US Senate energy bill to speed LNG exports, clarify SPR sales limits
Washington (Platts)--22Jul2015/531 pm EDT/2131 GMT
Key US senators have reached a deal on a broad package of energy
sector reforms that if enacted would speed decision-making on liquefied
natural gas exports, focus the intent of the Strategic Petroleum Reserve
and require reviews of how federal rules impact electric system
reliability.
The agreement on the bipartisan legislative package follows a number of
Senate hearings in recent months and lawmakers' consideration of more
than 100 bills offered for inclusion in the wider package.
The bill unveiled Wednesday is also the result of negotiations between
the two leaders of the Senate Energy and Natural Resources Committee --
Chairman Lisa Murkowski of Alaska and Ranking Member Maria Cantwell of
Washington -- and their staffs, and debate and voting -- a markup -- of
the bill is scheduled to begin in the week starting July 27.
A major provision in the bill will speed decision-making on LNG exports
by requiring the Department of Energy to approve or deny applications to
export LNG to non-free trade agreement countries within 45 days of final
action at the Federal Energy Regulatory Commission or the Maritime
Administration.
Currently, DOE quickly approves applications to FTA countries, and
while DOE has as of late issued non-FTA approvals within days of FERC
wrapping up its rehearing process, that has not always been the case.
The bill also provides for expedited review of legal challenges to LNG
facilities, and would change the Natural Gas Act to require public
disclosure of where exported LNG is headed.
SPR SALES PROVISIONS MAKE IT INTO BILL
The bill includes provisions that would reaffirm the limits of when oil
in the Strategic Petroleum Reserve is sold and how those funds can be
used, which comes amid calls from other members of Congress to use SPR
sales to fund health care reforms or transportation infrastructure. The
allowable uses of funds from SPR sales include upgrades to SPR
infrastructure.
On the electricity side, the bill would require regional transmission
organizations to report to FERC on what capacity resources are available
in their regions, the state of reliability, and whether their market
rules enable a diverse generation fleet and the "availability of
self-supply of electric capacity resources by public power entities,"
according to a summary.
The bill takes a number of steps designed to speed hydropower licensing,
including putting FERC in the lead when it comes to coordination with
other agencies and setting schedules to move permitting ahead.
Under the bill, the White House Council on Environmental Quality would
be empowered to address disputes between agencies should they arise. The
legislation also provides greater flexibility on the timeline for
construction of projects beginning after permitting is concluded and how
long applicants can have preliminary permits at FERC.
The bill does not include mandates to FERC or the RTOs to change their
capacity markets or a controversial provision that would have given FERC
backstop siting authority over certain transmission projects.
On the transmission front, though, the bill does codify an
administration effort to address permitting delays and creates a post
within CEQ to address delays as well.
When it comes to markets, the bill requires the Energy Information
Administration to work with the Commodity Futures Trading Commission "to
collect data on physical oil inventories owned by commodities traders
and commercial oil and gas storage capacity," while also empowering EIA
to establish an office focused on analyzing financial markets.
The bill also requires reports to FERC on how major federal rules impact
reliability and mandates that federal agencies respond to that
"reliability impact statement" as part of their final rules. In
addition, the legislation includes a cavalcade of provisions to improve
cybersecurity coordination and bolster electricity infrastructure.
A markup of the bill is expected to begin July 28, and aides expect that
amendments will be offered from members that could alter the bill's
contents.
--Bobby McMahon,
bobby.mcmahon@platts.com
--Edited by Keiron Greenhalgh,
keiron.greenhalgh@platts.com
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