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28030 Federal Register/Vol. 74, No. 112/Friday, June 12, 2009/Notices It appears that the ICE Henry explained in Appendix A to the part 36 price discovery; (4) sound risk Financial LD1 Fixed Price contract may rules, the Commission, in making SPDC management practices; and (5) other satisfy the material liquidity, price determinations, will apply and weigh public interest considerations. linkage, and arbitrage criteria for SPDC each factor, as appropriate, to the The bulk of the costs imposed by the determination. With regard to material specific contract and circumstances requirements of Commission Rule 36.3 liquidity, the high average daily trading under consideration. In addition, as part relate to significant and increased volume indicates that the subject of its evaluation, the Commission will information-submission and reporting contract is relatively liquid. With consider the written data, views, and requirements adopted in response to the respect to the price linkage and arbitrage arguments from the ECM that lists the Reauthorization Act’s directive that the tests, it is noted above that the ICE potential SPDC and from any other Commission take an active role in interested parties. Henry Financial LD1 Fixed Price determining whether contracts listed by The Commission requests comment contract and the NYMEX’s physically- ECMs qualify as SPDCs. The enhanced on whether the ICE’s Henry Financial delivered Natural Gas futures contract requirements for ...
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