CFTC May Beef Up Oversight Of 5 Natural Gas Exchange Contracts
October 15 2009 - 5:46PM
Dow Jones News
The U.S. Commodity Futures Trading Commission said Thursday it
may start policing five of the Natural Gas Exchange's listed
contracts in its latest efforts to expand its oversight into the
lightly regulated electronic energy markets.
The contracts will be added to a growing list of different
energy contracts being eyed for possible heightened regulation by
the CFTC as part of the new powers the agency received in the 2008
farm bill.
That bill allowed the CFTC to expand its oversight into
electronic markets known as exempt commercial markets by letting it
impose reporting requirements and trading limits on contracts that
may play a role in setting market prices. Congress granted the CFTC
the new authority in an effort to close the so-called Enron
loophole, which allowed electronic energy markets to evade the same
stringent oversight as regulated exchanges.
Earlier this year, the CFTC began extending this new oversight
to IntercontinentalExchange's Henry Hub natural gas swap after it
ruled the contract serves a "significant price discovery" function.
Since then, it has announced it is examining a total of 30 other
different contracts for the same kinds of regulations.
The majority of those contracts are electricity and natural gas
financial basis contracts listed by ICE, although the CFTC is also
contemplating regulating another carbon spot contract listed at the
Chicago Climate Exchange.
This marks the first time the CFTC has said it may regulate
listed contracts at the Natural Gas Exchange, which is
headquartered in Calgary, Alberta, Canada, and offers forward and
spot energy contracts.
The Natural Gas Exchange contracts that the CFTC said it is
scrutinizing are the Phys, BS, LD1 (US/MM), AB-NIT Contract; the
Phys, BS, LD1 (US/MM), Union-Dawn Contract; the Phys, FP, (CA/GJ),
AB-NIT Contract;, the Phys, FP, (US/MM), Union-Dawn Contract; and
the Phys, ID, 7a(CA/GJ), AB-NIT Contract.
They can be considered both spot and forward contracts depending
upon the delivery time frame, according to a CFTC spokesman.
The CFTC's recent move to target so many different electronic
energy contracts for possible heightened regulation comes as the
agency's chairman is pushing to impose greater limits on
speculative energy traders in the futures markets.
CFTC Chairman Gary Gensler has said he wants to ensure the
agency is using all of its existing authorities to protect the
public and to police against market manipulation and fraud.
The public will get 15 days to comment on the contracts being
considered before the CFTC issues a final decision.
-By Sarah N. Lynch, Dow Jones Newswires; 202-862-6634;
sarah.lynch@dowjones.com