Subject: Comments on SR-OCC-2024-001 34-99393
From: Adam Whitehurst
Affiliation:

Feb. 13, 2024

I thank you for this opportunity to comment on SR-OCC-2024-001
34-99393?, as always, and with particular emphasis in this matter as the
opportunity is conspicuous absent from the OCC.

Why is it that the OCC, a public Systemically Important Financial Market
Utility, would not allow comments for such a change? One can only
speculate why such a consequential change would be quietly pushed
through. The intent appears to be to avoid public criticism, and the OCC
should have more integrity than to allow such exploitation.

The issues with the proposed rule are numerous. First and foremost is
the fact that the majority of supporting information has been redacted,
making it impossible to completely assess the consequences of the
proposed changes. It even goes so far as to say "Written comments were
not and are not intended to be solicited wiith respect to the proposed
change." How is this acceptable for a public organization?

Even the small fraction of information we can review is disastrous in
its consequences. The rule change proposes to improve the market
stability and functioning, meanwhile every change it makes would
increase pro-cyclicality of market instability and increase negative
outcomes during idiosyncratic events. The rule proposes to lower margin
requirements during challenging market conditions. This is no way to
improve market stability as it will lead to further contagion, as
non-defaulting members are further stressed and thus more likely to
default themselves.

Moreover, the change seeks to allow the OCC more discretion with its
idiosyncratic risk controls. Instead of allowing the OCC more flexbility
to affect markets through discretionary changes, we should be asking why
it is necessary for the OCC to utilize idiosyncratic control settings so
much in the first place. The OCC has made over 200 discretionary changes
since December 2019. Each one of these necessarily has impacts on the
markets, and is by design, unfair.

This proposed rule aims to further centralize the power for the
Financial Risk Management Officer to affect outcomes of extraordinary
market conditions, to the benefit of those with the most influence over
the FRM Officer. This is unfair and contrary to the principles of an
efficient market. This creates a conflict of interest and the FRM
Officer would effectively become a rubber stamp to alleviate the risk
created by Clearing Members.  More discretionary power would lead to
more uncertainty.

All these changes circumvent the true solution: Better generalized risk
management. We need clear and predefined risk management rules. We need
clear predefined rules for idiosyncratic control settings. We need clear
and predefined oversight rules so that Clearing Members cannot exploit
these rules and cause more risk the the entire system.

The OCC's attempt at avoiding review and criticism are because these
rules are fundamentally opposed to the interests of the public it
serves, and both the OCC's behavior as well as the proposed changes are
unacceptable, and should NOT be approved.