Essential Documents

  • Essential Documents

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    The Role of the Market Speculation in Rising Oil and Gas Prices, Senate Staff Report

    Published June 27, 2006

    The U.S. Senate's Permanent Subcommittee on Investigations conducted an investigation of market speculation and oil/gas prices. They reported the following findings and recommendations:

    "A. Findings

    1. Rise in Speculation. Over the past few years speculators
    have expended tens of billions of dollars in U.S. energy commodity
    markets.

    2. Speculation Has Increased Prices. Speculation has contributed
    to rising U.S. energy prices, but gaps in available market data
    currently impede analysis of the specific amount of speculation, the
    commodity trades involved, the markets affected, and the extent of
    price impacts.

    3. Price-Inventory Relationship Altered. With respect to
    crude oil, the influx of speculative dollars appears to have altered
    the historical relationship between price and inventory, leading the
    current oil market to be characterized by both large inventories
    and high prices.

    4. Large Trader Reports Essential. CFTC access to daily reports
    of large trades of energy commodities is essential to its ability
    to detect and deter price manipulation. The CFTC's ability to detect
    and deter energy price manipulation is suffering from critical
    information gaps, because traders on OTC electronic exchanges and
    the London ICE Futures are currently exempt from CFTC reporting
    requirements. Large trader reporting is also essential to analyze
    the effect of speculation on energy prices.

    5. ICE Impact on Energy Prices. ICE's filings with the Securities
    and Exchange Commission and other evidence indicate that its
    over-the-counter electronic exchange performs a price discovery
    function -- and thereby affects U.S. energy prices -- in the cash market
    for the energy commodities traded on that exchange.


    B. Recommendations

    1. Eliminate Enron Loophole. Congress should eliminate the
    Enron loophole that currently limits CFTC oversight of key U.S.
    energy commodity markets and put the CFTC back on the beat policing
    these markets.

    2. Require Large Trader Reports. Congress should enact legislation
    to provide that persons trading energy futures ''look-alike''
    contracts on over-the-counter electronic exchanges are subject to
    the CFTC's large trader reporting requirements.

    3. Monitor U.S. Energy Trades on Foreign Exchanges. Congress
    should enact legislation to ensure that U.S. persons trading
    U.S. energy commodities on foreign exchanges are subject to the
    CFTC's large trader reporting requirements.

    4. Increase U.S.-U.K. Cooperation. The CFTC should work
    with the United Kingdom Financial Services Authority to ensure it
    has information about all large trades in U.S. energy commodities
    on the ICE Futures exchange in London.

    5. Make ICE Determination. The CFTC should immediately
    conduct the hearing required by its regulations to examine the
    price discovery function of the ICE OTC electronic exchange and
    the need for ICE to publish daily trading data as required by the
    Commodity Exchange Act."

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