Since "deregulation"? What deregulation?
You know it always amazes me on a skeptical forum when people can't even take a second to look at a link and then act all smug about their response to something they didn't bother to read!?
"Energy trading markets were deregulated in two steps. First, in response to a petition by
nine energy and financial companies, led by Enron36, on November 16, 1992, then-CFTC
Chairwoman Wendy Gramm supported a rule change—later known as Rule 35—
exempting certain energy trading contracts from the requirement that they be traded on a
regulated exchange like NYMEX, thereby allowing companies like Enron and Goldman
Sachs to begin trading energy futures between themselves outside regulated exchanges.
Importantly, the new rule also exempted energy contracts from the anti-fraud provisions
of the Commodity Exchange Act.37 At the same time, Gramm initiated a proposed order
granting a similar exemption to large commercial participants in various energy contracts
that was later approved in April 2003.38
Enron had close ties to Wendy Gramm’s husband, then-Texas Senator Phil Gramm. Of
the nine companies writing letters of support for the rule change, Enron made by far the
largest contributions to Phil Gramm’s campaign fund at that time, giving $34,100.39
Wendy Gramm’s decision was controversial. Then- chairman of a House Agriculture
subcommittee with jurisdiction over the CFTC, Rep. Glen English, protested that Wendy
Gramm’s action prevented the CFTC from intervening in basic energy futures contracts
disputes, even in cases of fraud, noting that that “in my 18 years in Congress [Gramm’s
motion to deregulate] is the most irresponsible decision I have come across.” Sheila Bair,
the CFTC commissioner casting the lone dissenting vote, argued that deregulation of
35 7 USC §§ 9, 13b and 13(a)(2).
36 The other eight companies were: BP, Coastal Corp (now El Paso Corp.) Conoco and Phillips (now ConocoPhillips),
Goldman Sachs’ J. Aron & Co, Koch Industries, Mobil (now ExxonMobil) and Phibro Energy (now a subsidiary of
CitiGroup).
37 17 CFR Ch. 1, available at
www.access.gpo.gov/nara/cfr/waisidx_06/17cfr35_06.html
38 “Exemption for Certain Contracts Involving Energy Products,” 58 Fed. Reg. 6250 (1993).
39 Charles Lewis, “The Buying of the President 1996,” pg 153. The Center for Public Integrity.
Public Citizen Testimony Before the House Energy and Commerce Committee, Subcommittee on Oversight and Investigations energy futures contracts “sets a dangerous precedent.”40 A U.S. General Accounting Office report issued a year later urged Congress to increase regulatory oversight over derivative contracts,41 and a congressional inquiry found that CFTC staff analysts and economists believed Gramm’s hasty move prevented adequate policy review.42 Five weeks after pushing through the “Enron loophole,” Wendy Gramm was asked by Kenneth Lay to serve on Enron’s Board of Directors. When asked to comment about Gramm’s nearly immediate retention by Enron, Lay called it “convoluted” to question the propriety of naming her to the board.43
Congress followed Wendy Gramm’s lead in deregulating energy trading contracts and
moved to deregulate energy trading exchanges by exempting electronic exchanges, like
those quickly set up by Enron, from regulatory oversight (as opposed to a traditional
trading floor like NYMEX that remained regulated). Congress took this action during
last-minute legislative maneuvering on behalf of Enron by former Texas GOP Senator
Phil Gramm in the lame-duck Congress two days after the Supreme Court ruled in Bush v
Gore, buried in 712 pages of unrelated legislation.44 As Public Citizen pointed out back
in 2001,45 this law deregulated OTC derivatives energy trading by “exempting” them
from the Commodity Exchange Act, removing anti-fraud and anti-manipulation
regulation over these derivatives markets and exempting “electronic” exchanges from
CFTC regulatory oversight.
This deregulation law was passed against the explicit recommendations of a multi-agency
review of derivatives markets. The November 1999 release of a report by the President’s
Working Group on Financial Markets—a multi-agency policy group with permanent
standing composed at the time of Lawrence Summers, Secretary of the Treasury; Alan
Greenspan, Chairman of the Federal Reserve; Arthur Levitt, Chairman of the Securities
and Exchange Commission; and William Rainer, Chairman of the CFTC—concluded that
energy trading must not be deregulated. The Group reasoned that “due to the
characteristics of markets for nonfinancial commodities with finite supplies … the
Working Group is unanimously recommending that the [regulatory] exclusion not be
extended to agreements involving such commodities.”46 In its 1999 lobbying disclosure
form, Enron indicated that the “President’s Working Group” was among its lobbying
targets.47
And yet you just said deregulation. Which is it?
This is incoherent! The industry wanted the deregulations so they can make deals based on insider trading, and by-passing anti-trust laws so they can make MORE profits without getting in trouble or having oversite.
And regulation simply alters supply or demand or price.
And waht is that have to do with the fact that oil prices are going up because of questionable trading practices and insider deals so people can make more money (greed) as opposed to ACTUAL cost of production, demand or availability or actual real economics and markets?