Friends,

This has been a very exciting weekend with the Inauguration on Friday, the Women’s Marches across the nation on Saturday and Super Bowl LI’s lineup getting finalized Sunday, which set for Houston in two weeks.  Also the 33rd Sundance Festival opens up this week featuring Al Gore’s climate sequel and several other climate-related movies.

The new Administration started with a bang Friday with a memo from new White House CoS Reince Priebus holding all regulations.  The Washington Post had a great article by Chris Mooney over the weekend highlighted potential challenges in the memo.  Mooney looked at several DOE regs that were either finished or close to be finished to see how the rules will be impacted.  Our friends at AHRI (703-600-0355, fdietz@ahrinet.org) and former DOE Counsel Salo Zelermyer (202-828-1718, salo.zelermyer@bracewelllaw.com) are watching DOE actions closely.

Today, we are likely to see a blast of executive action.  Already, we saw the web page change of the Obama Climate approach which led to several stories.  Our friend Mark Drajem of Bloomberg and I have come to the same conclusion: Unless you’ve been living under a rock for the past 18 months, it should be obvious that the Trump administration takes a different view on climate change to the Obama team.  (And BTW, the Obama pages have been just moved to the archives.) As for actions, there seems to be a lot of interest in a transition memo that was reported by Axios today.  While it is interesting, just like the budget memo rolled out from Heritage/Republican Study Committee last week, I would encourage all of you to be careful chasing these items before Pruitt lands at the agency.  We are looking for focus on the White House Climate Action Plan, a pullback on CEQ climate guidance on NEPA and readjustment of the Social Cost of Carbon as immediate potential actions.  We are happy to help provide insights, information and resources.

We also know he is moving on trade issues including NAFTA and TPP.  My colleague Josh Zive (202-828-5838, josh.zive@bracewelllaw.com) is one of the best trade policy lawyers in DC and is happy to give you background information, perspective and even on-the-record comments.

On the Hill, we also expect more action on the nominations for EPA, State, Energy and Interior.  At 4:30 p.m. the Senate Foreign Relations Committee will meet to discuss the Tillerson nomination to be Secretary of State which seems to be assured now that Sens. Rubio, McCain and Graham will support him.  Senate Energy Chair Murkowski suggested hotlining the Zinke and Perry nominations so they can get floor votes early this week.  As for EPA, nominee Scott Pruitt will face opposition but is certain to be approved.  In fact, the most interesting story on the EPA nomination vote is what key Democrats facing tough re-elects in Trump states (Tester – MT, Donnelly – IN, Heitkamp – ND McCaskill – MO) will do.  Manchin is already supporting Pruitt.

As for events this week, on Thursday, my Bracewell colleague Jeff Holmstead joins other tax experts at the American Enterprise Institute to discuss the viability of carbon tax.  Other events include the Washington Auto Show Policy Days on Wednesday and Thursday, while Friday a CSIS holds an event that presents IEA’s Global Gas Security Review.

Finally, two events to put on your radar screen for early February besides the Grammys and Super Bowl LI.  On February 3 and 4, the Society of Environmental Journalists (SEJ) will hold events in Washington focused on the 2017 Environmental/Energy agenda and covering the Trump Administration.  Finally, on February 8th, the Business Council for Sustainable Energy and Bloomberg New Energy Finance will release its 2017 Sustainable Energy Factbook.  Mark your calendars and stay tuned here.

 

Best,

Frank Maisano

(202) 828-5864

(202) 997-5932

 

FRANKLY SPOKEN

“it is clear that self-driving cars will make it possible for millions more Americans to have better access to healthcare, live more independently and achieve greater economic self-sufficiency.”

Henry Claypool, Policy Director at the disability advocacy group Community Living Policy Center at the University of California, San Francisco

 

IN THE NEWS

New CoS Memo Slows Regs – White House Chief of Staff Reince Preibus released a memo on Friday to all executive departments and agencies to freeze new or pending regulations — giving the new administration time to review them.  The action is a fairly standard move for a new administration taking over from the other party. It effectively halts any lingering policies from the Obama administration before they can be finalized.  For any regulations that have yet to be sent for publishing in the Federal Register, the memo asks the agency to not send any regulation to the Federal Register until reviewed by someone selected by the President.  For those that have been sent but not published, the White House ordered the regulations withdrawn. For regulations that have been published but have not reached their effective date, the memo instructs those regulations to be delayed for 60 days for review — with a potential that a new notice for reopening the regulation could occur.  The memo makes an exception for “critical health, safety, financial, or national security matters,” and asks agencies to identify any regulations that can’t be delayed for other reasons.

AHRI Sees Benefits, Concerns with Memo – A great article by Chris Mooney in the Washington Post over the weekend highlighted potential challenges in the memo.  Mooney looked at several DOE regs that were either finished or close to be finished to see how the rules will be impacted.  AHRI, who worked on both the walk-in coolers and freezers (WICF) rule and its accompanying test procedure rule and the commercial boiler rule, were recently submitted for publication, but delayed under the 45-day review rule.  The memo would appear to force the withdrawal and review of the rule by new personnel at DOE.  AHRI President Steve Yurek said the action provides an opportunity discuss with the new DOE staff the various processes by which energy efficiency rules are developed.  “The walk-in coolers and freezers rule was negotiated and its provisions were agreed to by all stakeholders, including AHRI.  The rule establishing the test procedure for WICFs, however, was not negotiated, and neither was the commercial boiler rule — both were developed with minimal interaction with stakeholders.  Consequently, we have many concerns about those two rules and will likely be seeking significant changes if and when they are redeveloped,” Yurek said.  This moratorium does not mean these and other rules will never be issued, only that they will be delayed for review and potential alteration. But Yurek said that, “Under the law, DOE is only required to review these and other rules, not make changes to them.  It is entirely possible that this administration will choose to merely leave current efficiency levels in place for some products,” he said.

Propane Rule Creates Burden – On the first working day of the Trump Administration, a rule imposed by the U.S. Department of Transportation (DOT) during the Obama Administration is set to impose $125 million in new costs on propane consumers.  To date, NPGA’s petition for an emergency stay to protect the industry and propane consumers has gone unanswered.  Today, approximately 5 million propane cylinders, including many that are used for home heating, forklifts, and even grill cylinders, are out of compliance with DOT regulations.  In 2016, the Pipeline and Hazardous Materials Administration (PHMSA) made a major change to a decades-old regulation that, without explanation or justification, reduces the time propane marketers have to initially requalify a propane cylinder from 12 years to 10 years.  This action is an unlawful violation of the Administrative Procedure Act (APA). The APA requires that affected parties have an opportunity to comment on any changes that might create new obligations for stakeholders.  DOT misled the propane industry in the initial notice of proposed rulemaking saying, “Costs associated with the rule are estimated to be negligible annually…. [T]hese requirements would not impose new requirements on current non-holders of SPs [special permits].”  In the rule PHMSA cites the number of affected business at 50.  The reality is this rule affects thousands of companies, starting with approximately 3,000 propane marketers.  In addition to the significant financial burden, this regulation will cause small business owners to choose between delivering fuel to more than 5 million homes that rely on propane for winter heating or keeping staff at the business to comply with this rule.

SAFE Report Says AVs will Help Those with Disabilities – A white paper commissioned by the Ruderman Family Foundation and Securing America’s Future Energy (SAFE) has revealed that an astonishing two million employment opportunities could be opened and $19 billion in annual healthcare expenditures could be saved if people with disabilities had access to the basic transportation needs that could be provided by autonomous vehicles. The paper, titled The Ruderman White Paper on Self-Driving Car Technologies: The Impact on People with Disabilities, also encourages a greater dialogue surrounding the potential benefits that these emerging transportation technologies can offer to people with disabilities. Despite those with disabilities representing nearly 20% of the U.S. population, the most recent government transport survey indicated that six million individuals with a disability have difficulty accessing the transportation they need. The transportation sector is one of the largest industries in the United States, interacting with nearly every facet of the economy, however this system still remains off-limits to many in the disability community, leading to much lower rates of employment, health care, and income. The report, co-authored by Henry Claypool, Policy Director at the Community Living Policy Center at the University of California, San Francisco, Amitai Bin-Nun, Director of the Autonomous Vehicle Initiative at SAFE and Jeff Gerlach, Senior Policy Analyst at SAFE, calls on an urgent need to develop a common agenda at the intersection between autonomous vehicles and disability policy, requiring broad political organization, and eventually action, in order to make progress and ensure the voices of individuals with disabilities is heard.  The report’s authors also noted a legal commitment to be upheld as autonomous vehicles are developed. The Americans with Disabilities Act (ADA) states that if a private company offers such transportation services, equal access to public accommodations must be made to provide the same services to people with disabilities as those without.

Cramer Bipartisan commission to Limit OPEC – U.S. House of Representatives members Kevin Cramer (R-ND), Trent Franks (R-Ariz.), Collin Peterson (D-Minn.) and David Scott (D-Ga.) introduced legislation to establish a one-year commission to better understand the role of OPEC, its member nations, and other national oil companies (NOCs) in contributing to an unfree global oil market. OPEC, whose member nations along with other NOCs control 90% of the world’s proven crude oil reserves, have the ability to exercise outsized influence over global oil supply, and therefore prices, to the detriment of non-members like the United States. The full text of H.R. 545 is available here.  OPEC’s decision in late 2016 to interrupt the low oil price environment by freezing crude production was reached after two years of the cartel maintaining record levels of production to consolidate market share. That policy placed significant strain on U.S. producers and the global economy, delaying nearly $400 billion in investment in future production capacity, causing thousands of domestic job losses and setting the stage for higher prices in the future. Unable to meet their fiscal obligations with declining oil revenues, major exporters are instead burning through billions in accumulated foreign reserves to maintain their social and defense spending, with the potential of amplifying already growing geopolitical unrest in the world’s most unstable regions. OPEC’s strong influence over the oil market translates to severe economic vulnerability for the United States, which depends on petroleum fuels for more than a third of its primary energy demand and for 92% of the energy used by the transportation sector. This singular dependence on oil, a resource whose price is frequently volatile and unpredictable, threatens the American economy with the specter of price spikes and undermines the nation’s ability to conduct effective foreign policy, including military action, in its own interest.

AHRI Announces HVAC Scholarships – The Clifford H. “Ted” Rees, Jr. Scholarship Foundation, a 501(c)(3) charitable foundation of the Air-Conditioning, Heating, and Refrigeration Institute (AHRI), and the Air Conditioning Contractors of America (ACCA), announced scholarship awards totaling $55,000 to 35 students, including six veterans, studying to become technicians in the HVACR and water heating industry.  Each year, the Foundation provides aid to an increasing number of recipients, helping to promote careers in the industry and fill good-paying jobs that cannot be outsourced.

 

ON THE SCHEDULE THIS WEEK

Smart Cities Conference Set – The Smart Cities International Symposium, will be held tomorrow and Wednesday in Chicago.  The conference examines the latest technology advances and business models for the 21st Century connected city.

Defense Energy Forum Set – Today through Wednesday, the Institute for Defense and Government Advancement holds its Operational Energy Summit, with the theme “Enabling Global Power Projection at the Sheraton Pentagon City.

Mexican Energy Official to Address Challenges –Tomorrow at 11:00 a.m., the Carnegie Endowment for International Peace holds a forum looking at Mexico’s energy reforms.  Mexico’s National Hydrocarbons Commission (CNH) has faced myriad challenges and opportunities since its first open licensing rounds in 2015. What can an independent regulatory agency achieve in a country that just opened its petroleum industry to private investments? Join the Carnegie Endowment for International Peace and the Natural Resource Governance Institute (NRGI) for a discussion with experts on global resource transparency. CNH’s Juan Carlos Zepeda will deliver a keynote, and Carnegie’s Deborah Gordon will moderate the discussion.

Washington Auto Show Set – The Washington Auto Show will be held starting Friday to February 7th at the Walter E. Washington Convention Center.  As the “Public Policy Show” on the auto show circuit, the 10-day public show is preceded by two Public Policy Preview Days of special events and announcements for officials in government, industry and the media on Wednesday and Thursday.  The events of the Wednesday will be on Capitol Hill in the Kennedy Caucus Room. Speakers will include Michigan Senator Gary Peters and Rep Debbie Dingell, Our friend Joe White of Reuters and GMU’s Adam Thierer and the Chamber’s Matt Duggan. The Washington Auto Show is also the largest public show in Washington, D.C. Over the course of its many years this beloved and historic D.C. tradition has attracted Washingtonians of all stripes – and political affiliations. Along with the engineering prowess on display among the more than 600 new models from over 35 manufacturers, the 2017 show will feature VIP tours led by award-winning automotive writers and a special exhibit area for live painting of “art” cars.

SAE to Host Forum at Auto Show – SAE International holds its 2017 Government/Industry Forum in conjunction with the Washington Auto Show on “how technology, regulations and legislation affects the design of light and heavy duty vehicles.

Energy Expert to Address NCAC Dinner – The National Capital Chapter of the US Energy Economists will hold its annual dinner on Wednesday evening at Clyde’s Gallery Place.  The guest of honor and speaker is energy expert Amy Myers Jaffe.

WCEE Forum to Look at Solar Integration – The Women’s Council on Energy and the Environment (WCEE) will hold a forum Wednesday on solar Integration.  In the past six years, U.S. photovoltaic capacity has expanded rapidly.  The FTC also recently held a public workshop and invited comments on this issue, including a discussion of “competition among solar directed generation or DG firms, between solar DG firms and regulated utilities, and between solar generation and other power generation technologies.” The discussion will address what role competition law may have in the market for the generation and distribution of electric power. We will consider both federal and state/local regulation, and consider arguments presented by advocates on either side of the issue.  Robert Ivanauskas of FERC’s Office of Energy Infrastructure and Security will address what role competition law may have in the market for the generation and distribution of electric power. We will consider both federal and state/local regulation, and consider arguments presented by advocates on either side of the issue.

USEA to Look at ND’s Carbon Management – The US Energy Assn will hold a forum on Wednesday at 2:00 p.m. to discuss carbon management issues in North Dakota.   The University of North Dakota’s Energy & Environmental Research Center (EERC) is internationally recognized for its expertise in fossil energy research, and North Dakota’s state government and industry are interested in private / public partnerships in research that will allow the state to continue to develop and use its natural resources in an environmentally responsible manner.  EERC’s John Harju and Bill Sawyer from ALLETE Clean Energy will discuss new and exciting activities in North Dakota that are examining an integrated energy and carbon solution platform. The goal is to demonstrate that the electric utility industry, both regionally and nationally, can utilize our nation’s most abundant fuel while providing the foundation for the beneficial use of the CO2 produced, and do so in a cost-effective and environmentally sound manner.

AEI to Host Carbon Tax Discussion – AEI will host a panel discussion on carbon taxes on Thursday at 9:00 a.m. looking at whether the standard “efficiency” arguments offered by some conservatives in favor of a carbon tax make any sense at all given the various incentives of Congress and the bureaucracy.  Participants will include my colleague Jeff Holmstead, Heritage’s David Kreutzer, AEI’s Aparna Mathur, Roger Sant of the Summit Foundation RFF’s Roberton Williams, Resources for the Future; University of Maryland and AEI’s Benjamin Zycher.

Forum to Look at NatGas Diplomacy Strategy – The Energy Diplomacy Initiative (EDI), as part of the Atlantic Council’s Global Energy Center, will hold a forum on Thursday at 9:00 a.m. featuring a discussion with conversation with former FERC Commissioner Suedeen Kelly on her recommendations for the US administration on the role of natural gas, energy policies, and impacts on international diplomacy.

CSIS to Present IEA Gas Security Review – On Friday at 10:00 a.m., the CSIS Energy & National Security Program will host Costanza Jacazio, Senior Gas Expert at the International Energy Agency (IEA), to present the IEA’s Global Gas Security Review. Providing more transparency for LNG markets, the report assesses the degree of flexibility the global gas markets can provide in the wake of a demand or supply shock. Among other issues, the report seeks to address how much slack there is in the global gas system and the flexibility of LNG markets in practice.

 

IN THE FUTURE

Former Sect of State to Address Smart Women Forum – On Monday, January 30th at 5:30 p.m., CSIS will host a Smart Women, Smart Power Initiative conversation with former Secretary of State Madeleine Albright (WELLESLEY Alum) to discuss America’s place in the world.  The event will be moderated by Nina Easton, chair of  Fortune’s Most Powerful Women International.

CSIS Forum to Look at Deep Decarbonization – The CSIS Energy & National Security Program will host a forum on Tuesday January 31st looking at deep decarbonization scenarios.  Speakers Jeremy Bentham, Global Head of Strategy at Royal Dutch Shell; Philippe Benoit, former head of the Energy Environment Division at the International Energy Agency and current Senior Associate (Non-resident) with the Energy & National Security Program; and Noah Kaufman, Climate Economist at the World Resources Institute, will hold a discussion on the topic. Bentham will present Shell’s new Pathways to Net-Zero Emissions. The report explores possible ways in which the world’s energy system could evolve to meet future demand while simultaneously mitigating climate change. Benoit, formerly of IEA, will discuss the IEA’s 450 Scenario, a 2°C scenario in which concentration of greenhouse gas emissions are limited to 450 parts per million CO2. Kaufman will round out the discussion with a comparison of the Mid Century Strategies, prepared for the Marrakech climate talks by the Council on Environmental Quality.

USEA Holds State of Industry Forum – The US Energy Assn will holds its 13th annual State of the Energy Industry forum on Tuesday January 31st at the National Press Club Ballroom.  Distinguished leaders from the most influential and active energy trade associations will come together to engage in dialogue and deliver presentations on the issues, trends and challenges affecting the industry for 2017.

Forum to Look at Climate Risks in Latin America – The Inter-American Bank will hold a dialogue seminar on February 1st to look at climate risks in Latin America.  The discussion on these questions will include climate and energy experts.  There will also be a presentation of the Inter-American Development Bank’s new report, “Stranded Assets: a Climate Risk Challenge.”

CSIS to Host BP Energy Outlook – CSIS Energy & National Security Program will host a discussion on Wednesday February 1st at 9:30 a.m. looking at the annual BP Energy Outlook with BP Chief Economist Spencer Dale. The BP Energy Outlook considers a base case, which outlines the “most likely” path for energy demand based on assumptions about future changes in policy, technology, and the economy. Beyond the base case, the Energy Outlook examines some of the key issues that will shape energy supply and demand through 2035 and explores possible alternative outcomes.

WM Host Annual Sustainability Forum – Waste Management will host leaders from global companies, representatives from municipalities across the country, experts, innovators and influencers, on Thursday, February 2nd at their 7th annual Executive Sustainability Forum at the Fairmont Scottsdale Princess in Scottsdale, Ariz. The day-long event will feature renowned speakers and panel discussions on the e-commerce revolution and the conundrum of complex packaging and it launches a great week of golf with the WM Phoenix Open.  In addition, just one week after the presidential inauguration, keynote speakers Dana Perino, former Republican White House Press Secretary and now co-host of The Five on Fox News Channel, and Julie Roginsky, Democratic Party strategist and regular Fox News Channel contributor, will delve into anticipated changes in U.S. environmental policies and the possible implications for businesses and local governments.  An afternoon workshop tackling the emerging dialogue around Sustainable Materials Management and Lifecycle Thinking will facilitate a dynamic results-oriented session around changing goals to reflect broader environmental benefits.

Forum to Tackle 2017 Environ Agenda – On Friday Feb 3rd at 3:00 p.m., SEJ and the Wilson Center hold their annual what to expect in the year in environment session. SEJ will launch its new report, “Journalists’ Guide to Energy and Environment 2017,” presented by SEJ Board President and Climate Central Senior Science Writer Bobby Magill. The presentation will be followed by a panel discussion with AP’s Seth Borenstein, Politico’s Elana Schor, John Siciliano of the Washington Examiner, BNA’s Amena Sayid and several others.

Segal, Others Address Trump, Environment at SEJ Forum – The Society of Environmental Journalists holds a mini-conference Saturday Feb.4 (and perhaps 5) in Washington DC on covering the Trump Administration on environment and energy. Speakers include EPA Transition Chief Myron Ebell, former EPA water chief Tracy Mehan, Bracewell energy expert Scott Segal, former EPA deputy administrator and climate change activist Bob Perciasepe. There will also be an all-star panel of reporters who have covered Donald Trump, Scott Pruitt, Rick Perry and Rex Tillerson.

Annual Sustainable Energy Factbook Set for Release – The Business Council for Sustainable Energy and Bloomberg New Energy Finance will release their annual Sustainable Energy Fact book Feb 6th.  More on this as we get closer.

Transmission Infrastructure Summit Set – The National Electric Transmission Infrastructure Summit will be held on February 9-10th at the Mandarin Oriental Hotel.  The Summit is a one-and-a-half day gathering focused on the challenges and merits of extending, modernizing, and integrating the high-voltage electric transmission system – necessary to enable access to the rich but currently remote resources of renewable energy required for a clean-energy future, while mitigating the cost and variability of those resources.  Speakers will include our friend Jimmy Glotfelty of Clean Line Energy Partners, as well as Southwest Power Pool CEO Nick Brown, National Electric Manufacturers Association CEO Kevin Cosgriff and several others.

CERAWeek Set for Houston – The 36th CERAWeek by IHS Markit will be held on March 6th through 10th in Houston at the Hilton Americas.  CERAWeek is the premier annual international gathering of energy industry leaders, experts, government officials and policymakers, leaders from the technology, financial, and industrial communities – and energy technology innovators. Midst the turbulence and uncertainty in energy markets this year, CERAWeek 2017 will provide new insights and critically-important dialogue – and a very cost efficient way to engage on the most urgent questions with decision-makers from around the world.  A laundry list of other key energy speakers/CEOs will speak.  See the list here.

Southern NextEra Execs Address Transmission Summit – The 20th Transmission Summit will be held March 6-8th at the Mayflower Hotel in Washington, DC.  The event brings together policy makers with transmission industry leaders to develop strategies that will take advantage of opportunities created by emerging policy, regulatory and technological changes.  Topics will include post-election policy shifts and potential new opportunities for transmission infrastructure investment, dealing with the impacts of revisions to FERC’s Order 1000 processes on regional planning and competitive projects, integrating and interconnecting ever more renewable energy assets and using non-transmission alternatives and storage to defer new builds and replace aging infrastructure.  Key speakers include former FERC Chair Joe Kelliher of NextEra, Southern’s Bruce Edelston, and Georgia PSC Commissioner Tim Echols, among others.

GEA to Host DC Meeting – On March 7th, the Geothermal Energy Association (GEA) will hold its International Geothermal Forum in Washington, DC.

Pollution Control Agencies Set Spring Meeting – The Association of Air Pollution Control Agencies’ 2017 Spring Meeting will be held in Tucson, Arizona from March 27 – 29 at the Hilton Tucson East Hotel.  More on this in the future.