Gensler: CFTC Should Be Charged With Policing Carbon Markets
October 27 2009 - 12:30PM
Dow Jones News
The head of the U.S. Commodity Futures Trading Commission on
Tuesday again made a pitch for granting his agency authority to
oversee the nascent carbon markets if Congress enacts new climate
change legislation.
"As Congress moves forward, I believe it should fully regulate
the expanded carbon markets--including the futures market, the
[over the counter] market and the cash market--without exception,"
CFTC Chairman Gary Gensler said in a speech before the Natural Gas
Roundtable.
"While other regulators would be in charge of the 'cap' part of
'cap-and-trade,' the CFTC has broad experience regulating the
'trade' part of existing emissions markets. To get the most benefit
from a cap-and-trade program, it is essential that the trading
markets are fair and orderly and that the price discovery process
instills confidence," he added.
The move by the CFTC to regulate a portion of the carbon market
raises some jurisdictional questions because the Federal Energy
Regulatory Commission, or FERC, has traditionally policed for
manipulation in the spot markets.
Recently the FERC chairman has raised some concerns about the
CFTC's decision to look into various electricity and natural gas
contracts traded on electronic energy platforms as part of the
CFTC's new authority in the 2008 farm bill to expand its reach
beyond the traditional futures exchanges.
Already the CFTC angled to get a slice of the carbon market
earlier this year after it said it was scrutinizing the Chicago
Climate Exchange's carbon spot contract for potential heightened
regulations as part of that new authority. The CFTC has not yet
ruled on whether it may start regulating the carbon spot contact,
but IntercontinentalExchange Inc. (ICE) has raised objections,
saying the CFTC may exceed its jurisdiction.
The CFTC currently oversees the trading and clearing of futures
and options contracts in the emissions allowance markets for things
like sulfur dioxide.
If Congress votes to create a cap-and-trade program for
greenhouse gases, the move is likely to create a large new
derivatives market for carbon.
"The commission has abundant experience in the regulation of
centralized marketplaces," Gensler said. "Should Congress seek to
regulate cash markets for emission instruments, the commission is
well-suited to carry out that function."
-By Sarah N. Lynch, Dow Jones Newswires; 202-862-6634;
sarah.lynch@dowjones.com