UPDATE 2-EXCLUSIVE-CFTC has votes to pass position limits-source

Tue Oct 11, 2011 10:37pm BST

* CFTC has votes to pass position limits - source

* O'Malia says industry cost to comply $100 million

* Gensler says position limits next on to-do list

(Adds comments from Gensler, O'Malia)

By Christopher Doering

CHICAGO, Oct 11 (Reuters) - The head of the U.S futures regulator has the support he needs to pass a long-awaited rule that would curb excessive speculation in commodity markets, a source with knowledge of the agency's rule-making told Reuters on Tuesday.

The U.S. Commodity Futures Trading Commission announced on Tuesday that it would vote on Oct. 18 on a rule limiting the number of contracts any one speculative trader could hold in commodity markets.

The source said the agency was still making changes to the position limits rule and there was a chance changes could upset the balance of support among the five commissioners before next Tuesday.

"I think he does have the votes," the source who closely follows the rule-making process told Reuters.

The CFTC has postponed two scheduled meetings on the position limits plan, with the most recent cancelled due to a lack of the three votes needed for its approval. [nS1E78R1NS]

Curbing excessive speculation is part of the CFTC's efforts to enact sweeping reforms in the Dodd-Frank financial reform overhaul of 2010 that required the agency to regulate the $600 trillion over-the-counter derivatives market.

Gary Gensler, the chairman of the CFTC, told reporters on the sidelines of a Futures Industry Association conference in Chicago that position limits were next on the agency's to-do list, but he declined to say whether he had the support needed to pass it.

The CFTC has estimated it will cost the industry more than $100 million to comply with the position limits rule, Scott O'Malia, a Republican commissioner, told reporters after speaking on a panel in Chicago.

Most of the cost for the industry is expected to be soon after the rule goes into effect.

O'Malia expressed concern the cost to comply with the rule could be too expensive, especially for bona fide hedgers, or companies that use physical commodities themselves and seek to lower risk by entering into contracts in order to guard against price increases.

"That would be expensive for them and I'm a little bit concerned about the burden that we're placing on commercial hedgers to justify why they shouldn't have limits," said O'Malia. "They have to have the compliance and reporting mechanism to show why they're not," he said.

The commission has never presented a unified front on position limits, one of the most contentious pieces of the financial overhaul for big commodity traders.

In January, Republican Commissioner Jill Sommers opposed releasing the draft rule for public comment, while Democrat Michael Dunn and O'Malia expressed skepticism on how effective the rules would be. Gensler and Bart Chilton have been staunch supporters throughout.

Some CFTC commissioners also are skeptical that the limits would prevent a run-up in prices. The agency's economists have not been able to find a causal link between speculation and price volatility. One study concluded commodity index traders are not causing price volatility and may actually help reduce it.

The Dodd-Frank legislation gave the CFTC the power to set position limits to curb excessive speculation in 28 commodities, including energy, metals and agricultural markets, "as appropriate."

The law required the CFTC to have position limits in place by mid-January.

(Editing by Russell Blinch and Bob Burgdorfer)

((christopher.doering@thomsonreuters.com ; +202 898 8394 Reuters messaging: christopher.doering.reuters.com@reuters.net))

((For help: Click "Contact Us" in your desk top, click here [HELP] or call 1-800-738-8377 for Reuters Products and 1-888-463-3383 for Thomson products; For client training: training.americas@thomsonreuters.com ; +1 646-223-5546)) Keywords: FINANCIAL REGULATION LIMITS/CFTC

(C) Reuters 2011 All rights reserved. Republication or redistribution of Reuters content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters and the Reuters sphere logo are registered trademarks and trademarks of the Reuters group of companies around the world.