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Subject: In Break With Bush, Speculators Blamed For Oil Price Spikes
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In Break With Bush, Speculators Blamed For Oil Price
Spikes
By Kevin G. Hall
McClatchy Newspapers
July 28, 2009
http://www.mcclatchydc.com/227/story/72612.html

WASHINGTON - The chairman of the Commodity Futures
Trading Commission signaled Tuesday that his agency is
likely to limit financial speculators' ability to drive
up prices for oil and other fuels.

Excessive speculation, suggested CFTC chief Gary
Gensler, drove the price of oil to a record $147 a
barrel a year ago, making it unnecessarily more
expensive for Americans to heat their homes and fuel
their cars.

"I believe we must seriously consider setting strict
position limits in the energy markets," Gensler said at
the start of a public hearing to consider limiting the
number of contracts that an oil trader can hold.

Gensler's comments mark a stark shift from the Bush
administration's view. When a Republican headed the CFTC
last year, the agency concluded that market forces of
supply and demand, not financial speculators, drove
record increases in energy prices.

However, Gensler and at least one other commissioner,
Bart Chilton, think that speculation, at a minimum,
drove the price of oil higher than it would've gotten
otherwise.

Investors, many of them big pension funds working with
Wall Street investment banks, poured speculative money
into futures, or contracts for future delivery. This
inflow, as much as $300 billion, appears to have pushed
prices to record levels, and helped them rebound again
during the past six months from their winter lows.

Testifying Tuesday before the CFTC, representatives from
utilities, the airline industry and petroleum marketers
all called on the agency to restrict Wall Street
speculators to prevent a return to last year's price
volatility.

Allowing such a return would have "serious impact on the
national air transportation system and the economy,"
including airline bankruptcies or mergers, warned Ben
Hirst, general counsel for Delta Airlines, testifying on
behalf of the Air Transport Association.

Gensler signaled that the question of limits on
speculative investment isn't a matter of if but when.

"As we move forward in considering position limits, I
believe that we should apply consistent, across-the-
board regulations to all futures market participants,"
Gensler said, noting that the agency, and not individual
exchanges, should set the new limits. "With competing
exchanges, regulations must be applied equally to
similar contracts in different markets. The CFTC is in
the best position to apply limits across different
exchanges, and we are most able to strike a balance
between competing interests and the responsibility to
protect the American public."

The CFTC is also weighing whether to take back
exceptions granted over decades to big Wall Street
powers such as Goldman Sachs and Morgan Stanley that
allow their investments in energy contracts to be
regulated as if they were airlines or refineries, free
from limits on the number they can buy.

Commercial fuel users are exempt from position limits
because they actually take delivery of the product. Wall
Street firms, which don't take delivery, received the
same exemptions, first from the CFTC and later from
commodity exchanges, on the grounds that they needed to
hedge against risks that they've taken through private
bets on the price of oil.

These private bets are called swaps. The swaps market
dwarfs the regulated futures markets. Lack of
transparency in these markets, and uncertainty about who
actually owes what to whom, has amplified the global
financial crisis.

"It became more apparent to me today than it ever has
before that the agency should be the one to grant hedge
exemptions," Chilton said in an interview. He noted that
exchanges have incentives to grant exemptions to big
players who bring more trading volume, and thus profits,
to the exchanges. "Our job is to protect consumers and
ensure these markets are working effectively and
efficiently."

Executives from Goldman Sachs and Morgan Stanley are
slated to testify Wednesday before the CFTC. They've
denied that the flood of investment they helped direct
into commodities drove up oil prices, arguing that
global concerns about inadequate oil supplies explain
the run-up.

_____________________________________________

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