[Congressional Record Volume 154, Number 72 (Friday, May 2, 2008)]
[Senate]
[Pages S3737-S3738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
POLICING THE OIL MARKETS
Ms. CANTWELL. Mr. President, I rise this morning to make sure the
American people know that Democrats want to make sure that oil markets
are policed. Democrats want to make sure the oil markets are not being
manipulated, and Democrats are going to make sure the oil markets, in
fact, are going to be policed by the Federal Government.
Over the last several years, several energy companies, including
Amaranth, Marathon Oil, and British Petroleum have been under
investigation for the manipulation of petroleum and natural gas
markets. As a result of that investigation, British Petroleum now must
pay approximately $373 million for conspiring to corner the market and
manipulate the price of propane carried through the Texas pipeline.
In another example, in 2006, a manipulative scheme to game the
natural gas market by the now defunct hedge fund Amaranth, cost
consumers upwards of $9 billion. In July of last year, Marathon Oil
agreed to pay $1 million in fines to the CFTC to settle charges that
Marathon's petroleum subsidy had attempted to manipulate crude oil
prices.
So we have examples of natural gas and oil markets being manipulated,
and Democrats want to make sure that oil markets are going to be
policed. We want to make sure there is not manipulation of supply. We
want to make sure there is not false reporting of information. We want
to make sure there is not cornering of the market. We want to make sure
there is not rogue trading.
That is why I am pleased the FTC has taken at least a first step in
issuing a rule that I think will help establish the framework by which
these markets can be more thoroughly investigated.
The FTC is recognizing in its rule--the rule that it issued last
night--that they need to base this on a law that is about manipulative
practices or using manipulative devices. There is a large body of case
law starting with the Securities and Exchange Commission now being used
by the Federal Energy Regulatory Commission, that has become, as the
Supreme Court said, ``a judicial oak which has grown from little more
than a legislative acorn.''
What they are talking about is just the simple concept put into
Federal statute that you should not have manipulative devices or
contrivances as it relates to the stock market, as it relates to
commodities, as it relates to now the natural gas and electricity
markets, and now, after the FTC's action last night, as it relates to
the oil markets.
But Democrats are going to make sure the FTC does its job. I am
calling on our leadership to have oversight hearings of this FTC
rulemaking process. The American public needs to be in on this process
of deciding exactly how this rule is going to be developed. We are
going to protect consumers in making sure there is a strong statute on
the books. We want to make sure that in this final rule the impact of
any kind of manipulative, planned reductions by refineries as a scheme
just to reduce supply is covered under this law; that any kind of false
or misleading reporting is covered under this law; and that the FTC
recognizes the great work that was done by the Federal Energy
Regulatory Commission in their adoption of this rule.
In fact, the rule that is being put out by the FTC actually discusses
in detail the cases of Amaranth and Enron, which I think is a good sign
because it is in those cases that we learned exactly how the
manipulation of these markets takes place.
In fact, what we saw with Amaranth and what they did is they ended up
selling shares to try to crash the market to lower the price after they
already had contracts for a higher price. So they made money by
basically getting people to sign up for contracts at a higher expense
and then forcing the market to lower the price so they had a higher
profit margin. They ended up having a huge position in the natural gas
market and, as I said, it cost consumers over $9 billion.
The interesting thing is, when they got out of the market and there
was
[[Page S3738]]
the pursuit by the Federal Regulatory Commission of this issue, natural
gas prices dropped 38 percent--38 percent because we had a bad actor
out of the marketplace.
So it is critical that we have this aggressive action and probe of
the oil markets. It is critical that we give the Federal regulators--
the FTC and the FERC, if they need to be involved, the CFTC, as well as
the DOJ whom I have called on to be involved--the tools they need. But
Democrats are going to make sure we police the oil markets.
If you think about that and you think about the fact that oil prices
are 100 times over what they were a year ago, and if you had some sort
of activity that was driving up that price--I am saying it is not
supply and demand, it is not basic supply and demand. We haven't had a
supply disruption. We haven't had that big of a change in the demand.
So something is going on in the marketplace.
If we would do our job of investigating, we would make sure there is
a bright line there for the consumer, for the American people who are
paying too much at the pump right now, to say that these kinds of
manipulative behaviors will not be tolerated.
The challenge we have is, when we don't have some of these markets
having the transparency and the oversight, or people who are supposed
to be the policemen on the beat, as well as the FTC not doing its job,
then these markets have a lot of activities that can actually drive up
the price. When we think about the Amaranth case, just imagine what
would happen if you could actually lower the price because you get bad
actors out of the market.
That is what we are simply saying. Let's do our job here and have the
oversight hearings of this FTC rule and investigation of the oil
markets. Let's do our job in making sure the consumer is represented in
the development of this rule and a tough Federal statute so that
consumers can have a little relief at the pump.
I noticed last night this was the first time gas prices didn't rise
overnight. I also took note in the paper this morning of the CFTC
Chairman's comment which was an indication of the fact that oil prices
might have moved because, instead of investing in commodities, people
have taken money out of those commodities and put them in other places
in the stock market. People should be aware that Congress and the FTC
are looking into any kind of manipulative practices when it comes to
the oil market. Even if the rule isn't in final adoption today, the
fact that we are going to be aggressive at protecting consumers and
looking into this kind of manipulative practice, I believe, can help
give consumers relief at the pump.
So let's get about doing our job. Let's get about protecting
consumers in what is not a rational gas market today, and get about
helping our economy by doing our job here and having the oversight
hearings that it is going to take to make sure this rule gets developed
with a strong framework that can be used to root out manipulation in
the oil markets.
I thank the President, and I yield the floor. I suggest the absence
of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. CASEY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
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