FERC Quorum Critical to Advancing President’s Infrastructure Agenda

And then there were two. The abrupt resignation of Norman Bay last month left the five-member Federal Energy Regulatory Commission (FERC) with just two members – one shy of the three-commissioner quorum required to vote on major energy policies. FERC has now gone a month without a working quorum and the White House – with 517 nominations out of the 552 requiring Senate confirmation still to name – has been mum about potential candidates for the independent agency responsible for regulating the nation’s wholesale energy markets. It’s conceivable that the new president is unaware of the economic significance of FERC-regulated wires and pipes – which, according to a 2013 report by the Congressional Research Service, carries energy worth $435 billion annually – but the lack of a quorum is still bad news for the nation’s utilities, pipeline companies, and consumers that rely on the agency to provide a stable and predictable regulatory regime. It also poses a potential roadblock to President Trump’s promise to advance a $1 trillion infrastructure plan and revitalize America’s manufacturing sector, perhaps the two most bipartisan items on his agenda. Nearly 100 members of Congress, as well as representatives from the energy, chemical, and manufacturing sectors,…

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A Powerful Check on the Regulatory State

While smart regulations and rules are often necessary to carry out legislation, the role of the federal agencies is not to create new policy but, rather, to implement the policies of the legislature using the power delegated to them by Congress. The CRA was created to ensure that federal bureaucrats don’t forget that we live in country in which laws are created by representatives of the people and enacted through a system with checks and balances.

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Principles for Tax Reform and Regulatory Improvement

As our national leaders move forward with plans to revitalize the U.S. economy, no two issues have more promise to unleash America’s potential than comprehensive tax reform and improvements to the federal regulatory process. On tax reform, our tax code is significantly dated. Taxes, especially on the business side, are too high and unnecessarily complicated. The cumbersome tax system stifles economic growth and restricts our ability to create jobs. That is why the American Council for Capital Formation has developed a broad set of policy recommendations to streamline the tax code to make it simpler, fairer, and more oriented toward the formation of capital. President Trump and the leaders of the 115th Congress have both expressed a commitment to making tax reform a reality, using the momentum of the November elections to galvanize bipartisan support for pro-growth tax policies. The president during his inaugural address restated his support for ensuring that tax policy works to the benefit of American businesses and families. Speaker Paul Ryan and House Ways and Means Committee Chairman Kevin Brady have laid out their own blueprint for reforming the tax code. President Trump’s call for action mirrors many of the features of the House GOP blueprint.…

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Avoid Conflating Renewables and Fossil Fuels in the Subsidies Debate

Here at the American Council for Capital Formation, we have contributed extensive commentary to clarify the definitions of subsidies, deductions, and various tax provisions and their implications on public policy. Often times, we have witnessed progressive public officials, some academics, and even multilateral bodies such as the G-20 and IMF call for the elimination of so-called “fossil fuel subsidies.” These critics have alleged both the U.S. and global fossil fuels industry benefit by subsidies from U.S. and international governments, when the reality couldn’t be further from the truth. Traditional energy producers do not receive subsidies from the United States government – they take tax deductions much like virtually all other manufacturers.

The latest allegation comes from libertarian-leaning Cato Institute in a new analysis released in late December that looked specifically at Department of Energy (DoE) subsidy programs. The analysis’s author correctly pointed out a number of past and current DoE projects where taxpayer dollars have been wasted on mismanaged on ill-conceived projects. They are detailed in nine case studies to substantiate their case to get rid of all subsidies for solar, coal, wind power, and hydrogen fuel programs.

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Two Compelling Charts Show Why It’s Time to End Crude Export Ban

Today’s Wall Street Journal article by Amy Harder states: “Big voices in the oil industry and Congress now support a move that would have been unthinkable not long ago: opening the U.S. oil industry to exports.” The reasons couldn’t be clearer.  Seven years after the end of the recession, U.S. investment remains sluggish: Gross nonresidential fixed investment is only 8 percent above it’s pre-recession level. In addition, investment as a percent of cash flow remains a record low levels, see:   Lifting the ban on crude oil exports from the U.S. would help boost investment and job growth.

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ICYMI: CRS memo asks wrong questions on crude exports and Eastern Europe

CRS has published a memo (May 29, 2015) on oil exports demonstrating the principle that if you ask the wrong question, you may not get the most helpful answer.  The CRS memo looks at ability of Eastern Europe to absorb US crude oil, if policy did not prohibit this.  But the real question is how might Eastern Europe be impacted if US oil exports are allowed – after all, there is a global market for oil so it may not matter WHERE the US oil is actually consumed.  Instead, the impacts for Europe could be transmitted through the global market for oil. While the CRS memo acknowledges that lifting the ban on U.S. crude oil exports would tend to reduce the global price of oil, it seems to overlook the potential beneficial impact on Eastern European countries and refiners. CRS notes that there are various reasons why lifting the U.S. crude oil ban may not result in sales to Eastern European refiners including the fact that their refineries may not be well suited to process U.S. light sweet crude and lack of infrastructure to get it to them. However, CRS seems unclear about the fact that if U.S. crude oil…

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