Notice to Members
Notice No. 203 04/12/2007
NYMEX Division Member Fee Increase
The NYMEX Board of Directors unanimously approved a NYMEX Division Member fee increase of $0.10 per contract side ($0.20 per round turn) for all NYMEX Division futures and options contracts traded on the Exchange floor as well as those traded electronically on the CME Globex system. This fee increase will apply to all futures and options contracts that are associated with NYMEX miNYtm, EFP, EFS, EOO contracts and futures resulting from Options Exercise/Assignment. NYMEX Non-member and COMEX Division fees will remain unchanged. Subject to the consent process described below, the expected effective date for this fee amendment is the open of business 1 May 2007. On this date, NYMEX Division Member fees will be as follows (per side):                                         Floor      Electronic Member Day Trade       $0.25       $0.35 Member Overnight Trade       $0.50       $0.60 COMEX Blended Trade       $0.75       $0.90 NYMEX miNYtm Crude Oil      n/a       $0.55 NYMEX miNYtm Natural Gas      n/a       $0.40 Blended NYMEX miNYtm Crude Oil       n/a       $0.88 Blended NYMEX miNYtm Natural Gas       n/a       $0.45 The proposed fee increase triggers the provisions of New York Mercantile Exchange, Inc. (the "Exchange") Bylaw Section 311, which contains rights pertaining to NYMEX "Core Products", which are defined to include various listed NYMEX futures and option contracts and also to include "similar or "look-alike" contracts or successor or similar contracts or products." In particular, Section 311 provides that any change in fees of any kind for Core Products is a "Special Matter," subject to approval by the owners of Class A Memberships. This fee increase therefore constitutes a Special Matter. Accordingly, owners of Class A Memberships have fifteen (15) days from the date of this Notice to submit a petition by the owners of 82 Class A Memberships (representing at least 10% of the 816 outstanding Class A Memberships) requesting a Special Meeting of the owners of Class A Memberships to vote on the fee increase. If such petition is not received within this time period, or if the fee increase is approved at such a Special Meeting, the fee increase will be deemed approved and will subsequently be submitted to the Commodity Futures Trading Commission (CFTC). A special meeting request form is attached to the end of this Notice in satisfaction of Exchange Bylaw Section 202 (B). Inquiries regarding the aforementioned petition process may be directed to Donna Talamo, Vice President – Office of the Corporate Secretary, at dtalamo@nymex.com or by fax to 212-301-4645. RESPONSE FORM - REQUEST FOR SPECIAL MEETING My name is _____________________ and I am the owner, either directly or by ABC, of __________ Class A Membership(s) in the New York Mercantile Exchange, Inc., and I hereby request a special meeting in response to the fee increase contained in this Notice. Signed By: _____________________ Print Name:
Should you have any questions or require any further information, please contact exchangeinfo@nymex.com