Subject: Comments on SR-OCC-2024-001 34-100009
From: Iks Wehc
Affiliation:

May 13, 2024

Dear Commissioners,

I am writing to express my strong support for the Securities and
Exchange Commission's (SEC) decision to reject the proposed rule change
submitted by The Options Clearing Corporation (OCC) concerning
adjustments to margin calculation parameters during periods of high
market volatility (File Number SR-OCC-2024-001). Protecting
transparency, mitigating systemic risks, and ensuring investor
protection are paramount in maintaining fair and orderly financial
markets. For the reasons outlined below, I agree with the SEC's
identification of reasonable grounds for disapproval under various
provisions of the Exchange Act.

Transparency is a cornerstone of fairness and investor confidence in our
financial system. However, the OCC's proposal raises serious concerns in
this regard due to significant redactions that prevent meaningful public
review and comment. With details in exhibits redacted, as cited in the
example support letter, the public lacks visibility into crucial aspects
of the proposed changes. This lack of transparency alone provides
sufficient justification to reject the proposal.

In addition, the proposal's potential impacts on mitigating
procyclicality and systemic risk warrant scrutiny. The OCC acknowledges
margin requirements calculated by its STANS model may become
procyclical, correlating with market volatility. While seeking to
address this, the proposal facilitates margin requirement decreases
through "idiosyncratic" and "global" controls applied over 200 times in
just a few years. As the example letter outlines, applying these
controls 50 times annually seems beyond idiosyncratic events. Repeatedly
reducing members' collateral protections in this manner could encourage
excessive risk-taking and leave the financial system more vulnerable to
contagion from member defaults, especially during periods of heightened
volatility when procyclical margin increases may be most prudent.

Rather than mitigating systemic risk, the proposal appears to increase
it by weakening existing safeguards. As the OCC itself states, a single
member default could trigger other failures through losses charged to
non-defaulting members' clearing fund deposits if liquidating the
defaulter's position under volatile conditions. Yet the proposal aims to
further decrease margin requirements for at-risk members, reducing the
first line of defense for the OCC and shifting more costs to the
clearing fund. Considering the OCC's designation as a systemically
important financial market utility (SIFMU), changes that heighten the
contagion risk of member defaults should face stringent review prior to
approval.

Conflicts of interest inherent in the OCC's governance model compound
transparency and risk concerns. As noted in the example support letter,
the Financial Risk Management Officer's role prioritizes member safety
over the OCC due to the risk of member defaults exposing the OCC to
losses. This necessarily requires rubber-stamping margin reductions for
at-risk members, negating the function of collected margin collateral as
a market risk buffer. Such governance deficiencies weaken protections
for the OCC, its members, and the stability of the financial markets
they serve.

Finally, the OCC proposal comes shortly after previous changes to expand
its access to non-bank liquidity facilities, as outlined comprehensively
in the prior submission. In combination with this proposal, those
changes could allow the OCC to effectively time the transfer of
collateral values from facilities to the OCC's benefit following
orchestrated member defaults, disadvantaging participants such as
pensions. While non-banks voluntarily participate in the facilities,
broader consequences must still be considered, like potential impacts on
insurance solvency requiring taxpayer support.

In rejecting this proposal while properly identifying reasonable grounds
for disapproval, the SEC acts prudently to uphold principles of
transparency, risk management, and investor protection that maintain
fairness and confidence in our financial system. Rather than endorse
changes that could encourage excessive risk and disproportionately
socialize losses, appropriate regulatory oversight should reinforce
financial stability by holding members accountable and avoiding
unintended consequences. I strongly support the SEC's decision and hope
regulators continue fortifying safeguards to protect all stakeholders in
serving the public interest.

In closing, I appreciate the careful review and diligent responsibility
reflected in the SEC's rejection of this OCC proposal. Maintaining
transparency while mitigating systemic risk and preventing conflicts
from weakening inherent protections are non-negotiable foundations of an
equitable and resilient financial market. The examples and evidence
provided here reinforce that the SEC's decision adheres closely to
provisions of the Exchange Act in fulfilling its mandate. Thank you for
considering these views.

Sincerely,
A Concerned Investor