Chicago Mercantile Exchange Inc.Mr. Phupinder S. Gill
October 21, 2002 Mr. Jonathan G. Katz
Re: File No. SR-NYSE-2002-19 (67 Fed. Reg. 62843, dated October 8, 2002)
Dear Mr. Katz: Chicago Mercantile Exchange Inc. ("CME" or the "Exchange") is pleased to offer comments on proposed rule changes by the New York Stock Exchange, Inc. ("NYSE") relating to customer portfolio and cross-margining requirements. CME generally applauds the NYSE's efforts to expand the use of portfolio margining systems - as opposed to strategy-based systems - as an enlightened and decidedly forward looking policy. However, the Exchange respectfully suggests that the proposed rules be adjusted to ... (1) recognize the possibility that theoretical pricing models in addition to the Option Clearing Corporation's ("OCC") TIMSTM (or Theoretical Intermarket Margining System) system be approved as qualifying models pursuant to the Commission's Net Capital Rule; and (2) avoid prescriptions that might require revision of established futures account management policies. SPAN System - The Exchange maintains an interest in these matters to the extent that it has been a pioneer in the development of, and remains a world leader in, portfolio margining systems. In particular, Chicago Mercantile Exchange (CME) developed SPAN® (Standard Portfolio Analysis of Risk) system for calculating margin requirements. SPAN was the first futures industry margining system to compute requirements exclusively on the basis of overall portfolio risk. In the years since its inception, SPAN has become the industry standard; the program is now the official margining mechanism of virtually every registered futures exchange and clearing organization in the United States, as well as many such entities worldwide. SPAN calculates margin requirements for clearing firms, exchange members and customers. Although SPAN was originally designed to measure the risk associated with futures and futures options, the product had subsequently been expanded and is applied in actual practice with respect to stock options and other options. In fact, SPAN is capable of assessing the risks associated with portfolios comprised of most any type of financial instrument and derivatives thereon available today. Because SPAN is portfolio-driven, it evaluates all products which share a common or similar underlying instrument. Thus, SPAN may aggregate the risks associated with portfolios including futures, options on futures options, stock options, etc. For example, the program may be applied to portfolios including S&P 500 futures, options on S&P 500 futures, and options on the S&P 500 Index. SPAN is currently deployed by thirty-eight (38) exchanges and clearing organizations worldwide - located in nations including the United States, Australia, China, Canada, England, France, India, Japan, Hungary, Norway and Singapore. Eight (8) exchanges currently deploy SPAN in the context of single stock futures; eight (8) deploy SPAN for equity options; and, SPAN is used in the context of four (4) CME cross-margining programs. Explicit OCC TIMS References - We note that the following proposed rules contain explicit references to OCC or incorporate unattributed references to TIMS operating parameters - Rules 431(g)(2)(H), 431(g)(3), 431(7), 726(d)6 and 726(d)9. Again, we respectfully request that NYSE revise these rules in a more generic fashion allowing for the possibility that other portfolio margining systems may become approved for use in this context, without necessitating subsequent rule amendments. Further, we have respectfully requested the Commission and the New York Stock Exchange by letters dated October 18, 2002 to initiate steps necessary to designate SPAN as an Approved Theoretical Pricing Model per Rule 431(g)(3). Sundry Issues -
Proposed Rule 726(d)(25) requires the application of "the same minimum margin requirement for every contract, including futures contracts" - which we interpret as a reference to the minimum margin requirements identified in proposed Rule 431(g)(7). While it is commonplace to apply a short option minimum margin requirement to options on futures, the application of such minimums to futures positions cannot readily be accommodated per existing bookkeeping systems in common usage within the futures industry without significant time, expense and labor. Thus, we respectfully suggest that this rule be adjusted to reflect practices prevailing within the futures industry. Thank you for the opportunity to comment on the proposed rules. If any questions arise during your review of this letter, please do not hesitate to contact John W. Labuszewski, Director, Clearing Development, Chicago Mercantile Exchange Inc. at 312-466-7469.
/jwl |