Feb 7:  The House Energy and Commerce (E&C) Committee  held opening statements on February 6, on the markup of H.R. 3548, the North  American Energy Access Act [See WIMS  2/6/12], and continued the markup and final vote of 33-20 today. The  approval was largely along party-lines where Republicans outnumber Democrats  31-23. A number of Democratic amendments were defeated. The bill will now go to  the full House where it is expected to be folded into the House Energy and  Infrastructure Jobs Act (H.R.7) [See WIMS  2/1/12] when that legislation comes to the House floor for a vote this  month.   
     The bill gives the Federal Energy  Regulatory Commission authority and oversight over the pipeline's permit and  construction. The legislation requires FERC to approve the pipeline's permit  within 30 days, with the Final Environmental Impact Statement (FEIS) prepared by  the U.S. State Department as the basis for its decision. The legislation gives  FERC 30 days to approve a Nebraska re-route after the State's governor has  completed necessary environmental review and approved it.
  
     A Republican  release indicates that Republican members  touted the pipeline's numerous economic and energy security benefits while some  Democrats attempted to distract the debate by suggesting the pipeline would be  built to facilitate oil exports. Energy and Power Subcommittee Chairman Ed  Whitfield (R-KY) said, "This argument is nothing more than red  herring." 
 
    Whitfield pointed to a  Department of Energy  memorandum which he said  refutes Democrats' argument that the oil transported by Keystone would be sent  to China, concluding Gulf Coast refineries will likely consume additional  Canadian oil sands well in excess of what would be provided by the Keystone XL  pipeline. It also concludes that exports of Canadian oil sands from Port Arthur,  Texas, are unlikely. Republicans said, "To suggest the Keystone XL pipeline  would be built to ship oil to China defies both common sense and economic sense.  If the goal were to get Canadian oil to Asian markets, it would be far easier to  build a much shorter pipeline to the west and ship the oil to China -- a project  Canada is considering now that President Obama has further-delayed the  pipeline's construction."
 
    Energy and Commerce  Chairman Fred Upton (R-MI) said, "We have been told that the new pipeline is not  designed to increase supplies here, but rather to export supplies from the Gulf  to other countries, including China. But that doesn't pass the common sense  test. The real risk of losing out on this energy comes from not building the  pipeline. If the U.S. refuses to allow this project to move forward, then not a  single drop will come through Keystone XL to refiners in the Midwest and Gulf  Coast. The Canadian government would have little choice, as they have made  clear, but to pursue other markets for its growing oil production, including  construction of a pipeline to the Pacific coast for export to  China."
 
     Representative Lee Terry  (R-NE), author of H.R.3548 said, "The Keystone XL pipeline will greatly enhance  America's energy security. With this proposed pipeline our crude imports from  Canada could reach 4 million barrels a day by 2020, twice what we currently  import from the Persian gulf. Enhancing our energy partnership from Canada will  strengthen America's energy future. Each additional drop of oil from Canada  offsets a drop of OPEC oil."
 
    In an opening  statement Chairman Upton said, "Some have questioned the widely used estimates  that more than 100,000 jobs would be created by the  pipeline project, including 20,000 direct jobs in construction and manufacturing. Opponents derisively claim the number could be as few  as 5,000 jobs. Now, I tend to believe the labor unions  and TransCanada, who have actually signed Project Labor Agreements specifying how this pipeline will be built, and by how  many workers. But I have to question the project's  opponents, who are so quick to dismiss their low-ball estimate of 5,000 jobs -- ignoring the fact that 5,000 jobs would make Keystone  XL a much better job creator than many taxpayer-funded  projects funded under the stimulus package. Before Solyndra went under, it employed 1,100 people and cost taxpayers over  half a billion dollars. Today, Solyndra isn't creating  any jobs except for a few bankruptcy  attorneys."
  
     Chairman  Upton also said, ". . .there is reason to question the  claims that stopping the pipeline is the right thing to  do environmentally. Without Keystone XL, Canada's rising oil production will  reach its end users via increased use of tankers,  barges, trains, and trucks -- all of which are riskier  modes of transport than pipelines. The administration's own Final Environmental  Impact Statement concludes that there is  nothing to be gained by rejecting the pipeline."
  
     In an  opening statement Ranking Member Henry Waxman (D-CA) said, "If we approve the Keystone XL pipeline, we might help with job creation  in other countries. But it won't do much for the United States. A green light  for Keystone will lead to massive imports of transmission pipe manufactured  overseas. I'm sure the steel mills in India or China will be delighted. Canada  will be able to export its tar sands to the global market, rather than having to  sell it at a discounted rate in the Midwest. And because the products will be  exported from a Foreign Trade Zone, China will be pleased that it can buy  petroleum products without having to pay U.S. Customs duties. .  .
  
      "The American people will bear the risks, and Big Oil will  reap the rewards. With this pipeline, we get more carbon pollution . . . more  dangerous oil spills . . . land seizures by a foreign company . . . and higher  oil prices in the Midwest. Big Oil gets the ability to  extract more profits from the Midwest . . . a conduit for exporting tar sands  products to China . . . and the green light to exploit the tar sands at maximum  speed, regardless of the consequences. 
  
      "President Obama listened to the differing views of American  citizens and made a responsible decision. He would not approve the pipeline  through the ecologically fragile Sand Hills area in Nebraska, but the State  Department would consider an alternative route. Nebraska is  taking the time to find a route that is acceptable, and the President is making  sure that he has all the information he needs to make the right decision. This bill takes the opposite approach. It gives the pipeline an  unprecedented regulatory earmark. It directs FERC to approve the pipeline even  though we don't yet know what route it will take through Nebraska. .  .
  
     "I wanted to know why Koch would tell the U.S. Congress one  thing and the Canadian government the exact opposite. Unfortunately, Chairman  Upton and Chairman Whitfield have refused to invite Koch to testify.  So we are left with unanswered questions. Why is Koch  Industries being placed in a witness protection program? What does the company  have to hide? And why does the company get special treatment while the American  people get left in the dark?. . . This pipeline is a bad idea, and  so is this bill."
  
     Democrats  offered amendments which were defeated relating to: regarding restrictions on  use of eminent domain (defeated); barring the  exportation of any pipeline products; requiring the President's approval;  requiring a review of the risks associated with transporting diluted bitumen;  and requiring that at least 75% of the iron and steel used be produced in North  America.
  
     Access a  release from House Republicans (click  here). Access the Republican markup website for background information,  full text, webcast and opening statement (click  here). Access the Democratic markup website for Democratic amendments,  webcast and opening statement (click  here). Access legislative details  for H.R.3548 (click  here). [#Energy/KXL]    
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