Lobbyists are amassing on Capitol Hill. Energy
legislation is pending. It's not just any bill. It's one
that will touch every dimension of the sector from the
greenies to the fossil fuel factions to the nuclear
power sector.
High stakes are involved and the people - including
utilities -- have the constitutional right to petition
their government. But, politics is the art of compromise
and the crafting of public policy should therefore be an
inclusive effort. Republicans hold the Executive Branch
while the Democrats control the Legislative Brach - a
situation that necessitates the two sides meet in the
middle if any comprehensive package is going to pass.
Government's job is to ensure the health, safety and
well being of citizens. The interpretation of this
mission can vary within the energy component. Some lead
more toward protection while others emphasize the effect
on energy costs and the implications to the economy as a
whole. And, certainly, industry and opposition groups
attempt to influence the process by lobbying and
providing financial aid to candidates that are
sympathetic to their causes.
Congress, of course, is sensitive to the people's
complaints that it caters to special interests. It has
attempted to quell those gripes by enacting laws that
limit the amount of political contributions, requiring
anyone who professionally lobbies to register and
requiring all entities to clearly detail their efforts.
According to the Center for Responsive Politics, the
electric utility sector spent more than $111 million to
lobby Washington since 1990. That has made it one of the
most generous lobbies in Washington. The top givers
among companies: Southern Co., Pacific Gas & Electric,
Xcel Energy, FPL Group and TXU Corp. The Edison Electric
Institute that represents investor-owned utilities also
gives a big chunk, as does the National Rural Electric
Cooperative Association and lobbyists representing
nuclear interest.
Some tough issues are on the table. Oil and natural
gas companies want greater drilling rights. Renewable
energy groups want utilities to provide more green
options. Coal interests want more federal support if the
industry is to provide cleaner and more versatile
options. Environmental groups want the auto sector to
make cars that get more miles per gallon. Industrial
associations want new laws to keep carbon dioxide off
the list of pollutants regulated under the Clean Air
Act. The list goes on. "This is going to be the mother
of all bills," says former Democratic Senator John
Breaux, who is now a lobbyist for a private equity
group. In a previously published news report, he went to
say that, "By that I mean, any one portion of it is
important enough to affect completion of the whole
bill."
Big Money
Corporate America has the upper hand. But, if federal
assistance is involved, the various factions are all
competing for a bigger slice of the pie. Grassroots
organizations, meantime, are also making their
sentiments well known. Altogether, special interests
lobbied the Hill last year to the tune of nearly $2.6
billion, says CQ Moneyline. That's up 10 percent from
the year before. And 2007 promises to be an even more
robust year.
In one of the Democratic presidential debates, a
question arose over the role of lobbyists. One of the
contestants asserted that the average American does not
have professionally groomed teams roaming the halls of
Congress to pitch lawmakers whereas another responded
that lobbyists represent real people with legitimate
concerns. Both are valid points. But the real query is
the extent to which the level of influence alters the
balance of power and to which it might be construed as
corrupting.
To deal with the criticism, the House and Senate have
each passed separate measures that try to make the
process a little fairer. Both would require interest
groups to disclose exactly the level of fundraising that
they are doing for individual candidates. The Senate,
meantime, has voted to extend the waiting period before
its brethren could lobby the Hill from one to two years.
And, each body is considering provisions that would
force lawmakers to publicly highlight the earmarks
within bills to avoid "surreptitious" - and often
self-serving -- benefits.
"They've started to drain the swamp .," said Bob
Edgar, the new president of Common Cause. "But there's
still a lot of work to do to prove that this Congress is
serious about cleaning up Washington."
But let's be clear: A huge difference exists between
trying to educate policymakers on an industry's position
versus being seen as trying to buy them off. Both are
big targets. History has proven, however, that favoring
one small constituency to the detriment of the greater
good is a formula for failure. All stakeholders are
important.
Utilities, for example, are right to be concerned
over new clean air laws that would regulate carbon
dioxide emissions. Likewise, green groups are justified
in pursuing aggressive environmental protections. After
fierce debate, lawmakers must come to a reasoned
conclusion - one that balances the competing interests.
It's the American way. It's also protected as
political speech under the First Amendment to the U.S.
Constitution. "Lobbyists provide an indispensable
element of the legislative process - communication of
people's needs and wishes to their legislators," writes
Colorado District Judge Christina Habas, in an order
dealing with gift bans there.
Corporate interests certainly have more money than
grassroot organizations - a statement that rings true in
the energy sector. The more pertinent discussion,
though, is whether that influence drowns out the voices
of others. Money does talk. But, lawmakers can't risk
being perceived as lapdogs for special interests. While
strong principles are noble, the middle is where the
winner's circle is located.
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