Two races down following Saturday’s muddy Preakness run and unfortunately, I knew the 22¼ first quarter would be a problem for Nyquist.  He fought a good fight but the tactically-brilliant race from Exaggerator and the hard-charge from Cherry Wine won out.  Actually, our crew that attended the race really won the day as we took the track for some nice payouts in the big race with several hitting Trifectas and a couple of our guys hitting the Super by adding Stradivari.  It all made the traffic-laden trek home from much more relaxing.  Belmont in 3 weeks….

While I know it is before Memorial Day, I still broke out the flashy summer styles for Pimlico despite the soggy day, all in preparation for the upcoming Memorial Day weekend, when the Delaware beaches become the summer, de facto home of Washington DC.  But be careful heading out through Annapolis as this week is “Commissioning Week” at the US Naval Academy.  Wednesday features the annual Blue Angels flight show (practice runs tomorrow).  Finally, Memorial Day also means it is time to return to the Brickhouse for 500 miles at the Indianapolis Motor Speedway.  Winner drinks the jug of Milk…and a little champagne.

If you are not “going to down to the shore,” (there’s a link to the 80s classic Bitchin’ Camaro) you could head to New Orleans for WINDPOWER, AWEA’s super-huge wind policy/product conference today through Thursday.  Or you could head to Miami where NEI is hosting its annual conference at the Trump National Doral today through Wednesday.  After meeting in the Donald J. Trump Grand Ballroom do they have to have to give Hillary Clinton an equal name billing somewhere – especially since support for zero emissions baseload nuclear is bipartisan?  It is not all fun and games but the headliner is Peyton Manning, now that he has much more time on his hands along with another Super Bowl ring. Speaking of Trump, he is the other big out-of-town story as he heads to North Dakota to talk energy on Thursday.  I suspect we’ll see more of North Dakota Rep. Kevin Cramer, who really is one of the House’s real energy experts having served with fellow North Dakotan and current FERC Commissioner Tony Clark on the state’s Public Service Commission on the early 2000s.

Slower going on the Hill this week with most of the focus on the TSCA (not the Opera) conference agreement that ill reform the law for the first time in more than 25 years, as well as energy funding bills.  The House Rules Committee is slated to meet tomorrow to report out a rule on the Senate’s energy legislation, the first formal step toward a conference of the two chambers’ energy bills. Tomorrow afternoon, Senate EPW takes on WOTUS and a House Judiciary panel will hear from former Bush OIRA head John Graham.  On Thursday, the House Science Committee will hold a hearing on the impact of the CPP on states, with Oklahoma AG Scott Pruitt testifying, among others.  Also on Thursday, Chamber Energy Institute President Karen Harbert addressed the NatGas Roundtable as well.

Finally, the BIG EVENT TODAY: at 3:00 p.m. West Virginia AG Patrick Morrisey, who has coordinated a coalition of 30 states opposing the rule will speak on the latest twists and turns with the legal case to at a National Press Club Newsmaker on the case with former EPA Air office head Jeff Holmstead and utility analyst Christi Tezak.  E&E News utility reporter Rod Kuckro will moderate.  One the topics on the agenda will be Morrisey’s call to stop spending federal tax dollars to comply with the halted Power Plan.  He and Texas AG Ken Paxton sent a letter to EPA earlier today.  Bloomberg BGov also profiles AG Morrisey today (link will be active sometime today) in its weekly feature, which – ICYMI last week – featured yours truly.

See you at the Press Club and call with questions.



Frank Maisano

(202) 828-5864

(202) 997-5932



“We always believed we were right on the law, that what the administration is doing is grossly illegal and unprecedented. That’s why we think the Supreme Court sided with us, even though what they did was unprecedented in terms of reaching down to a lower court and freezing the regulation.”

West Virginia Attorney General Patrick Morrisey (Bloomberg News)

“The entire point of the Supreme Court’s extraordinary action in putting a stop to the Power Plan was to preserve the status quo pending the outcome of the litigation.  EPA should respect that action by leaving things the way they are until the courts have had their say.”

West Virginia Attorney General Patrick Morrisey to EPA this morning.



West Virginia Attorney General Patrick Morrisey today said and Texas Attorney General Ken Paxton recently sent a letter urging the Environmental Protection Agency (EPA) to stop spending federal tax dollars to comply with the halted Power Plan.  The letter responds to a request by 14 state environmental agency officials seeking additional information and technical assistance from the EPA related to the Power Plan.  Attorneys General Morrisey and Paxton ask that EPA decline the invitation to spend federal taxpayer dollars to aid compliance, specifically by discontinuing work on the “Clean Energy Incentive Program” (“CEIP”) and the non-final carbon trading rules.

NERC Report Says Coal to Increase With Trading – A new study from the North American Electric Reliability Corp. says a national allowance trading program under EPA’s Clean Power Plan could lead to more coal consumption and less natural gas use than other implementation strategies.  The report says a trading program would allow states with a heavy reliance on coal to continue running those plants by purchasing allowances from states with renewables and gas that have surpassed their goals. NERC’s study notes that its modeling assumes fully optimized trading, a scenario that isn’t likely to reality. The conclusion echoes the recent findings from West Virginia regulators that trading with states less reliant on coal is the most economically feasible option.  The study, the second of NERC’s three-phase reliability analysis of the CPP, also found that wind and solar will make major gains with or without the rule, that the rule will flatten growth in energy demand, and nuclear retirements will further accelerate gas and renewables growth.

EIA Data Shows Differing CPP Impacts – The Energy Information Administration released initial data related to its 2016 Annual Energy Outlook. The early release focused on two model runs, a reference case assuming implementation of CPP, and a “no CPP” case. The initial reporting on AEO analysis has highlighted that EIA projects that the CPP will have a comparatively modest impact on electricity rates (though this estimate is based on the assumption that states will comply by auctioning credits and then rebating auction revenues to customers). However, EIA is projecting the CPP to have significantly greater economic impacts than projected by EPA and others. For example, EIA is projecting that electricity bills (not just rates) will increase under the CPP, whereas EPA has claimed that bills would go down significantly. EIA also projects that CPP will have a major impact on coal production, reduce GDP by an average of about $60 billion, and result in about 375,000 fewer jobs in 2030 than if the rule weren’t in place.

Chamber Expert Tackles EIA Data – The Chamber Energy Institute’s Steve Eule has a Great blog post on the topic here: The Coal Hard Facts about EPA Regulation Shocking! Electricity Bills Will Rise Under EPA’s Clean Power Plan.



WV AG to Headline Press Club Newsmaker – With the looming Legal arguments In the Clean Power Plan case, the National Press Club’s Newsmakers Committee will host an afternoon forum with West Virginia Attorney General Patrick Morrisey to discuss his role in this hugely-important case.

WCEE to Host Discuss on Electricity Markets – The Women’s Council on Energy and the Environment (WCEE) will hold a discussion today at Noon at FERC with Emma Nicholson, Ph.D., an economist at FERC’s Office of Energy Policy and Innovation. Emma has played a lead role in the Commission’s price formation effort, and is the lead author of the recent FERC technical paper: Operator‐Initiated Commitments in RTO and ISO Markets.

Manning Addresses NEI Assembly – NEI holds its 63rd annual Industry Conference and Supplier Expo today through Thursday at the Trump National Doral.  The Nuclear Energy Assembly is the annual conference of the nuclear technologies industry that brings together industry leaders from all levels. The conference draws hundreds of senior executives and policymakers from around the world.  Just retired Bronco quarterback and Super Bowl Champ Peyton Manning will be the headliner.

Forum to Look at Asia Water Issues – The Stimson Center will hold a forum today at 3:30 p.m. looking at one of the most pressing challenges facing mainland Southeast Asia: water resource management in the context of drought, the impacts of climate change, and continued development of hydropower and rising tensions over water. Stimson’s Southeast Asia Program’s Deputy Director Brian Eyler will share his insights after recently returning from a regional conference on trans-boundary water management in Can Tho, Vietnam and meetings with policy-makers in Hanoi about the rising challenge of resource management in an increasingly unstable climate. Eyler will also share first-hand analysis of the severe drought currently affecting the Mekong Delta. Panelists will discuss how climate change and water management are becoming issues of national security in Vietnam and how the U.S. Rebalance to Asia provides new opportunities for the United States to engage on climate resilience and adaptation.

WINDPOWER Set for New Orleans – AWEA Is hosting its annual WINDPOWER conference in New Orleans this year today through Thursday at the Convention Center.  This year over 400 exhibitors, many of them new firms, will be filling a show floor including GE Renewable Energy, Siemens, Vestas, Goldwind, Gamesa, Nordex and many more. But there will be over 100 smaller firms exhibiting as well. Among the speakers will be our friend Russ Gold of the Wall Street Journal.  Others include keynoter Steve Farber, former LA Senator Mary Landrieu,  Vestas CEO Chris Brown and many more.

Aspen to Look at Carbon Price for North America – The Aspen Institute holds a North American Carbon Price Roundtable Forum tomorrow at 9:00 a.m.  with experts from Canada, Mexico and the United States.

CSIS to Look at China Energy – Tomorrow at 10:00 a.m., the CSIS Energy and National Security Program will host Dr. Kang Wu, Vice Chairman for Asia and Managing Director of FGE China to present a draft of his forthcoming paper, “Energy in China: Market Dynamics and Policy Development,” written for the CSIS Energy Program. Dr. Wu’s report focuses on the political economy of China’s energy sector, examining the impacts of lower economic growth on China’s energy mix and energy supply and demand balance, while also considering the shifts in Chinese energy policy embodied in the country’s 13th Five-Year Plan. Jane Nakano, Senior Fellow with the CSIS Energy and National Security Program will moderate the discussion.

Group to Look at Climate, Equity – The Institute for Policy Studies holds a discussion tomorrow at 12:30 p.m. on how to tackle climate change and equity in a transformative way.  The event will focus on solutions to combat social and economic inequality, as part five of our discussion series exploring the many facets of IPS’s movement-building work.

Brookings Looks at Energy Poverty – The Energy Security and Climate Initiative (ESCI) at Brookings will host a debate tomorrow at 2:00 p.m. at JHU’s Nitze Building looking at solutions to increase energy access.  The forum will feature a discussion between Daniel Kammen, Class of 1935 distinguished professor of energy at the University of California, Berkeley, and Ted Nordhaus, co-founder and research director of the Breakthrough Institute. Our friend and ClimateWire Editor Lisa Friedman will moderate the discussion and audience Q&A.

USEA Forum to Look at Gas Exports – The US Energy Assn will hold a forum tomorrow at 2:00 p.m. to look at natgas export issues. US LNG exports are coming on to the global gas market at a time of a glut of supply, both pipeline and LNG, and low gas prices.  The outlook for demand – outside the US – is mostly pessimistic as well, suggesting the glut of supply could last for many years. Europe is seen as a key battleground for LNG against Russian pipeline gas but post 2020 China will come into that category as well.  What are the real prospects for US LNG exports with this background; could Russia engage in a price war in Europe, will there be any more FIDs on large scale LNG export projects before 2020, and what does all them imply for gas prices? Nexant Global Gas Principal Mike Fulwood will discuss.

Senate Enviro Panel Tackles WOTUS – The Senate Environment Fisheries, Water and Wildlife Subcommittee hold a hearing tomorrow at 2:30 p.m. focused on the WOTUS implementation.  Witnesses will include Farm Bureau Reg Director Don Parrish, Damien Schiff of the Pacific Legal Foundation, National Association of Homebuilders rep Valerie Wilkinson of EGS Companies, Georgetown prof William Buzbee and Scott Kovarovics of the Izaak Walton League.

Former OIRA Head Graham to Visit House Judiciary Reg Panel – Tomorrow at 3:00 p.m., a House Judiciary panel will host John Graham, the former head of the Office of Information and Regulatory Affairs under President George W. Bush for a hearing on federal rules.  Graham, who is now dean of the Indiana University School of Public and Environmental Affairs, will testify to the House Judiciary Committee’s task force on executive overreach.  Others testifying include Sofie Miller, senior policy analyst at the George Washington University Regulatory Studies Center; Amit Narang, regulatory policy advocate at Public Citizen; and Gail Heriot, professor at the University of San Diego School of Law.

Cal Experts to Discuss Energy Research – University of California experts will hold a briefing tomorrow in 421 Cannon at 2:30 p.m. on current research, operations and tech startup stewardship that make UC a living laboratory for clean energy solutions.  UC has helped lead California to remarkable progress in clean energy development and dramatic reductions in air pollution.  UC continues to drive clean energy progress in California and beyond by setting ambitious goals to improve our own environmental sustainability and clean energy future – and offering our solutions and lessons learned to others.  Faculty and staff from UC Davis, UC Irvine, the UC Office of the President and the UC-managed Lawrence Berkeley National Laboratory will discuss how the University leverages its clean energy research, technical expertise and investments to improve UC’s operational performance and expand technology development into new business opportunities and jobs.

Forum to Discuss Energy Data, Metrics – The DC Sustainable Energy Utility and the Smarter DC Challenge will hold an informational forum on Wednesday morning at Clydes looking at how to collect building data, analyze it, and make proactive decisions that save money and streamline building operations.  Speakers include experts in the field, including GSA Green Building director Kevin Kampschroer and several others.

NAS Workshop to Look at Flowback Water Innovation – The National Academy of Sciences holds a workshop on Wednesday and Thursday looking at unconventional hydrocarbon development and the use of flowback and produced waters.  The workshop will look at the opportunities and challenges for innovation.

Atlantic Council Forum Looks at Sustainability – On Wednesday at 9:00 a.m., the Atlantic Council hosts a discussion with Dr. Michael Ben-Eli, founder of The Sustainability Laboratory and author of the widely acclaimed “Sustainability: The Five Core Principles: A New Framework.” Pressure is rapidly mounting to transition towards a cleaner global energy system. Achieving the necessary structural changes will require wide-reaching innovation and creative leadership. Dr. Ben-Eli will share with us five basic tenants of sustainability that can help speed and smooth the transition to cleaner fuels and more renewable energy.

USEA to Feature NatGas Technology Discussion – On Wednesday at 10:00 a.m., the U.S. Energy Association will host Bill Brown of NET Power to discuss an emissions-free natural gas power system that will allow the world to meet 100% of its climate targets without having to pay more for electricity.  NET Power uses the Allam Cycle, an oxy-fuel supercritical CO2 power cycle, to produce electricity from natural gas for the same cost as conventional power plants, but without producing any air emissions.  The system’s only byproducts are liquid water and pipeline-ready CO2. The technology will be the low-cost, reliable, flexible cornerstone of a clean energy future. The company is owned by Exelon, CB&I and 8 Rivers Capital.  Together with Toshiba, NET Power and its investors are building a 50MW demonstration plant in Texas that is currently under construction.

Forum to Look at Sustainability – On Wednesday at 10:00 a.m., the Atlantic Council hold a discussion with Dr. Michael Ben-Eli, founder of The Sustainability Laboratory and author of the widely acclaimed “Sustainability: The Five Core Principles: A New Framework.” Pressure is rapidly mounting to transition towards a cleaner global energy system. Achieving the necessary structural changes will require wide-reaching innovation and creative leadership. Dr. Ben-Eli will share with us five basic tenants of sustainability that can help speed and smooth the transition to cleaner fuels and more renewable energy.

Heritage to Host Author Talk on Rockefellers, Oil Empire – On Wednesday at noon, the Heritage Foundation holds a discussion with author Peter Doran, who will discuss the oil rivalries of the late 19th century.  Marcus Samuel, Jr., is an unorthodox Jewish merchant trader. Henri Deterding is a take-no-prisoners oilman. In 1889, John D. Rockefeller is at the peak of his power. Having annihilated all competition and possessing near-total domination of the market, even the U.S. government is wary of challenging the great “anaconda” of Standard Oil. The Standard never loses – that is until Samuel and Deterding team up to form Royal Dutch Shell.  At the beginning of the 20th Century vast fortunes were made and lost. Breaking Rockefeller traces Samuel’s rise from outsider to the heights of the British aristocracy, Deterding’s conquest of America, and the collapse of Rockefeller’s monopoly. From the rough and tumble of East London’s streets, the twilight turmoil of czarist Russia, the halls of the British Parliament, to down Broadway in New York City, Doran offers a detailed perspective on how the world’s richest man was beaten at his own game.

House Science Hosts Ark AG Pruitt – On Thursday the House Science Committee will hold a hearing on the impact of the CPP on states, with Oklahoma AG Scott Pruitt testifying, among others.  Former DOE Fossil Office Head Chuck McConnell, now at Rice University, will also testify.

Chamber Energy Exec to Address NatGas Roundtable – On Thursday at Noon, the Natural Gas Roundtable is hosting Karen Harbert, President and CEO of the U.S. Chamber of Commerce’s Institute for 21st Century Energy, as its next luncheon speaker.  Harbert leads the Institute’s efforts to build support for meaningful energy action nationally and internationally through policy development, education, and advocacy. Under Harbert’s leadership, the Energy Institute has evolved into a premier national and international organization dedicated to advancing a constructive energy agenda with the business community, policymakers, and consumers. Harbert frequently testifies in front of Congress and provides analysis to the media, policymakers, and industry leaders.

BPC Event to Focus on Ag Sustainability – On Thursday at 10:00 a.m., the Bipartisan Policy Center’s CEO Council on Sustainability and Innovation will share case studies that illustrate sustainable best practices. The council will also unveil a call to action encouraging others along the supply chain to join the journey to a sustainable future.  Speakers at the forum will include Kellogg CEO John Bryant, DuPont EVP James Collins, Hormel Foods CEO Jeff Ettinger, Land O’Lakes CEO Chris Policinski.  The event will be moderated by former U.S. Secretary of Agriculture Dan Glickman.



RFF to Look at Enviro Public Good – Resources for the Future will hold its June First Wednesday Seminar on June 1st at 12:45 p.m. to focus on neuroeconomics, which is a new direction for valuing environmental public good.  For more than 60 years, experts at RFF and elsewhere have sought to understand people’s preferences and willingness to pay for environmental public goods in order to improve environmental regulations. One of the newest methods for understanding preferences and environmental valuation is neuroeconomics—the study of how the brain makes economic-related decisions. Experts at this seminar, hosted by RFF with New York University’s Institute for the Interdisciplinary Study of Decision Making, will examine new findings from the institute that bring neuroscience to bear on what was once largely an economics question: How do people value environmental goods? Panelists will discuss how these findings compare with traditional contingent valuation (one of the longest-standing, conventional approaches to environmental valuation) and the implications for public policy. Speakers will include NYU’s Paul Glimcher, Georgetown‘s Arik Levinson, Michael Livermore of the UVa School of Law and NOAA’s Juli Trtanj.

CSIS to Host Latin Energy Discussion – The Center for Strategic International Studies hosts a conversation on Wednesday June 2nd with State Department Resources envoy Amos Hochstein and Chevron’s Ali Moshiri, who will discuss the policy and commercial implications of the current oil market environment and the outlook for energy security in Latin America and Africa.

Forum to Look at TX Green Energy – The Bi-National Energy Committee along with the City of San Antonio, CPS Energy, the North American Development Bank (NADB) and other organizations will hold the Bi-National Green Energy Forum on June 2nd in San Antonio, TX.  Focusing on green energy projects: from renewable sources of energy to new technologies for energy efficiencies, the Forum is great opportunity to learn and discuss with experts and successful companies of Mexico and the US about cross-border opportunities in this vibrant growing bi-national market.

USEA Forum to Look at Paris, Future of Energy – On Thursday June 9th, US EA will host former Sierra Club Counsel David Bookbinder to discuss Paris, the Presidential election and the future of energy.  As an environmental policy lawyer, Bookbinder has litigated cases under all of the major environmental statutes as Sierra Club’s Chief Climate Counsel. He then represented environmental groups in both stationary- and mobile-source carbon matters, including California’s greenhouse gas vehicle standards. Bookbinder has helped lead efforts on both global warming legislation and Clean Air Act greenhouse gas regulation, and has testified in front of House and Senate committees on these issues. In pursuing his goal of practical, cost-effective carbon solutions Bookbinder has frequently told environmental groups, members of Congress, and federal and state agencies things they did not want to hear.  In this briefing, Bookbinder will address the current complexities of carbon policy based upon his extensive experience in environmental law.

Oil, Gas Forum Set – US Energy Stream will hold a Washington Oil & Gas Forum on June 8th and 9th at the Cosmos Club in DC.  More on this as it gets closer, but you can go here:

RFF Wall Street Meeting Set for NYC – REFF-Wall Street 2016 will be held on June 11th and 12th at The Grand Hyatt, New York.  REFF-Wall Street is the premier renewable energy financing event in the U.S. The event draws an especially senior audience, comprising of over 600 decision makers, lenders, investors, investment bankers, private equity investors, venture capitalists, and other top transactional professionals in renewable energy finance.