Why punish the index specs? Why not just -- lawfully -- force them to quit their positions, in an
orderly fashion (who needs more volatility in energy mkts, eh?) THEN, if some are recalcitrant, THEN punish them. This can be done with ONE, count 'em ONE, CFTC ruling in any 60-day period you like, and the Regress are not required to do anything, except either openly or tacitly acknowledge the validity of the CFTC ruling.
Technically, they haven't broken any laws (well, aside from some ERISA provisions). What's to punish?
Long-term solution? Drill, nukes, coal, shale, capacity, exactly none of which the a&&holes in the Regress intend to allow.