UPDATE: Gensler: CFTC Should Be Agency To Police Carbon Mkts
28 October 2009 - 8:57AM
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 prepared remarks 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. Gensler has said the spot
contracts should fall to the CFTC if they are trading in a
centralized market.
Recently the FERC chairman has raised some concerns in an
interview with Dow Jones Newswires 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.
Gensler said he was unaware of the FERC chairman's comments,
adding that both agencies have met at the staff and chairmen levels
to discuss a range of topics.
"I think we have a very good relationship with other
regulators," he said.
The CFTC had already 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 in his prepared remarks.
"Should Congress seek to regulate cash markets for emission
instruments, the commission is well-suited to carry out that
function."
Although the CFTC will need to wait for Congress to act in order
to carry out some of its regulatory initiatives, Gensler has said
he plans to press forward on areas where the agency already has
authority.
That includes the likelihood that the CFTC will move to impose
new buying limits on energy futures products traded by speculators
- a move Gensler says would limit concentration in the markets by
big players.
One CFTC commissioner, Democrat Bart Chilton, has said he would
support imposing high limits at first and then ratcheting them down
if problems with excessive speculation arise. Gensler declined to
say if he supports this view, telling audience members to "stay
tuned."
-By Sarah N. Lynch, Dow Jones Newswires; 202-862-6634;
sarah.lynch@dowjones.com