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Comment for Proposed Rule 76 FR 4752

  • From: Josh R Garrett
    Organization(s):
    HeatingOil.com

    Comment No: 31230
    Date: 3/8/2011

    Comment Text:

    As a news source for heating oil dealers and consumers, HeatingOil.com’s mission is to inform our readers of heating oil-related news that directly affects them and promote their interests whenever the opportunity arises.

    The CFTC’s consideration of position limits to curb speculative activity is just such an opportunity, and on behalf of HeatingOil.com, our clients, and our readers, I urge the commission to swiftly enact the proposed limits on speculative positions in heating oil and other commodity markets.

    Bona fide hedgers, including heating oil dealers, find themselves shouldering more risk than ever. Ironically, the same tool that was created to help them manage that risk, the commodity exchange, has become a more of a burden than a boon. Over the last 20 years, speculative investors with no interest in buying or selling physical commodities have flooded into commodities markets, and now perform a huge majority of transactions at the NYMEX on other exchanges. During that time, commodity prices have been on a steady upward march. Huge price increases have occurred in times of low demand and high supply, contrary to free market economic principles. Between January 2009 and February 2011, heating oil prices at the NYMEX increased by 100 percent, from $1.38 to $2.77 a gallon, despite well above-average supplies of heating oil and relatively weak demand.

    Opponents of position limits argue that limits would place excessive restrictions on free market activity, but this argument rings hollow as it has become clear in recent years that the sheer volume of dollars and contracts controlled by institutional speculators has effectively overpowered supply and demand as the determinant of prices. Although the link between vastly increased speculation on commodities like heating oil and rising prices has not been proven conclusively, the direct correlation between speculative activity and prices of widely traded commodities like crude oil is impossible to ignore. Meanwhile, Americans from lower socioeconomic classes struggle to keep their small businesses afloat and scrape together pennies to pay their heating oil bills.

    Commodities have proven to be an immensely successful investment for hedge funds, investment banks, and other institutions with millions or billions of dollars to gamble with. On the other hand, America’s small businesses and households find it more and more difficult to plan budgets and meet financial obligations due to the wildly unpredictable and excessively high prices for the commodities they depend on for their livelihood and survival.

    Opponents also argue that limiting speculative activity in commodity markets would lead to a flight of investment capital from US shores to more loosely monitored exchanges overseas. They argue that such a flight could harm the US economy. As an advocate for the 8 million American households who depend on heating oil and struggle to pay for it, I firmly believe that the economic damage of inadequately regulated speculation is ongoing: every extra dollar spent by an American consumer on an essential product like heating oil is a dollar not spent on purchasing other goods and stimulating our economy. Every extra dollar spent on wholesale heating oil by a heating oil dealer is a dollar that is not used to grow his business and create jobs.

    Position limits on commodity speculators are needed now more than ever. The CFTC must place the well being of small businesses and individual Americans over growing the profits massively wealthy institutional speculators. The CFTC must enact the proposed position limits as soon as law and the parameters of good governance allow.

    As a news source for heating oil dealers and consumers, HeatingOil.com’s mission is to inform our readers of heating oil-related news that directly affects them and promote their interests whenever the opportunity arises.

    The CFTC’s consideration of position limits to curb speculative activity is just such an opportunity, and on behalf of HeatingOil.com, our clients, and our readers, I urge the commission to swiftly enact the proposed limits on speculative positions in heating oil and other commodity markets.

    Bona fide hedgers, including heating oil dealers, find themselves shouldering more risk than ever. Ironically, the same tool that was created to help them manage that risk, the commodity exchange, has become a more of a burden than a boon. Over the last 20 years, speculative investors with no interest in buying or selling physical commodities have flooded into commodities markets, and now perform a huge majority of transactions at the NYMEX on other exchanges. During that time, commodity prices have been on a steady upward march. Huge price increases have occurred in times of low demand and high supply, contrary to free market economic principles. Between January 2009 and February 2011, heating oil prices at the NYMEX increased by 100 percent, from $1.38 to $2.77 a gallon, despite well above-average supplies of heating oil and relatively weak demand.

    Opponents of position limits argue that limits would place excessive restrictions on free market activity, but this argument rings hollow as it has become clear in recent years that the sheer volume of dollars and contracts controlled by institutional speculators has effectively overpowered supply and demand as the determinant of prices. Although the link between vastly increased speculation on commodities like heating oil and rising prices has not been proven conclusively, the direct correlation between speculative activity and prices of widely traded commodities like crude oil is impossible to ignore. Meanwhile, Americans from lower socioeconomic classes struggle to keep their small businesses afloat and scrape together pennies to pay their heating oil bills.

    Commodities have proven to be an immensely successful investment for hedge funds, investment banks, and other institutions with millions or billions of dollars to gamble with. On the other hand, America’s small businesses and households find it more and more difficult to plan budgets and meet financial obligations due to the wildly unpredictable and excessively high prices for the commodities they depend on for their livelihood and survival.

    Opponents also argue that limiting speculative activity in commodity markets would lead to a flight of investment capital from US shores to more loosely monitored exchanges overseas. They argue that such a flight could harm the US economy. As an advocate for the 8 million American households who depend on heating oil and struggle to pay for it, I firmly believe that the economic damage of inadequately regulated speculation is ongoing: every extra dollar spent by an American consumer on an essential product like heating oil is a dollar not spent on purchasing other goods and stimulating our economy. Every extra dollar spent on wholesale heating oil by a heating oil dealer is a dollar that is not used to grow his business and create jobs.

    Position limits on commodity speculators are needed now more than ever. The CFTC must place the well being of small businesses and individual Americans over growing the profits massively wealthy institutional speculators. The CFTC must enact the proposed position limits as soon as law and the parameters of good governance allow.

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