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Energy firms warn CFTC on position limits

  • Märkte: Crude oil, Natural gas, Oil products
  • 11.08.14

Draft position limits proposed by the US Commodity Futures Trading Commission (CFTC) define bona fide hedges too narrowly and could capture too many common transactions in the regulatory net, US energy traders warned.

The Coalition of Physical Energy Companies (COPE), which represents companies like Apache, Shell and Enterprise Products Partners, said in its 4 August comments that the position limits rule "appears to be the most burdensome and intrusive element of Dodd-Frank regulation affecting end-users."

COPE said the CFTC's limited list of bona fide hedges would "interfere with and limit legitimate hedging" by arbitrarily excluding some trades from the hedging exemption. Anticipatory hedges, cross-commodity hedges and merchandising activities are either limited or excluded from consideration as a legitimate commercial hedge, COPE said. The agency should "expand or provide exceptions to any list of enumerated hedges in any final rule," COPE said.

The American Petroleum Institute (API), which represents US oil and natural gas companies, focused its comments on the "synthetic fixing" of unfixed price forward contracts, which is the practice of hedging risks associated with unfixed price forward contracts with a physical delivery futures position. API argues that the practice should qualify as a bona fide hedge because the practice is not speculative and will lower risk associated with unfixed price forwards.

The CFTC last month reopened the public comment period for its proposed rule setting position limits for 27 core commodities, including crude, natural gas, gasoline and fuel oil. The agency also held a public roundtable on the rules on 19 June amid concern from industry stakeholders that the rule would disrupt the markets. The comment period closed on 4 August.

CFTC chairman Timothy Massad said last month that the agency will make changes to the rule, particularly in order to "enable companies to engage in the appropriate range of bona fide hedging activities." Massad would not say when he expected those changes to be published.

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