Energy Update: Week of 1/22

Energy Update - January 22, 2018


Thanks for all the great birthday wishes last week. I’m truly thankful to have so many of you take time from your busy days to wish me well. It is very much appreciated. Special thanks to Stacey, Olivia, Adam and Hannah — as well as my Bracewell colleagues — for making the day extra special. Looking forward to moving through year 50 with gusto!!!

Today, we are overrun by the government shutdown, but it looks like things may be heading towards resolution at least until February 8th with the Senate vote that just occurred.  Still unclear how this will finally play out, but we will continue to follow closely.  Already impacted are DOE and EPA travel, potential focus on the impending solar tariff decisions and the President’s visit to Davos.  AP has a good primer on the overall impacts of the agencies affected.

Despite losing some DOE folks to the shutdown this morning, AHRI’s Expo starts rolls out today in Chicago, while the Washington Auto Show – the industry’s public policy show – starts in earnest Wednesday with events, including two separate Senate Field hearings, through the remainder of the week.  Our friends at SAFE are again on point and you can reach them through Bridget Bartol.  Speakers include EPA’s Scott Pruitt, MI Gov. Rick Snyder, Rep Debbie Dingell and many others.

Speaking of solar and that impending decision which may happen soon, the Heritage Foundation wrote a new blog on the solar tariff issues today and will hold a forum tomorrow at Noon at Heritage.  The blog post says Trump should pull the plug on solar tariffs for three reasons: Innovation, Competitiveness and a Health Job Market.  The event will feature conservative experts like Heritage’s Tori Whiting and R Street’s Clark Parkard, LG’s John Taylor and ETAC’s Paul Nathanson. ETAC is a group of contractors, retailers and utilities that will be impacted by higher tariffs.  And BTW, ETAC sent a letter to President Trump Friday to remind him and his trade team that this issue is an important issue to people who are end users of the solar industry while underscoring that many solar manufacturers who are facing challenges are not facing them because of imports.

Good news here at Bracewell: In addition to the great folks we’ve hired over the last year (former AGA attorney Christine Wyman, former Senate EPW staffer Anna Burhop & tax expert Liam Donovan), our friend Stoney Burke is joining the Policy Resolution Group team.  Burke is a former CoS to TX Rep. Will Hurd and prior to that worked for Southern Company and Rep Chet Edwards.  More on this later…

Patriots – Eagles in two weeks for Super Bowl LII.  Winter Olympics in 3.  And remember, NHL all-stars hit the ice in Tampa this weekend, as well as the NFL’s Pro Bowl playing in Orlando next Sunday (with activities all week).

Call with questions.  Best,


Frank Maisano

(202) 828-5864

  1. (202) 997-5932




“Trump has spoken unapologetically about unleashing the competitiveness of the entire energy sector. The best way to get there is to remove barriers, rather than create them. ”

Heritage Foundation Trade expert Katie Tubb writing about the impending solar tariff decision expected from the White House. 


“Absent RINs, we’re competitive with anyone in the world.”

PES CEO Gregory Gatta said in telephone interview Monday.



ETAC Letter Offers Evidence of Impacts of Imports – The Energy Trade Action Coalition (ETAC) sent a letter to President Trump Friday.  The effort was another attempt to remind the Administration and President Trump that this issue is an important issue to people who are end users of the solar industry.  It also underscores that many solar manufacturers who are facing challenges are not facing them because of imports.  The letter says only 3 companies have failed due to imports, while more than 40 have failed because of manufacturing or management failures and include a series of charts that provide the evidence.

Heritage Says Trade Case Need Plug Pulled – In a blog post from yesterday, the Heritage Foundation’s trade expert says President Trump should pull the plug on solar tariffs for three reasons: Innovation, Competitiveness and a Healthy Job Market.  Heritage’s Katie Tubb said there is almost no better way to fossilize an industry than by guaranteeing prices and knocking out the competitors of a select few companies. The only innovation that this spurs is creative ways to lobby the government for new ways to interfere in energy markets. Such intervention would also punish competitive American solar companies in order to keep two failing ones afloat. Refusing new tariffs on solar imports allows the best parts of the solar industry to rise to the top.  Tubb adds Trump should protect competition, not specific competitors. The solar industry in America can provide customers the best, most affordable service to Americans when it is able to access components from the most competitive companies around the globe.  Finally, Tubb adds that there will be negative implications for the rest of the industry and the indirect jobs it creates if the administration bends over backward to shore up two failing companies.

Refiner Reported to File For Bankruptcy – Philadelphia Energy Solutions LLC, the owner of the largest U.S. East Coast oil refining complex, announced to its employees on Sunday that it plans to file for Chapter 11 bankruptcy, as reported by Reuters.  Part of the refiner’s financial troubles stem from a costly biofuels law called the Renewable Fuels Standard, which is administered by the Environmental Protection Agency and requires refiners to blend biofuels into the nation’s fuel supply every year, or buy credits from those who do.  Since 2012, Philadelphia Energy Solutions has spent more than $800 million on credits to comply with the law, making it the refiner’s biggest expense after the purchase of crude.

Coalition Says “This is What We’ve Been Warning About’ – The Fueling American Jobs Coalition, a group that includes Steelworkers, small retailers and refiners, including Holly Frontier, PBF, Delta, Valero and others said “what we’re seeing happen at PES is exactly what we’ve been warning about for many months.” The group says the RFS program forces many independent refiners to pay sky-high prices for compliance credits that they simply cannot earn themselves. “Refiners are captive buyers in the lucrative market for these RINs. Those who profit in this situation—Wall Street speculators, large integrated oil companies and large fuel retailers—consistently oppose reasonable changes to the RFS that would diminish their profit stream, even if those profits come at the price of economic pain for refiners and their workers.”  The Coalition said President Trump understands the “havoc” that poorly-designed Washington regulations can wreak on the real economy. “PES is experiencing that pain right before our eyes, and others will follow. Hard-working manufacturing workers in Pennsylvania refineries and elsewhere voted for President Trump with the understanding that he would stand up to special interests and fight for their jobs.”  The group continues to call for the President to “broker a deal among all stakeholders that will help put an end to the crisis that high RINs prices have created for the U.S. refining sector.”

Sen Toomey Calls RFS Job-Killer –U.S. Senator Pat Toomey (Pa.) responded to the news that Philadelphia Energy Solutions is filing for bankruptcy protection by saying the filing is a result of the “counterproductive, job-killing, EPA-imposed Renewable Fuel Standard (RFS) that requires an excessive amount of biofuel be blended into the nation’s fuel supply.”  He added while he is pleased PES is able to remain operational during this process and retain its workforce for now, “the mechanism for enforcing the RFS is the primary cause for this bankruptcy filing and it must be fixed. I’ve had extensive conversations with PES management, senior EPA officials, my Senate colleagues, and directly with President Trump in an effort to resolve this situation. I will remain engaged until we find an acceptable solution.”


BPC to Focus on Infrastructure – The Bipartisan Policy Center launched the BPC Infrastructure Lab and “3I” Series—Infrastructure Ideas and Innovations this morning. This new effort is aimed at providing policymakers with fact-based evidence that can shape strategies for restoring America’s infrastructure.  State and local governments across the country are struggling just to repair and maintain their infrastructure systems, let alone expand or upgrade these systems with the latest and greatest technologies. As such, the lab’s first event presents leading public-sector efforts to embed asset management concepts into municipal government practices. In the spotlight: the District of Columbia’s comprehensive asset inventory, which includes 96 percent of all assets owned, a tally of accrued deferred maintenance, and an action plan to improve the District’s infrastructure.

HVAC Expo Set – The International Air-Conditioning, Heating, Refrigerating Exposition (AHR Expo) opens today in Chicago.  The event started 86 years ago as a heating and ventilation show and is the largest HVAC event of the year for the industry.  The 2018 Show hosts more than 2,000 exhibitors and attracting crowds of 65,000 industry professionals from every state in America and 165 countries worldwide.  The Show provides a unique forum for the entire HVACR industry to come together and share new products, technologies, and ideas.  The AHR Expo is co-sponsored by ASHRAE and AHRI, and is held concurrently with ASHRAE’s Winter Conference.

WCEE to Look at 2018 Agenda – The Women’s Council on Energy and the Environment (WCEE) holds its  6th Annual WCEE Lunch & Learn Brainstorming Event tomorrow at Noon kicking off its Lunch & Learn planning, as well as deciding what topics to cover in 2018.

CSIS to Host Canada Energy Discussion – The CSIS Energy and National Security Program will host a presentation tomorrow at 9:30 a.m. featuring the National Energy Board’s (NEB) Canada’s Energy Future 2017: Energy Supply and Demand Projections to 2040. This report, part of NEB’s annual Energy Future series, features long-term projections of Canadian energy supply and demand.  The 2017 edition examines how recent energy developments, especially in climate policy, have affected Canada’s energy outlook. The study also includes additional scenarios focusing on long-term climate policy and technology trends. Similar in structure to the U.S. Energy Information Administration’s Annual Energy Outlook, the report is the only public, long-term Canadian energy outlook that includes all energy commodities in all provinces and territories.

Senate to Look at NE Storm Impacts – The Senate Energy Committee will convene an oversight hearing tomorrow to examine the performance of the electric power system in the Northeast and mid-Atlantic during recent winter weather events, including the bomb cyclone. Witnesses include FERC Chair Kevin McIntyre, Chairman, DOE Office of Electricity Delivery and Energy Reliability head Bruce Walker, , North American Electric Reliability Corporation Interim CEO Charles Berardesco, Allison Clement of Goodgrid, PJM CEO Andrew Ott and New England ISO head Gordon van Welie.

Heritage to Look at Solar Trade Case – Heritage will hold a forum on solar tariff issues on tomorrow at Noon.  The event will feature conservative experts like Heritage’s Tori Whiting and R Street’s Clark Parkard, LG’s John Taylor and ETAC’s Paul Nathanson. ETAC is a group of contractors, retailers and utilities that will be impacted by higher tariffs.

RFF, Stanford to Hosts Cal Climate Discussion – The Stanford Woods Institute for the Environment and Resources for the Future will host a forum tomorrow at 12:00 p.m. at the National Press Club, ton insights into California’s commitment to tackling climate change and protecting its natural environment.  Panelists will discuss the process for crafting and building support for the climate law and its impacts on industry as well as lessons to be drawn for similar efforts. The panel will feature Pacific Gas and Electric’s Kit Batten, RFF’s Dallas Burtraw and Stanford’s Michael Wara.

WCEE to Hold Planning Session – The Women’s Council on Energy and the Environment is holding its “Come Dream with Us!” Lunch & Learn planning session tomorrow at Noon.  WCEE uses the event to decide what topics to cover in 2018.

Pruitt, Snyder, Others Headline Washington Auto Show – The Washington Auto Show launches tomorrow and runs through February 4th.  The Washington Auto Show is the Public Policy Show, where the auto industry intersects with the government officials who write and enforce the laws and rules that affect the field. This coming year, one of the focuses of the show will be on connected and autonomous vehicle technology, and the ways pending legislation could impact its development.  Major speakers include EPA Administrator Scott Pruitt, Sen. Gary Peters, Michigan Gov. Rick Snyder, and many others, including representatives from the U.K., South Korea, Japan, China, and the U.A.E. Press Day is Thursday and will feature a sneak peek of the more than 600 cars on the floor of the consumer show. SAFE’s Joe Ryan will be on a SAE panel and autonomous vehicle expert Amitai Bin-nun on will present on policy day panel.

Thune to Hold Auto Innovation Policy Hearing – Speaking of the auto policy, on policy day Wednesday at the Walter Washington Convention Center, Sen. John Thune, chair of the Senate Committee on Commerce, Science, and Transportation, will convene a field hearing on automotive innovation and Federal policies.  The hearing will examine self-driving and other auto technologies as well as issues on the horizon for lawmakers and regulators. Days after the hearing, the convention center will open its doors for an industry-wide auto showcase event.  Witnesses include Florida Tech President Randy Avent, Zoox CEO Tim Kentley-Klay, Intel CEO Brian Krzanich, Mike Mansuetti of Bosch North America and Audi Mobility U.S. President Luke Schneider.

Trump to Head to World Economic Forum – The 48th annual World Economic Forum will be held Wednesday through Friday in Davos, Switzerland.  The Forum engages the foremost political, business and other leaders of society to shape global, regional and industry agendas.  Trump is likely to discuss his recent efforts to impact trade.

Senate Energy Heads to Washington Auto Show for Hearing – The Senate Energy Committee also holds a field hearing at the Washington Auto Show on Thursday at 10:00 a.m. in the West Salon Room of the Washington Convention Center.  The hearing will look at energy innovation in automotive technologies and examine the opportunities and challenges facing vehicle technologies, especially energy-relevant technologies.

Forum to Look at Future Mobility – At the 2018 Washington Auto Show, the Global Energy and Innovation Institute (Ei2) will host a lively discussion about electric transportation and the future, addressing such questions as: When will we reach the mass adoption “tipping point” for electric vehicles? How will electric + shared mobility impact community design (roads, charging, commuting)? What new business models will emerge for ownership and fueling?  Panelists include Lyft’s Corey Ershow, David Owens of Xcel Energy, Audi’s Brad Stertz, EVgo’s Marcy Bauer, Dominion’s William Murray and Kevin Miller of ChargePoint.

SEJ to Host Annual Journalists Enviro Guide Forum – On Friday at 3:00 p.m., the Society of Environmental Journalists, George Mason University and the Wilson Center host their annual forum and report: “The Journalists’ Guide to Energy and Environment,” which previews the top stories of 2018, with comments from a roundtable of leading journalists.  For the last five years, SEJ and the Wilson Center have hosted the only annual event in the nation’s capital featuring top journalists offering their predictions for the year ahead on environment and energy. Always streamed live and always standing room only, this event is essential for anyone working to meet the critical energy and environment challenges facing our nation and the world.  Panelists include AP’s Matt Daly, Nirmal Ghosh of the Straits Times, Bloomberg Environment’s Pat Rizzuto, Wellesley alum Val Volcovici of Reuters, E&E News’ Ariel Wittenberg and several others. Marketplace’s Scott Tong moderates.


Senate Energy to Hold Nominee, Vote Hearing – The Senate Energy Committee will hold a business meeting next Tuesday to consider the nominations of Melissa Burnison to be an Assistant Secretary of Energy (Congressional and Intergovernmental Affairs), Susan Combs to be an Assistant Secretary of the Interior, Ryan Douglas Nelson to be Solicitor of the Department of the Interior, Anne Marie White to be an Assistant Secretary of Energy (Environmental Management). Following the vote, it will hold an oversight hearing to examine the role of the Geological Survey and the Forest Service in preparing for and responding to natural hazard events, as well as the current status of mapping and monitoring systems.

WRI to Discuss Energy Access, Policy Innovation – Next Tuesday at 12:30 p.m., the World Resources Institute will host leading experts from around the world for a discussion on the political economy of energy access and innovative policy solutions.  Together, they will profile innovative reforms that policymakers around the world can adopt to accelerate progress on achieving Sustainable Development Goal 7.

State of the Union – President Trump addresses Congress at 9:00 p.m. on Tuesday January 30th.

Pruitt to Head to Senate Environment – The Senate Environment and Public Works Committee said EPA Administrator Scott Pruitt will appear before the Committee on Jan. 31st making his first return to the panel nearly a year after his confirmation.

FERC Commissioner Headlines Power Conference – The 31st annual Power and Gas M&A Symposium will be held in New York at the Grand Hyatt Midtown on January 31st and February 1st. The event is an executive conference from S&P Global Market Intelligence that brings utilities, power generators, renewables, and Wall Street together to set the tone for strategic decisions for the year.  FERC Commissioner Neil Chatterjee, my Bracewell colleague Scott Segal and EEI Head Tom Kuhn will all speak, among others.

Yergin to Discuss 2018 Outlook – On Wednesday, January 31st at 9:00 a.m., IHS Markit hosts a webinar conversation with Dr. Daniel Yergin, IHS Markit Vice Chairman, to discuss the critical issues facing the energy industry in 2018.  While the mood in the industry is upbeat, the energy industry is in the midst of a major transformation driven by geopolitical, economic and environmental forces.  In this webinar, Yergin will preview some of the major themes that will be discussed at our CERAWeek 2018.

Forum to Look at Climate Path Forward – The Goethe-Institut of Washington and the Sustainability Collaborative of The George Washington University will host an evening of reflections on Wednesday January 31st focused on the climate meetings in Paris and Bonn, the next steps forward, and the role of college students in taking those steps.

Hudson Forum to Look at HFC Issues – The Hudson Institute will hold a forum on February 5th to discuss the current status of HFC issues and the Kigali Treaty.

NASEO 2018 Energy Policy Outlook Conference Set – On February 6-9th at The Fairmont in Washington, DC, the National Association of State Energy Officials (NASEO) will hold its 2018 Energy Policy Outlook conference.  This conference presents the work of NASEO’s members, the 56 governor designated State and Territory Energy Offices. The conference will feature a wide array of federal and private sector partners that state-level energy offices work with on a day-to-day basis, such as Federal and congressional offices; state and local planners, developers, and regulators working in energy, housing, transportation, climate, and resilience; grid operators and transmission organizations; and businesses and investors interested in clean energy economic development.  Our friends Lisa Jacobson of the Business Council for Sustainable Energy and Schneider Electric’s Anna Pavlova will be among the presenters.

BCSE to Release Annual Sustainability Report – In early February, the Business Council for Sustainable Energy and Bloomberg New Energy Finance will release their annual Sustainable Energy in America Factbook.  More on this soon…

National Ethanol Conference Set – The Renewable Fuels Association holds its 23rd annual National Ethanol Conference on February 12-14 in San Antonio.  Former Presidential Advisor Mary Matalin and veteran Democratic Political Strategist Donna Brazile are scheduled to speak together at the event on Washington Politics.

EMA To Hold Roundtable – The Emissions Marketing Association will hold roundtable Thursday, February 22nd in Juno Beach, Florida at the offices of NextEra Energy.  The event will include presentations, Q&A, and networking opportunities to allow for dialogue among the attendees.

CERAWEEK Set for Houston CERAWEEK’s 2018 conference will be held in Houston from March 5-9th at the Hilton Americas.  Speakers this year include OPEC SG Mohammad Barkindo, GM’s Mary Berra, BP’s Bob Dudley, IAE’s Fatih Birol, FERC Commissioner Robert Powelson, Alaska Sen. Dan Sullivan, Exelon’s Chris Crane, Energy Transfer’s Kelsey Warren, Paul Spencer of the Clean Energy Collective, Sunnova’s John Berger, and many, many more.

ACORE Renewable Policy Forum Set for Cap Hill – The annual 2018 ACORE Renewable Energy Policy Forum will be held on Capitol Hill on March 14th.  The ACORE National Renewable Energy Policy Forum is the only pan-technology renewable energy policy summit to address federal and state policy. This signature conference brings together industry leaders and policymakers to discuss energy and tax policy, debate pressing issues in the changing electricity marketplace, and identify priorities for Congress, the states, and relevant agencies.