all those local databases is a scary enough prospect. So 18 states have asked the federal for help. What can the feds do . Well, what they have said is that they can send boots on the ground into those states. They can also help those states in scanning their own systems in terms of whether or not they have been hacked and they also want to involve them in this 24 7 Operations Center theyve got here in washington, which is designed to help them understand the absolute latest information on hack attacks as they see them coming in realtime. Thats what they say they can do. But the maddening thing about Cyber Security, you never quite know if enough is enough in terms of prevention. Absolutely. Eamon, thank you. As always. Eamon javers in washington. A massive takeover cleared its last big hurdle. Miller shareholders backed a 100 billion takeover by anheuserbusch. Investors seemed happy, sending shares higher and the merge between the worlds biggest beer makers could usher in a new era for the industry. Reporte if beer is your most popular product and youre bringing in almost half, 46 , of the worlds beermaking profits, what else could you be called other th the king of beer . Its share of global profits is four times that of its nearest competitor, heineken. Ab in bev is a brewing behemoth with corona, bets, japans deeren and rolling rock. They will suppl more than a quarter of the worlds beer. Sab miller folds in a slew of internatio beers, like fosters from australia and American Craft brews like blue moon. It also brings operations in 17 African Companies where beer consumptn is expected to grow three times faster than in the rest of the world through 2025. Sab miller is in bevs fourth major acquisition since 2008, including budweiser maker, anheuser busch, and koreas oriental brewing. To ease the fears of governments around the world hoping to maintain competition, the new company sold assets, huge names, like miller light, perony and s interest in the numberone selling beer, chinas snow. The miller light sale to molsoncoo makes it the number two u. S. Beerseller behind in bev. Im thirsty. Its expected to take ten years to recoup the 100 billionplus. Nvestment that all goes accord red stones national amusemen may ask viacom and cbs to think about getting back together. Where we begin tonights market focus. Red stones movie theatre company, both cbs and viacom, is reportedly getting ready to ask the two media giants to explore a possible merger. Cbs and viacom split from each other about a decade ago. Shares of viacom rose 3 to 36. 56. Cbs climbed 4 to 54. 15. Its the end of an era as blackberry wil making its the own devices, outsourcing producti to annin do neegs partner and focus on software developmen e annout was made along with its Second Quarter earnings which saw a net loss of nearly 400 million. But the street like the strategy, sending shares up nearly 6 to 8. 33. The propane retailer, ferrell s posted fouryear results that missed analysts expectat saying sales were hurt by warmer weather that cut demand for propane. The company said its ceo was stepping down to be replaced by the founder, james ferrell. Ferrell gas fell 21 to 13 even. The payroll paycheck said its Quarterly Earnings rose 4 , and revenue was up 9 . That sounds good, but the company trimm its fullyear earnings forecast, citing tax items as a result paychecks fell more than 4. 5 to close at will robotses steal our jobs one day, we all think about it. And as Companies Invest more in technology we all worry about it. But should we . Aditi roy takes a look. Reporte this robot called atlas and made by an alphabeto com looks like it belongs in a scifi movie. Bu its creators say atlas uses artifici intelligence to perform down to earth tasks, like delivering food or picking up packages. While some fear such robots will replace jobs, a new study by ack senna reports artificial intellig could dramatically boost Economic Growth and productivi study looked at 12 countries and found that ai, or technology that senses the environment comprehes whats happening and takes action could increase productivi in 2035. The report als forecasts economic growt in the u. S. Could increase from 2. 6 to 4. 6 in 2035, with the adoption of ai technologi it auto mates a lot of the lowlevel tasks and gets them done with higher satisfaction for the peopl askin the questions, and it frees up employee to do things they get more satisfactn out of, which is solving more complex problems and dealing with the more complex issues that arise. Repo