Notice of Intent, Pursuant to the Authority in Section 2(h)(7) of the Commodity Exchange Act and Commission Rule 36.3(c)(3), To Undertake a Determination Whether the (1) Phys, BS, LD1 (US/MM), AB-NIT Contract, et al., Offered for Trading on the Natural Gas Exchange, Inc., Perform Significant Price Discovery Functions, 53724-53728 [E9-25183]
Download as PDF
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Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices
Henry Hub physically-delivered natural
gas futures contract for the same
specified calendar month. The size of
the SCL contract is 2,500 million British
thermal units (‘‘mmBtu’’), and the unit
of trading is any multiple of 2,500
mmBtu. The SCL contract is listed for
up to 120 calendar months commencing
with the next calendar month.
Based upon a required quarterly
notification filed on July 27, 2009
(mandatory under Rule 36.3(c)(2)), the
ICE reported that, with respect to its
SCL contract, the total number of trades
was 8,102 in the second quarter of 2009,
resulting in a daily average of 126.6
trades. During the same period, the SCL
contract had a total trading volume of
612,452 contracts and an average daily
trading volume of 9,569 contracts.
Moreover, the open interest as of June
30, 2009, was 417,121 contracts.
It appears that the SCL contract may
satisfy the material liquidity, price
linkage, and material price reference
factors for SPDC determination. With
respect to material liquidity, trading in
the SCL contract averaged more than
9,000 contracts on a daily basis, with
more than 100 separate transactions
each day. In addition, the open interest
in the subject contract was substantial.
In regard to price linkage, the final
settlement of the SCL contract is based,
in part, on the final settlement price of
the NYMEX’s physically-delivered
natural gas contract, where the NYMEX
is registered with the Commission as a
designated contract market (‘‘DCM’’). In
terms of material price reference, the
ICE maintains exclusive rights over IPI’s
bidweek price indices. As a result, no
other exchange can offer such a basis
contract based on IPI’s Socal bidweek
index. While other third-party price
providers produce natural gas price
indices for a variety of trading centers,
those indices may not be the same in
value or quality as IPI’s price indices;
each company’s bidweek indices are
based on transactions that are
consummated during the last five days
of the month prior to delivery and are
voluntarily submitted by traders. In
addition, the ICE sells its price data to
market participants in a number of
different packages which vary in terms
of the hubs covered, time periods, and
whether the data are daily only or
historical. For example, the ICE offers
‘‘West Gas End of Day’’ and ‘‘OTC Gas
End of Day’’ with access to all price data
or just 12, 24, 36, or 48 months of
historical data.
III. Request for Comment
In evaluating whether an ECM’s
agreement, contract, or transaction
performs a significant price discovery
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14:46 Oct 19, 2009
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function, section 2(h)(7) of the CEA
directs the Commission to consider, as
appropriate, four specific criteria: Price
linkage, arbitrage, material price
reference, and material liquidity. As it
explained in Appendix A to the Part 36
rules,5 the Commission, in making
SPDC determinations, will apply and
weigh each factor, as appropriate, to the
specific contract and circumstances
under consideration.
As part of its evaluation, the
Commission will consider the written
data, views, and arguments from any
ECM that lists the potential SPDC and
from any other interested parties.
Accordingly, the Commission requests
comment on whether the ICE’s SCL
contract performs a significant price
discovery function. Commenters’
attention is directed particularly to
Appendix A of the Commission’s Part
36 rules for a detailed discussion of the
factors relevant to a SPDC
determination. The Commission notes
that comments which analyze the
contract in terms of these factors will be
especially helpful to the determination
process. In order to determine the
relevance of comments received, the
Commission requests that commenters
explain in what capacity are they
knowledgeable about one or several of
the subject contracts.
IV. Related Matters
A. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(‘‘PRA’’) 6 imposes certain requirements
on federal agencies, including the
Commission, in connection with their
conducting or sponsoring any collection
of information, as defined by the PRA.
Certain provisions of final Commission
rule 36.3 impose new regulatory and
reporting requirements on ECMs,
resulting in information collection
requirements within the meaning of the
PRA; OMB previously has approved and
assigned OMB control number 3038–
0060 to this collection of information.
B. Cost-Benefit Analysis
Section 15(a) of the CEA 7 requires the
Commission to consider the costs and
benefits of its actions before issuing an
order under the Act. By its terms,
section 15(a) does not require the
Commission to quantify the costs and
benefits of such an order or to determine
whether the benefits of such an order
outweigh its costs; rather, it requires
that the Commission ‘‘consider’’ the
costs and benefits of its action. Section
15(a) further specifies that the costs and
5 17
CFR Part 36, Appendix A.
6 44 U.S.C. 3507(d).
7 7 U.S.C. 19(a).
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benefits shall be evaluated in light of
five broad areas of market and public
concern: (1) Protection of market
participants and the public; (2)
efficiency, competitiveness, and
financial integrity of futures markets; (3)
price discovery; (4) sound risk
management practices; and (5) other
public interest considerations.
The bulk of the costs imposed by the
requirements of Commission Rule 36.3
relate to significant and increased
information-submission and reporting
requirements adopted in response to the
Reauthorization Act’s directive that the
Commission take an active role in
determining whether contracts listed by
ECMs qualify as SPDCs. The enhanced
requirements for ECMs will permit the
Commission to acquire the information
it needs to discharge its newlymandated responsibilities and to ensure
that ECMs with SPDCs are identified as
entities with the elevated status of
registered entity under the CEA and are
in compliance with the statutory terms
of the core principles of section
2(h)(7)(C) of the Act. The primary
benefit to the public is to enable the
Commission to discharge its statutory
obligation to monitor for the presence of
SPDCs and extend its oversight to the
trading of SPDCs.
Issued in Washington, DC, on October 14,
2009 by the Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. E9–25192 Filed 10–19–09; 8:45 am]
BILLING CODE 6351–01–P
COMMODITY FUTURES TRADING
COMMISSION
Notice of Intent, Pursuant to the
Authority in Section 2(h)(7) of the
Commodity Exchange Act and
Commission Rule 36.3(c)(3), To
Undertake a Determination Whether
the (1) Phys, BS, LD1 (US/MM), AB–NIT
Contract, et al., Offered for Trading on
the Natural Gas Exchange, Inc.,
Perform Significant Price Discovery
Functions
AGENCY: Commodity Futures Trading
Commission.
ACTION: Notice of action and request for
comment.
SUMMARY: The Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) is undertaking a review
to determine whether the (1) Phys,1 BS,2
1 The acronym ‘‘Phys’’ indicates physical delivery
of natural gas.
2 The acronym ‘‘BS’’ indicates that the contract is
a cash-settled basis swap.
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LD1 3 (US/MM), AB–NIT 4 (‘‘Alberta
Basis’’); (2) Phys, BS, LD1 (US/MM),
Union-Dawn 5 (‘‘Union-Dawn Basis’’);
(3) Phys, FP,6 (CA/GJ),7 AB–NIT
(‘‘Alberta Fixed-Price’’); (4) Phys, FP,
(US/MM), Union-Dawn (‘‘Union-Dawn
Fixed-Price’’); and (5) Phys, ID,8 7a 9
(CA/GJ), AB–NIT (‘‘Alberta Index’’)
contracts, offered for trading on the
Natural Gas Exchange, Inc. (‘‘NGX’’), an
exempt commercial market (‘‘ECM’’)
under Sections 2(h)(3)–(5) of the
Commodity Exchange Act (‘‘CEA’’ or the
‘‘Act’’), perform significant price
discovery functions. Authority for this
action is found in section 2(h)(7) of the
CEA and Commission rule 36.3(c)
promulgated thereunder. In connection
with this evaluation, the Commission
invites comment from interested parties.
DATES: Comments must be received on
or before November 4, 2009.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Follow the instructions for
submitting comments. Federal
eRulemaking Portal: https://
www.regulations.gov.
• E-mail: secretary@cftc.gov. Include
Phys, BS, LD1 (US/MM), AB–NIT
(‘‘Alberta Basis’’) Contract; Phys, BS,
LD1 (US/MM), Union-Dawn (‘‘UnionDawn Basis’’) Contract; Phys, FP, (CA/
GJ), AB–NIT (‘‘Alberta Fixed-Price’’)
Contract; Phys, FP, (US/MM), UnionDawn (‘‘Union-Dawn Fixed-Price’’)
Contract; and/or Phys, ID, 7a (CA/GJ),
AB–NIT (‘‘Alberta Index’’) Contract in
the subject line of the message,
depending on the subject contract(s) to
which the comments apply.
• Fax: (202) 418–5521
• Mail: Send to David A. Stawick,
Secretary, Commodity Futures Trading
Commission, Three Lafayette Centre,
3 The acronym ‘‘LD1’’ indicates the final
settlement price of the New York Mercantile
Exchange (NYMEX) physically-delivered Henry
Hub Natural Gas futures contract for the
corresponding contract month, which is expressed
in US dollars and cents per million British thermal
units (mmBtu).
4 The acronym ‘‘AB–NIT’’ refers to the Alberta,
Canada, and Nova Inventory Transfer hub.
5 ‘‘Union-Dawn’’ refers to the Union Gas, Ltd.’s,
Dawn hub, which is located in Canada across the
U.S. border from Detroit, Michigan.
6 The acronym ‘‘FP’’ refers to fixed-price
contracts.
7 The abbreviation CA/GJ refers the Canadian
dollars per gigajoule, which is a unit of measure for
energy. One GJ is equal to 0.9478 mmBtu.
8 The acronym ‘‘ID’’ refers to index contracts.
9 The term ‘‘7a’’ refers to a price index that is
computed as a volume-weighted average of
transactions that occur on the NGX trading platform
during a particular calendar month. Such
transactions specify the physical delivery of natural
gas at the AB–NIT hub in the following calendar
month.
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14:46 Oct 19, 2009
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1155 21st Street, NW., Washington, DC
20581
• Courier: Same as mail above.
All comments received will be posted
without change to https://
www.CFTC.gov/.
FOR FURTHER INFORMATION CONTACT:
Gregory K. Price, Industry Economist,
Division of Market Oversight,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581. Telephone: (202) 418–5515. Email: gprice@cftc.gov; or Susan Nathan,
Senior Special Counsel, Division of
Market Oversight, same address.
Telephone: (202) 418–5133. E-mail:
snathan@cftc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 16, 2009, the CFTC
promulgated final rules implementing
provisions of the CFTC Reauthorization
Act of 2008 (‘‘Reauthorization Act’’) 10
which subjects ECMs with significant
price discovery contracts (‘‘SPDCs’’) to
self-regulatory and reporting
requirements, as well as certain
Commission oversight authorities, with
respect to those contracts. Among other
things, these rules and rule amendments
revise the information-submission
requirements applicable to ECMs,
establish procedures and standards by
which the Commission will determine
whether an ECM contract performs a
significant price discovery function, and
provide guidance with respect to
compliance with nine statutory core
principles applicable to ECMs with
SPDCs. These rules became effective on
April 22, 2009.
In determining whether an ECM’s
contract is or is not an SPDC, the
Commission will evaluate the contract’s
material liquidity, price linkage to other
contracts, potential for arbitrage with
other contracts traded on designated
contract markets or derivatives
transaction execution facilities, use of
the ECM contract’s prices to execute or
settle other transactions, and other
factors.
In order to facilitate the Commission’s
identification of possible SPDCs,
Commission rule 36.3(c)(2) requires that
an ECM operating in reliance on section
2(h)(3) promptly notify the Commission
and provide supporting information or
data concerning any contract: (i) That
averaged five trades per day or more
over the most recent calendar quarter;
and (ii) (A) for which the ECM sells
price information regarding the contract
10 74 FR 12178 (Mar. 23, 2009); these rules
became effective on April 22, 2009.
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53725
to market participants or industry
publications; or (B) whose daily closing
or settlement prices on 95 percent or
more of the days in the most recent
quarter were within 2.5 percent of the
contemporaneously determined closing,
settlement, or other daily price of
another agreement.
II. Determination of an SPDC
A. The SPDC Determination Process
Commission rule 36.3(c)(3)
establishes the procedures by which the
Commission makes and announces its
determination on whether a specific
ECM contract serves a significant price
discovery function. Under those
procedures, the Commission will
publish a notice in the Federal Register
that it intends to undertake a
determination as to whether the
specified agreement, contract, or
transaction performs a significant price
discovery function and to receive
written data, views, and arguments
relevant to its determination from the
ECM and other interested persons.11
After prompt consideration of all
relevant information,12 the Commission
will, within a reasonable period of time
after the close of the comment period,
issue an order explaining its
determination. Following the issuance
of an order by the Commission that the
ECM executes or trades an agreement,
contract, or transaction that performs a
significant price discovery function, the
ECM must demonstrate, with respect to
that agreement, contract, or transaction,
compliance with the core principles
under section 2(h)(7)(C) of the CEA 13
and the applicable provisions of Part 36.
If the Commission’s order represents the
first time it has determined that one of
the ECM’s contracts performs a
significant price discovery function, the
ECM must submit a written
demonstration of its compliance with
the core principles within 90 calendar
days of the date of the Commission’s
order. For each subsequent
determination by the Commission that
the ECM has an additional SPDC, the
11 The Commission may commence this process
on its own initiative or on the basis of information
provided to it by an ECM pursuant to the
notification provisions of Commission rule
36.3(c)(2).
12 Where appropriate, the Commission may
choose to interview market participants regarding
their impressions of a particular contract. Further,
while they may not provide direct evidentiary
support with respect to a particular contract, the
Commission may rely for background and context
on resources such as its October 2007 Report on the
Oversight of Trading on Regulated Futures
Exchanges and Exempt Commercial Markets (‘‘ECM
Study’’). https://www.cftc.gov/stellent/groups/
public/@newsroom/documents/file/pr5403–
07_ecmreport.pdf.
13 7 U.S.C. 2(h)(7)(C).
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ECM must submit a written
demonstration of its compliance with
the core principles within 30 calendar
days of the Commission’s order.
cprice-sewell on DSKGBLS3C1PROD with NOTICES
B. Phys, BS, LD1 (US/MM), AB–NIT
Contract
The Alberta Basis contract is a
monthly contract that calls for physical
delivery of natural gas based on the final
settlement price for NYMEX’s Henry
Hub physically-delivered natural gas
futures contract for the specified
calendar month, plus or minus the price
differential (basis) between the Alberta
delivery point 14 and the Henry Hub.
There is no standard size for the Alberta
Basis contract, although a minimum
volume of 100 mmBtu is required in
increments of 100 units per day. The
Alberta Basis contract is listed for 60
consecutive calendar months.
Based upon a required quarterly
notification filed on August 25, 2009
(mandatory under Rule 36.3(c)(2)), the
NGX reported that, with respect to its
Alberta Basis contract, the average
number of trades each day for the
nearby contract month was 23.2 in the
second quarter of 2009. During the same
period, the Alberta Basis nearby
contract had an average daily trading
volume of 5,869,800 million British
thermal units (mmBtu).15 Moreover, the
net open interest as of June 30, 2009, for
the nearby contract month was
150,213,600 mmBtu. For delivery two
months out, the open interest was
10,112,200 mmBtu.
It appears that the Alberta Basis
contract may satisfy the material
liquidity, price linkage, and material
price reference factors for SPDC
determination. With respect to material
liquidity, trading in the Alberta Basis
contract was nearly 6,000,000 mmBtu
on a daily basis, with more than 20
separate transactions each day. In
addition, the open interest in the subject
contract was substantial. In regard to
price linkage, the final settlement of the
Alberta Basis contract is based, in part,
on the final settlement price of the
NYMEX’s physically-delivered natural
gas futures contract, where the NYMEX
is registered with the Commission as a
designated contract market (‘‘DCM’’).
14 NOVA Gas Transmission, Ltd., owns the
natural gas transmission infrastructure known as
the Alberta System. The Alberta System is a
network comprising 14,100 miles of pipeline that
gathers natural gas for use both in Alberta and for
delivery to provincial border points for export to
North American markets. The Alberta System is one
of the largest natural gas transmission systems in
North America and gathers 66 percent of natural gas
produced in Western Canada.
15 For comparative purposes, the size of the
NYMEX’s physically-delivered Henry Hub natural
gas futures contract is 10,000 mmBtu.
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14:46 Oct 19, 2009
Jkt 220001
With respect to material price
reference, the NGX forged an alliance
with the IntercontinentalExchange, Inc.,
(ICE) to use the ICE’s matching engine
to complete transactions in physical gas
contracts traded on NGX. In return, the
NGX agreed to provide the clearing
services for such transactions. As part of
the agreement, NGX provides the ICE
with transaction data, which are then
made available to market participants
on a paid basis. The ICE offers the NGX
data in several packages, which vary in
terms of the amount of available
historical data. For example, the ICE
offers the ‘‘OTC Gas End of Day’’ data
packages with access to all historical
data, or the option of accessing 12, 24,
36, and 48 months of past data only.
C. Phys, BS, LD1 (US/MM), Union-Dawn
Contract
The Union-Dawn Basis contract is a
monthly contract that calls for physical
delivery of natural gas based on the final
settlement price for NYMEX’s Henry
Hub physically-delivered natural gas
futures contract for the specified
calendar month, plus or minus the price
differential (basis) between the Dawn
delivery point 16 and the Henry Hub.
There is no standard size for the UnionDawn Basis contract, although a
minimum volume of 100 mmBtu is
required in increments of 100 units per
day. The Union-Dawn Basis contract is
listed for 60 consecutive calendar
months.
Based upon a required quarterly
notification filed on August 25, 2009
(mandatory under Rule 36.3(c)(2)), the
NGX reported that, with respect to its
Union-Dawn Basis contract, the average
number of trades each day for the
nearby contract month was 8.3 in the
second quarter of 2009. During the same
period, the Union-Dawn Basis nearby
contract had an average daily trading
volume of 1,332,400 mmBtu. Moreover,
the net open interest as of June 30, 2009,
for the nearby contract month was
28,203,800 mmBtu. For delivery two
months out, the open interest was
12,908,400 mmBtu.
It appears that the Union-Dawn Basis
contract may satisfy the material
liquidity, price linkage, and material
price reference factors for SPDC
determination. With respect to material
16 Union Gas, Ltd., is a major Canadian natural
gas storage, transmission, and distribution company
based in Ontario, Canada. Union Gas offers
premium storage and transportation services to
customers at the Dawn hub, which the largest
underground storage facility in Canada and one of
the largest in North America. The Dawn hub offers
customers an important link for natural gas moving
from Western Canadian and U.S. supply basins to
markets in central Canada and the northeast United
States.
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liquidity, trading in the Union-Dawn
Basis contract was more than 1,000,000
mmBtu on a daily basis, with more than
eight separate transactions each day. In
addition, the open interest in the subject
contract was substantial. In regard to
price linkage, the final settlement of the
Union-Dawn Basis contract is based, in
part, on the final settlement price of the
NYMEX’s physically-delivered natural
gas futures contract, where the NYMEX
is registered with the Commission as a
designated contract market (‘‘DCM’’).
With respect to material price
reference, the NGX forged an alliance
with the IntercontinentalExchange, Inc.,
(ICE) to use the ICE’s matching engine
to complete transactions in physical gas
contracts traded on NGX. In return, the
NGX agreed to provide the clearing
services for such transactions. As part of
the agreement, NGX provides the ICE
with transaction data, which are then
made available to market participants
on a paid basis. The ICE offers the NGX
data in several packages, which vary in
terms of the amount of available
historical data. For example, the ICE
offers the ‘‘OTC Gas End of Day’’ data
packages with access to all historical
data, or the option of accessing 12, 24,
36, and 48 months of past data only.
D. Phys, FP, (CA/GJ), AB–NIT Contract
The Alberta Fixed-Price contract calls
for physical delivery of natural gas over
a number of different time periods. This
contract allows delivery of natural gas
during the following day, Friday plus
two or three days, Saturday plus three
or four days, Sunday plus two days, the
remainder of the month, throughout the
nearby calendar month, and during a
specific future calendar month. Each
delivery period is considered to be a
separate contract, and market
participants value each delivery period
separately. However, overlapping
delivery days are considered fungible,
and, thus, may be offset by traders.
There is no standard size for the Alberta
Fixed-Priced contract, although a
minimum volume of 94.78 mmBtu is
required in increments of 100 units per
day. The NGX lists the Alberta FixedPrice contract for 60 calendar months.
Based upon a required quarterly
notification filed on August 25, 2009
(mandatory under Rule 36.3(c)(2)), the
NGX reported that, with respect to its
Alberta Fixed-Price contract, the average
number of trades daily for each delivery
period was greater than five in the
second quarter of 2009. In this regard,
the average number of trades each day
was 122.1, 36.0, 7.0, 30.1, 7.4, 68.6, and
12.8 trades for the following delivery
periods—following day, Friday plus two
days, Friday plus three days, Saturday
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plus three days, Saturday plus four
days, Sunday plus two days, remainder
of the month, nearby calendar month,
and any single future calendar month,
respectively. During the same period,
the Alberta Fixed-Price contract had an
average daily trading volume of
1,209,505 mmBtu; 821,565 mmBtu;
223,874 mmBtu; 754,175 mmBtu;
672,568 mmBtu; 6,634,030 mmBtu; and
1,233,958 mmBtu for the following
delivery periods—next day, Friday plus
two days, Friday plus three days,
Saturday plus three days, Saturday plus
four days, Sunday plus two days,
remainder of the month, nearby
calendar month, and any single future
calendar month, respectively. Moreover,
the net open interest as of June 30, 2009,
was 96,003,450 mmBtu for next-month
delivery. For delivery two months out,
the open interest was 54,456,997
mmBtu.17
It appears that the Alberta Fixed-Price
contract may satisfy the material
liquidity and material price reference
factors for SPDC determination. With
respect to material liquidity, trading in
the nearby month of the Alberta FixedPrice contract was close to 7,000,000
mmBtu on a daily basis, with nearly 70
separate transactions each day. In
addition, the open interest in the subject
contract was substantial.
With respect to material price
reference, the NGX forged an alliance
with the IntercontinentalExchange, Inc.,
(ICE) to use the ICE’s matching engine
to complete transactions in physical gas
contracts traded on NGX. In return, the
NGX agreed to provide the clearing
services for such transactions. As part of
the agreement, NGX provides the ICE
with transaction data, which are then
made available to market participants
on a paid basis. The ICE offers the NGX
data in several packages, which vary in
terms of the amount of available
historical data. For example, the ICE
offers the ‘‘OTC Gas End of Day’’ data
packages with access to all historical
data, or the option of accessing 12, 24,
36, and 48 months of past data only.
E. Phys, FP, (US/MM), Union-Dawn
Contract
The Union-Dawn Fixed-Price contract
calls for physical delivery of natural gas
over two different time periods: the
following day and Saturday plus three
days. Each delivery period is considered
to be a separate contract, and the market
participants value each delivery period
separately. However, overlapping
delivery days are considered fungible,
17 The open interest for other delivery periods
was significantly smaller than for the nearby and
second-nearby contracts.
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14:46 Oct 19, 2009
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53727
and, thus, may be offset by traders.
There is no standard size for the UnionDawn Fixed-Priced contract, although a
minimum volume of 100 mmBtu
required in increments of 100 units per
day. The NGX lists the Union-Dawn
Fixed-Price contract for 60 calendar
months.
Based upon a required quarterly
notification filed on August 25, 2009
(mandatory under Rule 36.3(c)(2)), the
NGX reported that, with respect to its
Union-Dawn Fixed-Price contract, the
average number of trades each day was
114.1 trades and 23.9 trades for next-day
delivery and delivery Saturday plus the
next three days, respectively. During the
same period, the Union-Dawn FixedPrice contract had an average daily
trading volume of 812,800 mmBtu and
458,000 mmBtu for the delivery periods
next day and Saturday plus three days,
respectively. Moreover, the net open
interest as of June 30, 2009, was
2,241,600 mmBtu for next-day delivery.
It appears that the Union-Dawn FixedPrice contract may satisfy the material
liquidity and material price reference
factors for SPDC determination. With
respect to material liquidity, trading
activity in the next-day Union-Dawn
Fixed-Price contract was over 800,000
mmBtu on a daily basis, with over 100
separate transactions each day. In
addition, the open interest in the subject
contract was substantial.
With respect to material price
reference, the NGX forged an alliance
with the IntercontinentalExchange, Inc.,
(ICE) to use the ICE’s matching engine
to complete transactions in physical gas
contracts traded on NGX. In return, the
NGX agreed to provide the clearing
services for such transactions. As part of
the agreement, NGX provides the ICE
with transaction data, which are then
made available to market participants
on a paid basis. The ICE offers the NGX
data in several packages, which vary in
terms of the amount of available
historical data. For example, the ICE
offers the ‘‘OTC Gas End of Day’’ data
packages with access to all historical
data, or the option of accessing 12, 24,
36, and 48 months of past data only.
publication of the delivery month of
Canadian Enerdata, Ltd.’s Canadian Gas
Price Reporter. At the time of delivery,
the negotiated price premium or
discount is added or subtracted to the
published index price. There is no
standard size for the Alberta Index
contract, although a minimum volume
of 94.78 mmBtu is required in
increments of 100 units per day. The
NGX lists the Alberta Index contract for
60 calendar months.
Based upon a required quarterly
notification filed on August 25, 2009
(mandatory under Rule 36.3(c)(2)), the
NGX reported that, with respect to its
Alberta Index contract, the average
number of trades each day was 10.9.
During the same period, the Alberta
Index contract had an average daily
trading volume of 2,438,627 mmBtu.
Moreover, the net open interest as of
June 30, 2009, was 6,287,794 mmBtu for
delivery in the following month.
It appears that the Alberta Index
contract may satisfy the material
liquidity and material price reference
factors for SPDC determination. With
respect to material liquidity, trading in
the nearby month of the Alberta Index
contract was over 2,000,000 mmBtu on
a daily basis, with over 10 separate
transactions each day. In addition, the
open interest in the subject contract was
substantial.
With respect to material price
reference, the NGX forged an alliance
with the IntercontinentalExchange, Inc.,
(ICE) to use the ICE’s matching engine
to complete transactions in physical gas
contracts traded on NGX. In return, the
NGX agreed to provide the clearing
services for such transactions. As part of
the agreement, NGX provides the ICE
with transaction data, which are then
made available to market participants
on a paid basis. The ICE offers the NGX
data in several packages, which vary in
terms of the amount of available
historical data. For example, the ICE
offers the ‘‘OTC Gas End of Day’’ data
packages with access to all historical
data, or the option of accessing 12, 24,
36, and 48 months of past data only.
F. Phys, ID, 7a (CA/GJ), AB–NIT
Contract
The Alberta Index contract calls for
physical delivery of natural gas during
the specified calendar month. When
trading this contract, market
participants price the difference
between the anticipated value of natural
gas at the time of delivery and the
average of actual trades on the NGX
system. The average of transactions on
the NGX system is reported as a volumeweighted average price index in the first
III. Request for Comment
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
In evaluating whether an ECM’s
agreement, contract, or transaction
performs a significant price discovery
function, section 2(h)(7) of the CEA
directs the Commission to consider, as
appropriate, four specific criteria: price
linkage, arbitrage, material price
reference, and material liquidity. As it
explained in Appendix A to the Part 36
rules,18 the Commission, in making
18 17
E:\FR\FM\20OCN1.SGM
CFR Part 36, Appendix A.
20OCN1
53728
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices
SPDC determinations, will apply and
weigh each factor, as appropriate, to the
specific contract and circumstances
under consideration.
As part of its evaluation, the
Commission will consider the written
data, views, and arguments from any
ECM that lists the potential SPDC and
from any other interested parties.
Accordingly, the Commission requests
comment on whether the subject
contracts perform significant price
discovery functions. Commenters’
attention is directed particularly to
Appendix A of the Commission’s Part
36 rules for a detailed discussion of the
factors relevant to a SPDC
determination. The Commission notes
that comments which analyze the
contracts in terms of these factors will
be especially helpful to the
determination process. In order to
determine the relevance of comments
received, the Commission requests that
commenters explain in what capacity
are they knowledgeable about one or
several of the subject contracts.
Moreover, because five contracts are
included in this notice, it is important
that commenters identify to which
contract(s) their comments apply.
IV. Related Matters
cprice-sewell on DSKGBLS3C1PROD with NOTICES
A. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(‘‘PRA’’) 19 imposes certain
requirements on federal agencies,
including the Commission, in
connection with their conducting or
sponsoring any collection of
information, as defined by the PRA.
Certain provisions of final Commission
rule 36.3 impose new regulatory and
reporting requirements on ECMs,
resulting in information collection
requirements within the meaning of the
PRA; OMB previously has approved and
assigned OMB control number 3038–
0060 to this collection of information.
B. Cost-Benefit Analysis
Section 15(a) of the CEA 20 requires
the Commission to consider the costs
and benefits of its actions before issuing
an order under the Act. By its terms,
section 15(a) does not require the
Commission to quantify the costs and
benefits of such an order or to determine
whether the benefits of such an order
outweigh its costs; rather, it requires
that the Commission ‘‘consider’’ the
costs and benefits of its action. Section
15(a) further specifies that the costs and
benefits shall be evaluated in light of
five broad areas of market and public
concern: (1) Protection of market
19 44
20 7
U.S.C. 3507(d).
U.S.C.19(a).
VerDate Nov<24>2008
14:46 Oct 19, 2009
Jkt 220001
participants and the public; (2)
efficiency, competitiveness, and
financial integrity of futures markets; (3)
price discovery; (4) sound risk
management practices; and (5) other
public interest considerations.
The bulk of the costs imposed by the
requirements of Commission Rule 36.3
relate to significant and increased
information-submission and reporting
requirements adopted in response to the
Reauthorization Act’s directive that the
Commission take an active role in
determining whether contracts listed by
ECMs qualify as SPDCs. The enhanced
requirements for ECMs will permit the
Commission to acquire the information
it needs to discharge its newlymandated responsibilities and to ensure
that ECMs with SPDCs are identified as
entities with the elevated status of
registered entity under the CEA and are
in compliance with the statutory terms
of the core principles of section
2(h)(7)(C) of the Act. The primary
benefit to the public is to enable the
Commission to discharge its statutory
obligation to monitor for the presence of
SPDCs and extend its oversight to the
trading of SPDCs.
Issued in Washington, DC, on October 14,
2009 by the Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. E9–25183 Filed 10–19–09; 8:45 am]
BILLING CODE 6351–01–P
COMMODITY FUTURES TRADING
COMMISSION
Notice of Intent, Pursuant to the
Authority in Section 2(h)(7) of the
Commodity Exchange Act and
Commission Rule 36.3(c)(3), To
Undertake a Determination Whether
the Fuel Oil-180 Singapore Swap
Contract, Offered for Trading on the
IntercontinentalExchange, Inc.,
Performs a Significant Price Discovery
Function
AGENCY: Commodity Futures Trading
Commission.
ACTION: Notice of action and request for
comment.
SUMMARY: The Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) is undertaking a review
to determine whether the Fuel Oil—180
Singapore Swap (‘‘SZS’’) contract,
offered for trading on the
IntercontinentalExchange, Inc. (‘‘ICE’’),
an exempt commercial market (‘‘ECM’’)
under Sections 2(h)(3)–(5) of the
Commodity Exchange Act (‘‘CEA’’ or the
‘‘Act’’), perform a significant price
discovery function. Authority for this
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
action is found in section 2(h)(7) of the
CEA and Commission rule 36.3(c)
promulgated thereunder. In connection
with this evaluation, the Commission
invites comment from interested parties.
DATES: Comments must be received on
or before November 4, 2009.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Follow the instructions for
submitting comments. Federal
eRulemaking Portal: https://
www.regulations.gov.
• E-mail: secretary@cftc.gov. Include
Fuel Oil—180 Singapore Swap (SZS)
Contract in the subject line of the
message.
• Fax: (202) 418–5521
• Mail: Send to David A. Stawick,
Secretary, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581
• Courier: Same as mail above.
All comments received will be posted
without change to https://
www.CFTC.gov/.
FOR FURTHER INFORMATION CONTACT:
Gregory K. Price, Industry Economist,
Division of Market Oversight,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581. Telephone: (202) 418–5515. Email: gprice@cftc.gov; or Susan Nathan,
Senior Special Counsel, Division of
Market Oversight, same address.
Telephone: (202) 418–5133. E-mail:
snathan@cftc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 16, 2009, the CFTC
promulgated final rules implementing
provisions of the CFTC Reauthorization
Act of 2008 (‘‘Reauthorization Act’’) 1
which subjects ECMs with significant
price discovery contracts (‘‘SPDCs’’) to
self-regulatory and reporting
requirements, as well as certain
Commission oversight authorities, with
respect to those contracts. Among other
things, these rules and rule amendments
revise the information-submission
requirements applicable to ECMs,
establish procedures and standards by
which the Commission will determine
whether an ECM contract performs a
significant price discovery function, and
provide guidance with respect to
compliance with nine statutory core
principles applicable to ECMs with
1 74 FR 12178 (Mar. 23, 2009); these rules became
effective on April 22, 2009.
E:\FR\FM\20OCN1.SGM
20OCN1
Agencies
[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Notices]
[Pages 53724-53728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25183]
-----------------------------------------------------------------------
COMMODITY FUTURES TRADING COMMISSION
Notice of Intent, Pursuant to the Authority in Section 2(h)(7) of
the Commodity Exchange Act and Commission Rule 36.3(c)(3), To Undertake
a Determination Whether the (1) Phys, BS, LD1 (US/MM), AB-NIT Contract,
et al., Offered for Trading on the Natural Gas Exchange, Inc., Perform
Significant Price Discovery Functions
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice of action and request for comment.
-----------------------------------------------------------------------
SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or
``Commission'') is undertaking a review to determine whether the (1)
Phys,\1\ BS,\2\
[[Page 53725]]
LD1 \3\ (US/MM), AB-NIT \4\ (``Alberta Basis''); (2) Phys, BS, LD1 (US/
MM), Union-Dawn \5\ (``Union-Dawn Basis''); (3) Phys, FP,\6\ (CA/
GJ),\7\ AB-NIT (``Alberta Fixed-Price''); (4) Phys, FP, (US/MM), Union-
Dawn (``Union-Dawn Fixed-Price''); and (5) Phys, ID,\8\ 7a \9\ (CA/GJ),
AB-NIT (``Alberta Index'') contracts, offered for trading on the
Natural Gas Exchange, Inc. (``NGX''), an exempt commercial market
(``ECM'') under Sections 2(h)(3)-(5) of the Commodity Exchange Act
(``CEA'' or the ``Act''), perform significant price discovery
functions. Authority for this action is found in section 2(h)(7) of the
CEA and Commission rule 36.3(c) promulgated thereunder. In connection
with this evaluation, the Commission invites comment from interested
parties.
---------------------------------------------------------------------------
\1\ The acronym ``Phys'' indicates physical delivery of natural
gas.
\2\ The acronym ``BS'' indicates that the contract is a cash-
settled basis swap.
\3\ The acronym ``LD1'' indicates the final settlement price of
the New York Mercantile Exchange (NYMEX) physically-delivered Henry
Hub Natural Gas futures contract for the corresponding contract
month, which is expressed in US dollars and cents per million
British thermal units (mmBtu).
\4\ The acronym ``AB-NIT'' refers to the Alberta, Canada, and
Nova Inventory Transfer hub.
\5\ ``Union-Dawn'' refers to the Union Gas, Ltd.'s, Dawn hub,
which is located in Canada across the U.S. border from Detroit,
Michigan.
\6\ The acronym ``FP'' refers to fixed-price contracts.
\7\ The abbreviation CA/GJ refers the Canadian dollars per
gigajoule, which is a unit of measure for energy. One GJ is equal to
0.9478 mmBtu.
\8\ The acronym ``ID'' refers to index contracts.
\9\ The term ``7a'' refers to a price index that is computed as
a volume-weighted average of transactions that occur on the NGX
trading platform during a particular calendar month. Such
transactions specify the physical delivery of natural gas at the AB-
NIT hub in the following calendar month.
---------------------------------------------------------------------------
DATES: Comments must be received on or before November 4, 2009.
ADDRESSES: Comments may be submitted by any of the following methods:
Follow the instructions for submitting comments. Federal
eRulemaking Portal: https://www.regulations.gov.
E-mail: secretary@cftc.gov. Include Phys, BS, LD1 (US/MM),
AB-NIT (``Alberta Basis'') Contract; Phys, BS, LD1 (US/MM), Union-Dawn
(``Union-Dawn Basis'') Contract; Phys, FP, (CA/GJ), AB-NIT (``Alberta
Fixed-Price'') Contract; Phys, FP, (US/MM), Union-Dawn (``Union-Dawn
Fixed-Price'') Contract; and/or Phys, ID, 7a (CA/GJ), AB-NIT (``Alberta
Index'') Contract in the subject line of the message, depending on the
subject contract(s) to which the comments apply.
Fax: (202) 418-5521
Mail: Send to David A. Stawick, Secretary, Commodity
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street,
NW., Washington, DC 20581
Courier: Same as mail above.
All comments received will be posted without change to https://www.CFTC.gov/.
FOR FURTHER INFORMATION CONTACT: Gregory K. Price, Industry Economist,
Division of Market Oversight, Commodity Futures Trading Commission,
Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581.
Telephone: (202) 418-5515. E-mail: gprice@cftc.gov; or Susan Nathan,
Senior Special Counsel, Division of Market Oversight, same address.
Telephone: (202) 418-5133. E-mail: snathan@cftc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 16, 2009, the CFTC promulgated final rules implementing
provisions of the CFTC Reauthorization Act of 2008 (``Reauthorization
Act'') \10\ which subjects ECMs with significant price discovery
contracts (``SPDCs'') to self-regulatory and reporting requirements, as
well as certain Commission oversight authorities, with respect to those
contracts. Among other things, these rules and rule amendments revise
the information-submission requirements applicable to ECMs, establish
procedures and standards by which the Commission will determine whether
an ECM contract performs a significant price discovery function, and
provide guidance with respect to compliance with nine statutory core
principles applicable to ECMs with SPDCs. These rules became effective
on April 22, 2009.
---------------------------------------------------------------------------
\10\ 74 FR 12178 (Mar. 23, 2009); these rules became effective
on April 22, 2009.
---------------------------------------------------------------------------
In determining whether an ECM's contract is or is not an SPDC, the
Commission will evaluate the contract's material liquidity, price
linkage to other contracts, potential for arbitrage with other
contracts traded on designated contract markets or derivatives
transaction execution facilities, use of the ECM contract's prices to
execute or settle other transactions, and other factors.
In order to facilitate the Commission's identification of possible
SPDCs, Commission rule 36.3(c)(2) requires that an ECM operating in
reliance on section 2(h)(3) promptly notify the Commission and provide
supporting information or data concerning any contract: (i) That
averaged five trades per day or more over the most recent calendar
quarter; and (ii) (A) for which the ECM sells price information
regarding the contract to market participants or industry publications;
or (B) whose daily closing or settlement prices on 95 percent or more
of the days in the most recent quarter were within 2.5 percent of the
contemporaneously determined closing, settlement, or other daily price
of another agreement.
II. Determination of an SPDC
A. The SPDC Determination Process
Commission rule 36.3(c)(3) establishes the procedures by which the
Commission makes and announces its determination on whether a specific
ECM contract serves a significant price discovery function. Under those
procedures, the Commission will publish a notice in the Federal
Register that it intends to undertake a determination as to whether the
specified agreement, contract, or transaction performs a significant
price discovery function and to receive written data, views, and
arguments relevant to its determination from the ECM and other
interested persons.\11\ After prompt consideration of all relevant
information,\12\ the Commission will, within a reasonable period of
time after the close of the comment period, issue an order explaining
its determination. Following the issuance of an order by the Commission
that the ECM executes or trades an agreement, contract, or transaction
that performs a significant price discovery function, the ECM must
demonstrate, with respect to that agreement, contract, or transaction,
compliance with the core principles under section 2(h)(7)(C) of the CEA
\13\ and the applicable provisions of Part 36. If the Commission's
order represents the first time it has determined that one of the ECM's
contracts performs a significant price discovery function, the ECM must
submit a written demonstration of its compliance with the core
principles within 90 calendar days of the date of the Commission's
order. For each subsequent determination by the Commission that the ECM
has an additional SPDC, the
[[Page 53726]]
ECM must submit a written demonstration of its compliance with the core
principles within 30 calendar days of the Commission's order.
---------------------------------------------------------------------------
\11\ The Commission may commence this process on its own
initiative or on the basis of information provided to it by an ECM
pursuant to the notification provisions of Commission rule
36.3(c)(2).
\12\ Where appropriate, the Commission may choose to interview
market participants regarding their impressions of a particular
contract. Further, while they may not provide direct evidentiary
support with respect to a particular contract, the Commission may
rely for background and context on resources such as its October
2007 Report on the Oversight of Trading on Regulated Futures
Exchanges and Exempt Commercial Markets (``ECM Study''). https://www.cftc.gov/stellent/groups/public/@newsroom/documents/file/pr5403-07_ecmreport.pdf.
\13\ 7 U.S.C. 2(h)(7)(C).
---------------------------------------------------------------------------
B. Phys, BS, LD1 (US/MM), AB-NIT Contract
The Alberta Basis contract is a monthly contract that calls for
physical delivery of natural gas based on the final settlement price
for NYMEX's Henry Hub physically-delivered natural gas futures contract
for the specified calendar month, plus or minus the price differential
(basis) between the Alberta delivery point \14\ and the Henry Hub.
There is no standard size for the Alberta Basis contract, although a
minimum volume of 100 mmBtu is required in increments of 100 units per
day. The Alberta Basis contract is listed for 60 consecutive calendar
months.
---------------------------------------------------------------------------
\14\ NOVA Gas Transmission, Ltd., owns the natural gas
transmission infrastructure known as the Alberta System. The Alberta
System is a network comprising 14,100 miles of pipeline that gathers
natural gas for use both in Alberta and for delivery to provincial
border points for export to North American markets. The Alberta
System is one of the largest natural gas transmission systems in
North America and gathers 66 percent of natural gas produced in
Western Canada.
---------------------------------------------------------------------------
Based upon a required quarterly notification filed on August 25,
2009 (mandatory under Rule 36.3(c)(2)), the NGX reported that, with
respect to its Alberta Basis contract, the average number of trades
each day for the nearby contract month was 23.2 in the second quarter
of 2009. During the same period, the Alberta Basis nearby contract had
an average daily trading volume of 5,869,800 million British thermal
units (mmBtu).\15\ Moreover, the net open interest as of June 30, 2009,
for the nearby contract month was 150,213,600 mmBtu. For delivery two
months out, the open interest was 10,112,200 mmBtu.
---------------------------------------------------------------------------
\15\ For comparative purposes, the size of the NYMEX's
physically-delivered Henry Hub natural gas futures contract is
10,000 mmBtu.
---------------------------------------------------------------------------
It appears that the Alberta Basis contract may satisfy the material
liquidity, price linkage, and material price reference factors for SPDC
determination. With respect to material liquidity, trading in the
Alberta Basis contract was nearly 6,000,000 mmBtu on a daily basis,
with more than 20 separate transactions each day. In addition, the open
interest in the subject contract was substantial. In regard to price
linkage, the final settlement of the Alberta Basis contract is based,
in part, on the final settlement price of the NYMEX's physically-
delivered natural gas futures contract, where the NYMEX is registered
with the Commission as a designated contract market (``DCM'').
With respect to material price reference, the NGX forged an
alliance with the IntercontinentalExchange, Inc., (ICE) to use the
ICE's matching engine to complete transactions in physical gas
contracts traded on NGX. In return, the NGX agreed to provide the
clearing services for such transactions. As part of the agreement, NGX
provides the ICE with transaction data, which are then made available
to market participants on a paid basis. The ICE offers the NGX data in
several packages, which vary in terms of the amount of available
historical data. For example, the ICE offers the ``OTC Gas End of Day''
data packages with access to all historical data, or the option of
accessing 12, 24, 36, and 48 months of past data only.
C. Phys, BS, LD1 (US/MM), Union-Dawn Contract
The Union-Dawn Basis contract is a monthly contract that calls for
physical delivery of natural gas based on the final settlement price
for NYMEX's Henry Hub physically-delivered natural gas futures contract
for the specified calendar month, plus or minus the price differential
(basis) between the Dawn delivery point \16\ and the Henry Hub. There
is no standard size for the Union-Dawn Basis contract, although a
minimum volume of 100 mmBtu is required in increments of 100 units per
day. The Union-Dawn Basis contract is listed for 60 consecutive
calendar months.
---------------------------------------------------------------------------
\16\ Union Gas, Ltd., is a major Canadian natural gas storage,
transmission, and distribution company based in Ontario, Canada.
Union Gas offers premium storage and transportation services to
customers at the Dawn hub, which the largest underground storage
facility in Canada and one of the largest in North America. The Dawn
hub offers customers an important link for natural gas moving from
Western Canadian and U.S. supply basins to markets in central Canada
and the northeast United States.
---------------------------------------------------------------------------
Based upon a required quarterly notification filed on August 25,
2009 (mandatory under Rule 36.3(c)(2)), the NGX reported that, with
respect to its Union-Dawn Basis contract, the average number of trades
each day for the nearby contract month was 8.3 in the second quarter of
2009. During the same period, the Union-Dawn Basis nearby contract had
an average daily trading volume of 1,332,400 mmBtu. Moreover, the net
open interest as of June 30, 2009, for the nearby contract month was
28,203,800 mmBtu. For delivery two months out, the open interest was
12,908,400 mmBtu.
It appears that the Union-Dawn Basis contract may satisfy the
material liquidity, price linkage, and material price reference factors
for SPDC determination. With respect to material liquidity, trading in
the Union-Dawn Basis contract was more than 1,000,000 mmBtu on a daily
basis, with more than eight separate transactions each day. In
addition, the open interest in the subject contract was substantial. In
regard to price linkage, the final settlement of the Union-Dawn Basis
contract is based, in part, on the final settlement price of the
NYMEX's physically-delivered natural gas futures contract, where the
NYMEX is registered with the Commission as a designated contract market
(``DCM'').
With respect to material price reference, the NGX forged an
alliance with the IntercontinentalExchange, Inc., (ICE) to use the
ICE's matching engine to complete transactions in physical gas
contracts traded on NGX. In return, the NGX agreed to provide the
clearing services for such transactions. As part of the agreement, NGX
provides the ICE with transaction data, which are then made available
to market participants on a paid basis. The ICE offers the NGX data in
several packages, which vary in terms of the amount of available
historical data. For example, the ICE offers the ``OTC Gas End of Day''
data packages with access to all historical data, or the option of
accessing 12, 24, 36, and 48 months of past data only.
D. Phys, FP, (CA/GJ), AB-NIT Contract
The Alberta Fixed-Price contract calls for physical delivery of
natural gas over a number of different time periods. This contract
allows delivery of natural gas during the following day, Friday plus
two or three days, Saturday plus three or four days, Sunday plus two
days, the remainder of the month, throughout the nearby calendar month,
and during a specific future calendar month. Each delivery period is
considered to be a separate contract, and market participants value
each delivery period separately. However, overlapping delivery days are
considered fungible, and, thus, may be offset by traders. There is no
standard size for the Alberta Fixed-Priced contract, although a minimum
volume of 94.78 mmBtu is required in increments of 100 units per day.
The NGX lists the Alberta Fixed-Price contract for 60 calendar months.
Based upon a required quarterly notification filed on August 25,
2009 (mandatory under Rule 36.3(c)(2)), the NGX reported that, with
respect to its Alberta Fixed-Price contract, the average number of
trades daily for each delivery period was greater than five in the
second quarter of 2009. In this regard, the average number of trades
each day was 122.1, 36.0, 7.0, 30.1, 7.4, 68.6, and 12.8 trades for the
following delivery periods--following day, Friday plus two days, Friday
plus three days, Saturday
[[Page 53727]]
plus three days, Saturday plus four days, Sunday plus two days,
remainder of the month, nearby calendar month, and any single future
calendar month, respectively. During the same period, the Alberta
Fixed-Price contract had an average daily trading volume of 1,209,505
mmBtu; 821,565 mmBtu; 223,874 mmBtu; 754,175 mmBtu; 672,568 mmBtu;
6,634,030 mmBtu; and 1,233,958 mmBtu for the following delivery
periods--next day, Friday plus two days, Friday plus three days,
Saturday plus three days, Saturday plus four days, Sunday plus two
days, remainder of the month, nearby calendar month, and any single
future calendar month, respectively. Moreover, the net open interest as
of June 30, 2009, was 96,003,450 mmBtu for next-month delivery. For
delivery two months out, the open interest was 54,456,997 mmBtu.\17\
---------------------------------------------------------------------------
\17\ The open interest for other delivery periods was
significantly smaller than for the nearby and second-nearby
contracts.
---------------------------------------------------------------------------
It appears that the Alberta Fixed-Price contract may satisfy the
material liquidity and material price reference factors for SPDC
determination. With respect to material liquidity, trading in the
nearby month of the Alberta Fixed-Price contract was close to 7,000,000
mmBtu on a daily basis, with nearly 70 separate transactions each day.
In addition, the open interest in the subject contract was substantial.
With respect to material price reference, the NGX forged an
alliance with the IntercontinentalExchange, Inc., (ICE) to use the
ICE's matching engine to complete transactions in physical gas
contracts traded on NGX. In return, the NGX agreed to provide the
clearing services for such transactions. As part of the agreement, NGX
provides the ICE with transaction data, which are then made available
to market participants on a paid basis. The ICE offers the NGX data in
several packages, which vary in terms of the amount of available
historical data. For example, the ICE offers the ``OTC Gas End of Day''
data packages with access to all historical data, or the option of
accessing 12, 24, 36, and 48 months of past data only.
E. Phys, FP, (US/MM), Union-Dawn Contract
The Union-Dawn Fixed-Price contract calls for physical delivery of
natural gas over two different time periods: the following day and
Saturday plus three days. Each delivery period is considered to be a
separate contract, and the market participants value each delivery
period separately. However, overlapping delivery days are considered
fungible, and, thus, may be offset by traders. There is no standard
size for the Union-Dawn Fixed-Priced contract, although a minimum
volume of 100 mmBtu required in increments of 100 units per day. The
NGX lists the Union-Dawn Fixed-Price contract for 60 calendar months.
Based upon a required quarterly notification filed on August 25,
2009 (mandatory under Rule 36.3(c)(2)), the NGX reported that, with
respect to its Union-Dawn Fixed-Price contract, the average number of
trades each day was 114.1 trades and 23.9 trades for next-day delivery
and delivery Saturday plus the next three days, respectively. During
the same period, the Union-Dawn Fixed-Price contract had an average
daily trading volume of 812,800 mmBtu and 458,000 mmBtu for the
delivery periods next day and Saturday plus three days, respectively.
Moreover, the net open interest as of June 30, 2009, was 2,241,600
mmBtu for next-day delivery.
It appears that the Union-Dawn Fixed-Price contract may satisfy the
material liquidity and material price reference factors for SPDC
determination. With respect to material liquidity, trading activity in
the next-day Union-Dawn Fixed-Price contract was over 800,000 mmBtu on
a daily basis, with over 100 separate transactions each day. In
addition, the open interest in the subject contract was substantial.
With respect to material price reference, the NGX forged an
alliance with the IntercontinentalExchange, Inc., (ICE) to use the
ICE's matching engine to complete transactions in physical gas
contracts traded on NGX. In return, the NGX agreed to provide the
clearing services for such transactions. As part of the agreement, NGX
provides the ICE with transaction data, which are then made available
to market participants on a paid basis. The ICE offers the NGX data in
several packages, which vary in terms of the amount of available
historical data. For example, the ICE offers the ``OTC Gas End of Day''
data packages with access to all historical data, or the option of
accessing 12, 24, 36, and 48 months of past data only.
F. Phys, ID, 7a (CA/GJ), AB-NIT Contract
The Alberta Index contract calls for physical delivery of natural
gas during the specified calendar month. When trading this contract,
market participants price the difference between the anticipated value
of natural gas at the time of delivery and the average of actual trades
on the NGX system. The average of transactions on the NGX system is
reported as a volume-weighted average price index in the first
publication of the delivery month of Canadian Enerdata, Ltd.'s Canadian
Gas Price Reporter. At the time of delivery, the negotiated price
premium or discount is added or subtracted to the published index
price. There is no standard size for the Alberta Index contract,
although a minimum volume of 94.78 mmBtu is required in increments of
100 units per day. The NGX lists the Alberta Index contract for 60
calendar months.
Based upon a required quarterly notification filed on August 25,
2009 (mandatory under Rule 36.3(c)(2)), the NGX reported that, with
respect to its Alberta Index contract, the average number of trades
each day was 10.9. During the same period, the Alberta Index contract
had an average daily trading volume of 2,438,627 mmBtu. Moreover, the
net open interest as of June 30, 2009, was 6,287,794 mmBtu for delivery
in the following month.
It appears that the Alberta Index contract may satisfy the material
liquidity and material price reference factors for SPDC determination.
With respect to material liquidity, trading in the nearby month of the
Alberta Index contract was over 2,000,000 mmBtu on a daily basis, with
over 10 separate transactions each day. In addition, the open interest
in the subject contract was substantial.
With respect to material price reference, the NGX forged an
alliance with the IntercontinentalExchange, Inc., (ICE) to use the
ICE's matching engine to complete transactions in physical gas
contracts traded on NGX. In return, the NGX agreed to provide the
clearing services for such transactions. As part of the agreement, NGX
provides the ICE with transaction data, which are then made available
to market participants on a paid basis. The ICE offers the NGX data in
several packages, which vary in terms of the amount of available
historical data. For example, the ICE offers the ``OTC Gas End of Day''
data packages with access to all historical data, or the option of
accessing 12, 24, 36, and 48 months of past data only.
III. Request for Comment
In evaluating whether an ECM's agreement, contract, or transaction
performs a significant price discovery function, section 2(h)(7) of the
CEA directs the Commission to consider, as appropriate, four specific
criteria: price linkage, arbitrage, material price reference, and
material liquidity. As it explained in Appendix A to the Part 36
rules,\18\ the Commission, in making
[[Page 53728]]
SPDC determinations, will apply and weigh each factor, as appropriate,
to the specific contract and circumstances under consideration.
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\18\ 17 CFR Part 36, Appendix A.
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As part of its evaluation, the Commission will consider the written
data, views, and arguments from any ECM that lists the potential SPDC
and from any other interested parties. Accordingly, the Commission
requests comment on whether the subject contracts perform significant
price discovery functions. Commenters' attention is directed
particularly to Appendix A of the Commission's Part 36 rules for a
detailed discussion of the factors relevant to a SPDC determination.
The Commission notes that comments which analyze the contracts in terms
of these factors will be especially helpful to the determination
process. In order to determine the relevance of comments received, the
Commission requests that commenters explain in what capacity are they
knowledgeable about one or several of the subject contracts. Moreover,
because five contracts are included in this notice, it is important
that commenters identify to which contract(s) their comments apply.
IV. Related Matters
A. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (``PRA'') \19\ imposes certain
requirements on federal agencies, including the Commission, in
connection with their conducting or sponsoring any collection of
information, as defined by the PRA. Certain provisions of final
Commission rule 36.3 impose new regulatory and reporting requirements
on ECMs, resulting in information collection requirements within the
meaning of the PRA; OMB previously has approved and assigned OMB
control number 3038-0060 to this collection of information.
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\19\ 44 U.S.C. 3507(d).
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B. Cost-Benefit Analysis
Section 15(a) of the CEA \20\ requires the Commission to consider
the costs and benefits of its actions before issuing an order under the
Act. By its terms, section 15(a) does not require the Commission to
quantify the costs and benefits of such an order or to determine
whether the benefits of such an order outweigh its costs; rather, it
requires that the Commission ``consider'' the costs and benefits of its
action. Section 15(a) further specifies that the costs and benefits
shall be evaluated in light of five broad areas of market and public
concern: (1) Protection of market participants and the public; (2)
efficiency, competitiveness, and financial integrity of futures
markets; (3) price discovery; (4) sound risk management practices; and
(5) other public interest considerations.
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\20\ 7 U.S.C.19(a).
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The bulk of the costs imposed by the requirements of Commission
Rule 36.3 relate to significant and increased information-submission
and reporting requirements adopted in response to the Reauthorization
Act's directive that the Commission take an active role in determining
whether contracts listed by ECMs qualify as SPDCs. The enhanced
requirements for ECMs will permit the Commission to acquire the
information it needs to discharge its newly-mandated responsibilities
and to ensure that ECMs with SPDCs are identified as entities with the
elevated status of registered entity under the CEA and are in
compliance with the statutory terms of the core principles of section
2(h)(7)(C) of the Act. The primary benefit to the public is to enable
the Commission to discharge its statutory obligation to monitor for the
presence of SPDCs and extend its oversight to the trading of SPDCs.
Issued in Washington, DC, on October 14, 2009 by the Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. E9-25183 Filed 10-19-09; 8:45 am]
BILLING CODE 6351-01-P