E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, APRIL 10, 2002 No. 38 Senate The Senate met at 9:16 a.m. and was APPOINTMENT OF ACTING RESERVATION OF LEADER TIME called to order by the Honorable DAN- PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- IEL K. AKAKA, a Senator from the State The PRESIDING OFFICER. The pore. Under the previous order, the of Hawaii. clerk will please read a communication leadership time is reserved. to the Senate from the President pro f PRAYER tempore (Mr. BYRD). The legislative clerk read the fol- NATIONAL LABORATORIES PART- The Chaplain, Dr. Lloyd John lowing letter: NERSHIP IMPROVEMENT ACT OF 2001 Ogilvie, offered the following prayer: U.S. SENATE, Gracious God of Hope, we praise You PRESIDENT PRO TEMPORE, The ACTING PRESIDENT pro tem- that You have vanquished the forces of Washington, DC, April 10, 2002. pore. Under the previous order, the death and given those who believe in To the Senate: Senate will now resume consideration Under the provisions of rule I, paragraph 3, Your resurrection power the assurance of S. 517, which the clerk will report. of the Standing Rules of the Senate, I hereby The legislative clerk read as follows: that this life is but a small part of appoint the Honorable DANIEL K. AKAKA, a eternity. We join with the British peo- Senator from the State of Hawaii, to perform A bill (S. 517) to authorize funding the De- ple in profound gratitude for the long the duties of the Chair. partment of Energy to enhance its mission areas through technology transfer and part- life and encouraging inspiration of ROBERT C. BYRD, President pro tempore. nerships for fiscal years 2002 and 2006, and for Queen Elizabeth, the Queen Mother. other purposes. Her death came as no conqueror in the Mr. AKAKA thereupon assumed the end; she rose to meet You, her Eternal chair as Acting President pro tempore. Pending: Daschle/Bingaman further modified Friend. She bestrode the twentieth f century with charm, and virtue, and amendment No. 2917, in the nature of a sub- RECOGNITION OF THE ACTING stitute. principle, and vibrant faith in You. We Feinstein modified amendment No. 2989 (to will never forget her smile, her inclu- MAJORITY LEADER amendment No. 2917), to provide regulatory sive affirmation of each person she The ACTING PRESIDENT pro tem- oversight over energy trading markets and met, and her courage through the sea pore. The Senator from Nevada is rec- metals trading markets. of trouble that engulfed a century of ognized. Kerry/McCain amendment No. 2999 (to two world wars. amendment No. 2917), to provide for in- f creased average fuel economy standards for Thank You for her wit, steeliness of SCHEDULE passenger automobiles and light trucks. character, and the way she lived life to Dayton/Grassley amendment No. 3008 (to the fullest, one day at a time, with un- Mr. REID. Mr. President, shortly we amendment No. 2917), to require that Federal failing trust in You. May the example shall return to debate on the Feinstein agencies use ethanol-blended gasoline and of this loyal Scot, Queen Mum, a truly derivatives amendment. That debate biodiesel-blended diesel fuel in areas in great woman encourage us all as we will take place until a quarter of 10 which ethanol-blended gasoline and bio- join with people everywhere in hon- today. At that time, the Senate will diesel-blended diesel fuel are available. Lott amendment No. 3028 (to amendment oring the memory of this woman who proceed to vote on the motion to in- No. 2917), to provide for the fair treatment of royally expressed a common touch and voke cloture on Senator FEINSTEIN’s Presidential judicial nominees. a genuine enjoyment of life. Through amendment. Landrieu/Kyl amendment No. 3050 (to the One who is the Resurrection and We expect Senator CRAIG this morn- amendment No. 2917), to increase the trans- the Life, now and forever. Amen. ing we have been told—will offer an fer capability of electric energy transmission amendment relating to the renewables systems through participant-funded invest- f section of the underlying bill. We hope ment. as soon as that measure is fully de- Graham amendment No. 3070 (to amend- ment No. 2917), to clarify the provisions re- PLEDGE OF ALLEGIANCE bated we will vote in relation thereto. lating to the Renewable Portfolio Standard. There will be votes during today’s Reid modified amendment No. 3081 (to The Honorable DANIEL K. AKAKA led proceedings. As has been indicated by amendment No. 2989), in the nature of a sub- the Pledge of Allegiance, as follows: the majority leader, he has every hope stitute. (By 40 yeas to 59 nays (Vote No. 60), Senate earlier failed to table the amend- I pledge allegiance to the Flag of the we can finish this bill soon. This is now ment.) United States of America, and to the Repub- the 16th day we have been on this legis- lic for which it stands, one nation under God, lation. I certainly hope we can move to The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. conclusion at an early date. pore. Under the previous order, the

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S2425

. S2426 CONGRESSIONAL RECORD — SENATE April 10, 2002 time until 9:45 a.m. shall be equally di- Seven years earlier my colleague, While the bill is a gigantic environmental vided and controlled in the usual form. Senator Gravel, and I presented an accomplishment, it also is crucial to the na- The Senator from Alaska. amendment to authorize the imme- tion’s attempt to achieve energy independ- Mr. STEVENS. Mr. President, I yield diate construction of the Alaska pipe- ence. One-third of our known petroleum re- myself 5 minutes from the time on this serves are in Alaska, along with an even line. That amendment first ended up in greater proportion of our potential reserves. side. a vote of 49–48. We had won that Actions such as preventing even the explo- The ACTING PRESIDENT pro tem- amendment. On a reconsideration, the ration of the Arctic Wildlife Range, a ban pore. Without objection, it is so or- vote was 49–49, and the then Vice Presi- sought by one amendment, is an ostrich-like dered. dent cast a ‘‘yea’’ vote, and the amend- approach that ill-serves our nation in this Mr. STEVENS. Mr. President, the ment was finally agreed to on the sec- time of energy crisis. majority leader and the distinguished ond vote. Instability of certain nations abroad re- majority whip have often mentioned I yield myself 2 more minutes. peatedly emphasizes our need for a stronger the fact that we have not called up the My point in raising this before the domestic supply of strategic and critical ANWR amendment yet. I am here to minerals. Each of the five proposed amend- Senate this morning is that on the ments would either restrict mineral areas say we are almost ready to do that. Alaska pipeline there was no threat of from development or block effective access The reason we have not brought it a filibuster. Despite the fact that the to those areas. Four of the seven world-class forth so far, of course, is the stated ob- then majority leader, Senator Mans- mineral finds in Alaska would be effectively jective of Members of the other side of field, and the chairman of the com- barred from development by the amend- the aisle to filibuster this amendment mittee, Senator Jackson, opposed our ments. That simply is too high a price for and to require us to have 60 votes in amendment for the immediate con- this nation to pay. order for its adoption. We will lay it struction of the pipeline, there was no Present and potential employment both in down right now if the leadership will Alaska and in the other states would be sig- filibuster. nificantly damaged if the committee bill is agree we can have an up-or-down vote We should not have a filibuster on amended. Cutting off development of the on the amendment. the amendment that is going to be of- four mineral finds discussed above would This is not a normal procedure where fered by my colleague Senator MUR- alone cost thousands of potential jobs, many the leader states categorically that KOWSKI and myself on this bill to pro- of them in the Lower 48 states. The amend- there is an intention of the majority to ceed now to the exploration and devel- ment on national forests would eliminate up require 60 votes for an amendment to opment of the 1.5 million acres on the to 2,000 jobs in the southeast Alaska timber- pass. Arctic plain. It is still a national de- related economy. We urge you to focus on the central fact I intend later today to distribute to fense issue. I hope to raise that again every desk a copy of a letter of July 3, that the Alaska lands bill is not just an envi- and again. In times of national secu- ronmental issue. It is an energy issue. It is a 1980 that was signed by Senator Henry rity crisis, there should not be a fili- national defense issue. It is an economic M. Jackson, chairman of the Interior buster against a proposal to make issue. It is not an easy vote for one constitu- and Insular Affairs Committee, and available to this Nation additional oil ency that affects only a remote, far-away Mark Hatfield, ranking minority mem- and gas resources. area. It is a compelling national issue which ber, concerning the Alaska lands bill I ask unanimous consent that the demands the balanced solution crafted by that was before the Senate at that letter I cited of July 3, 1980 and the the Energy and Natural Resources Com- mittee. time. CONGRESSIONAL RECORD showing the af- We look forward to your support. These two Senators were leaders of fairs of the Senate on July 17, 1973 on the Senate on the Alaska lands legisla- Cordially, those two votes, 295 and 296, be printed MARK O. HATFIELD, tion and it is important for the Senate in the RECORD. Ranking Minority Member. to read this letter. I will read a portion There being no objection, the mate- HENRY M. JACKSON, of it at this time. The portion I will rial was ordered to be printed in the Chairman. read concerns the amendment which RECORD, as follows: EXCERPT FROM THE CONGRESSIONAL RECORD gives us the right to proceed with de- U.S. SENATE, OF JULY 17, 1973 velopment of the Arctic plain. They COMMITTEE ON ENERGY AND NATURAL wrote: RESOURCES, The PRESIDING OFFICER. The question While the bill is a gigantic environmental Washington, DC, July 3, 1980. is on agreeing to the amendment of the Sen- accomplishment, it also is crucial to the na- DEAR COLLEAGUE: In this year of sharply ator from Alaska (Mr. GRAVEL) No. 226, as tion’s attempt to achieve energy independ- heightened national concern over the econ- modified. The yeas and nays have been or- ence. One-third of our known petroleum re- omy, energy and national defense, the Sen- dered, and the clerk will call the roll. serves are in Alaska, along with an even ate is about to consider Alaska lands legisla- The legislative clerk called the roll. greater proportion of our potential reserves. tion—an issue which would have a profound Mr. ROBERT C. BYRD. I announce that Actions such as preventing even the explo- effect on each of these vital subjects. the Senator from California (Mr. CRANSTON) ration of Arctic Wildlife Range, a ban sought We write to ask for your full support of the is necessarily absent. by one amendment, is an ostrich-like ap- Alaska lands bill approved by the Energy I further announce that the Senator from proach that ill-serves our nation in its time and Natural Resources Committee. After ex- Washington (Mr. MAGNUSON) is absent on of- of energy crisis. tensive hearings, study and mark-up, the ficial business. They went on to write: Committee approved this bill by an over- I also announce that the Senator from Mis- sissippi (Mr. STENNIS) is absent because of Instability of certain nations abroad re- whelming and bi-partisan vote of 17–1. The Committee bill is a balanced, carefully illness. peatedly emphasizes our need for stronger crafted measure which is both a landmark I further announce that, if present and vot- domestic supply of strategic and critical environmental achievement and a means of ing, the Senator from Washington (Mr. MAG- minerals. Each of the five proposed amend- protecting the national interest in the future NUSON) would vote ‘‘nay.’’ ments would either restrict mineral areas development of Alaska and its vital re- The yeas and nays resulted—yeas 49, nays from development or block access to those sources. The bill more than doubles the land 48, as follows: areas. Four of the seven world-class mineral area designated by Congress as part of the finds in Alaska would be effectively barred [No. 295 Leg.] National Park and National Wildlife Refuge from development by this amendments. That YEAS—49 systems; it triples the size of the National is simply too high a price for this nation to Wilderness Preservation system. It protects Biden Cotton Hollings pay. the so-called Crown Jewels of Alaska. At the Baker Curtis Hruska Further from the letter: Bartlett Domenici Huddleston same time, it preserves the capability of that Beall Dominick Inouye We urge you to focus on the central fact mammoth state to contribute far beyond its Bellmon Eastland Johnston that the Alaska lands bill is not just an envi- share to our national energy and defense Bennett Ervin Long ronmental issue. It is an energy issue. It is a needs. Bentsen Fannin McClellan national defense issue. It is an economic A series of five major amendments to the Bible Fong McGee issue. It is not an easy vote for one constitu- bill and an entire substitute for it will be of- Brock Goldwater Nunn ency that affects only a remote, far-away fered on the Senate floor. The amendments Brooke Gravel Randolph area. It is a compelling national issue which in total would make the bill virtually an Byrd, Harry F., Griffin Saxbe Jr. Hansen Schweiker demands the balanced solution crafted to by equivalent of the measure approved last year Byrd, Robert C. Hartke Scott, Pa. the Energy and Natural Resources Com- by the House. Each amendment in its own Cannon Helms Scott, Va. mittee. way would destroy the balance of the bill. April 10, 2002 CONGRESSIONAL RECORD — SENATE S2427 Sparkman Talmadge Weicker Curtis Helms Schweiker points about certain promises that Stevens Thurmond Young Domenici Hollings Scott, Pa. Taft Tower Dominick Hruska Scott, Va. were made to the Senator from Alaska Eastland Huddleston Sparkman and the Alaskan delegation many years NAYS—48 Ervin Inouye Stevens ago. It is something we all need to take Abourezk Haskell Moss Fannin Johnston Taft a look at. Aiken Hatfield Muskie Fong Long Talmadge But we have a debate that has been Bayh Hathaway Nelson Goldwater McClellan Thurmond Biden Hughes Packwood Gravel McGee Tower ongoing for many years. This isn’t Buckley Humphrey Pastore Griffin Nunn Weicker something that just came up during Burdick Jackson Pearson Hansen Randolph Young this bill. I look forward to the debate Hartke Saxbe Case Javits Pell on ANWR. I think there are people who Chiles Kennedy Percy NAYS—49 Church Mansfield Proxmire honestly have not made up their minds Clark Mathias Ribicoff Abourezk Haskell Muskie yet. It is a handful of people, but some Cook McClure Roth Aiken Hatfield Nelson have not made up their minds yet. So Dole McGovern Stafford Bayh Hathaway Packwood Eagleton McIntyre Stevenson Biden Hughes Pastore I hope that the Alaskan delegation will Fulbright Metcalf Symington Buckley Humphrey Pearson offer this amendment as quickly as Gurney Mondale Tunney Burdick Jackson Pell possible. I think that is the main thing Hart Montoya Williams Case Javits Percy holding up the final movement of this Chiles Kennedy Proxmire NOT VOTING—3 Church Mansfield Ribicoff legislation. Cranston Magnuson Stennis Clark Mathias Roth I spoke to the junior Senator from Cook McClure Stafford Alaska yesterday, and I don’t think it The VICE PRESIDENT. On this vote, the Cranston McGovern Stevenson would be appropriate for someone else yeas are 49, the nays 48. The amendment is Dole McIntyre Symington agreed to. Eagleton Metcalf Tunney to offer the ANWR amendment—for ex- Mr. GRAVEL. Mr. President, I move to re- Fulbright Mondale Williams ample, a House version, or some other consider the vote by which the amendment Gurney Montoya comparable version. I think it should Hart Moss was agreed to. be done by the Senators from Alaska or Mr. ROBERT C. BYRD. Mr. President, may NOT VOTING—2 Senators with whom they want to join. we have order in the galleries. Magnuson Stennis So I hope that in the next little bit— Mr. FANNIN. Mr. President, I move to lay The VICE PRESIDENT. On this question, whether it is tonight or tomorrow, but that motion on the table. the yeas are 49, and the nays are 49. The Vice in the immediate future—this amend- The VICE PRESIDENT. The galleries will President votes ‘‘Yea.’’ The motion to lay on ment will be offered. Otherwise, it is be in order. the table is agreed to. my understanding that others who may The question is on agreeing to the motion to reconsider (putting the question). The The ACTING PRESIDENT pro tem- not be advocates for ANWR will offer it noes appear to have it. pore. Who yields time? just to move the debate along. Mr. CASE. Mr. President, I ask for the The Senator from Nevada. Mr. President, it is my understanding yeas and nays on the motion. Mr. REID. Mr. President, I say to my that the vote will occur at 9:45. That The yeas and nays were ordered. friend, there is not a Senator in the will be on the Feinstein amendment. Mr. HUMPHREY. Mr. President, a par- Senate I have more respect for than The ACTING PRESIDENT pro tem- liamentary inquiry. the senior Senator from Alaska. I con- pore. The Senator is correct. The VICE PRESIDENT. The Senator will Mr. REID. I see the Senator from sider him a friend and certainly always state it. California is here. Mr. HUMPHREY. Mr. President, are we a worthy advocate. On this issue relat- The ACTING PRESIDENT pro tem- voting on a motion to table or on the motion ing to the energy bill now before the pore. The Senator from California is to reconsider? Senate, however, to have my friend and recognized. The VICE PRESIDENT. The Senate is vot- his colleague, the junior Senator from AMENDMENT NO. 2989 ing on the motion to reconsider. Alaska, say that they are interested in Mrs. FEINSTEIN. Mr. President, I Mr. HUMPHREY. On the rollcall vote? going forward, that they would have Mr. LONG. Mr. President, are we voting on rise to urge my colleagues to support had a vote on this immediately if, in the cloture motion on the amendment the motion to reconsider or on the motion to fact, we didn’t use the rules of the Sen- lay on the table? that is now pending. This amendment The VICE PRESIDENT. The Senate is vot- ate, of course, the rules of the Senate essentially would close what I call the ing on the motion to reconsider. are what have guided this institution Enron loophole, which allows certain Mr. LONG. Mr. President, I move to table for so many years. I really don’t know areas of trading to go without any the motion to reconsider. how many votes there are. Each side oversight or regulation. The amend- The VICE PRESIDENT. The question is on has around 50 votes. That is the way ment has been out there for 5 weeks agreeing to the motion to table the motion this will turn out, if there is a vote on now. Hopefully, that was more than to reconsider. the ANWR issue. Mr. CASE. Mr. President, I ask for the enough time for Senators to give it due Regarding his logic that there should consideration. There has been lobbying yeas and nays. be, in a time of national crisis, nothing The yeas and nays were ordered. for the amendment on both sides. The VICE PRESIDENT. The question is on done to prevent the Congress from This is what the amendment does. It agreeing to the motion to table the motion thwarting anything that would bring essentially provides antifraud and to reconsider. On this question the yeas and us more oil, the way to do that would antimanipulation authority to the nays have been ordered, and the clerk will have been to support the CAFE stand- Commodity Futures Trading Commis- call the roll. ards legislation we debated on this leg- sion for all energy trades online, when The legislative clerk called the roll. islation. That would have brought cer- there is no physical delivery. The Mr. ROBERT C. BYRD. I announce that tainly millions of barrels of new supply amendment subjects all energy plat- the Senator from Washington (Mr. MAGNU- to this country by not having us use SON) is absent on official business. forms—trading platforms—to the same I also announce that the Senator from Mis- this oil. levels of oversight they had before the sissippi (Mr. STENNIS) is absent because of As we have discussed many times, 2000 Commodity Futures Modernization illness. the United States cannot produce its Act, which was changed at the final I further announce that, if present and vot- way out of the crisis we are in. We hour by Enron to include an exemption ing, the Senator from Washington (Mr. MAG- should do everything we can to in- for energy trading. This means these NUSON) would vote ‘‘nay.’’ crease the natural gas and other drill- trades exchanges would, once again, The yeas and nays resulted—yeas 49, nays ing oil supplies. There is no question have to file with the CFTC. They would 49, as follows: about that. But there is a real debate have to provide price transparency, [No. 296 Leg.] taking place in this country as to maintain capital commensurate with YEAS—49 whether or not we should drill in the risk, as decided by the CFTC. All the Allen Bennett Byrd, Harry F., Alaskan wilderness. Although I am things that Enron did online essen- Baker Bentsen Jr. from Nevada a State that is very Bartlett Bible Byrd, Robert C. tially provided this giant loophole. Beall Brock Cannon sparsely populated, I think the Senator Mr. President, if I trade natural gas Bellmon Brooke Cotton from Alaska raised some interesting to you and deliver it to you, we are S2428 CONGRESSIONAL RECORD — SENATE April 10, 2002 covered by the Federal Energy Regu- believes the ability to hedge risk vote prevails to again sit down with latory Commission. But if I don’t de- through derivatives has been a major the Senator from California and work liver the gas to you but a number of factor in preventing our downturn from out a compromise that will solve her trades take place in the interim, none becoming a recession. He said that this problem without creating others. of these trades are covered by anybody. market is a major factor in the under- Mr. GRASSLEY. Mr. President, I rise There is no antifraud; there is no lying strength of the economy, and he today to express my opposition to the antimanipulation oversight; I don’t believes it could be jeopardized by this pending Feinstein amendment con- have to keep any record; there is no amendment. cerning modifications to the Com- audit trail; and I don’t have to have So I believe we should sit down and modity Futures Modernization Act of sufficient capital based on the risk I try to work out an amendment that 2000. am taking. All of these things are cov- Alan Greenspan believes is safe for the The passage of the Commodity Fu- ered by this amendment. American economy. I don’t know who tures Modernization Act only a year This amendment essentially closes a we are putting under the heading of an- and a half ago has provided legal cer- loophole, and that loophole is that if gels, in the words of the Senator from tainties that I believe have resulted in you trade online, there is no oversight, California, but when we are talking increased market participation, great- or there is no antifraud or about jobs, growth, opportunity and re- er transparency and heightened market antimanipulation authority. So it is sponsibility in America, if Alan Green- liquidity. my hope that the Senate will provide span doesn’t fall under the heading of I agree there are lessons we can learn cloture. It is my hope that we will be angel, I don’t know who does. The from Enron’s collapse, particularly able to close this loophole. point is, this amendment needs more with respect to accountability issues. I The amendment is supported by a work. share in my colleagues’ outrage over number of groups. It is fair to say there Let me tell you what everybody in- these events, and truly feel for the is intense lobbying on both sides. I volved in the debate agrees on: Number workers and innocent investors who view this amendment as being on the one, they agree that the CFTC should lost their jobs and life savings. side of the angels. It is very hard for have access to data, that data should There are legislative actions that we me to understand why because you be maintained to allow the reconstruc- in Congress can take to ensure that trade derivatives on an electronic plat- tion of individual transactions for up similar corporate failures aren’t al- form—meaning online—that you are to five years. That is what is required lowed to fester elsewhere, In fact, as able to escape any form of oversight. I under the Commodity Futures Trading the ranking member on the Senate Fi- think this kind of situation does not Commission jurisdiction under current nance Committee, I’ve taken steps to breed security in the marketplace, does law. Everybody agrees that the Com- do something about a number of tax not give confidence to investors. So I mission ought to be able to intervene if and pension related problems that have hope there are 60 votes present for this there is evidence of fraud or price ma- been exposed by the Enron collapse. amendment. nipulation. Where the disagreement However, as regulatory agencies con- I reserve the remainder of my time and differences occur—and these three tinue to investigate Enron’s over-the- and I yield the floor. points represent 95 percent of the counter derivatives activities, Con- The ACTING PRESIDENT pro tem- things that the proponents of this gress must exercise caution when con- pore. The Senator from Texas is recog- amendment say they are for—are in sidering a legislative fix to a problem nized. other areas that are generally unin- that has yet to be clearly identified. Mr. GRAMM. Mr. President, I have tended. I understand that this is a very Without the benefit of the results and limited time and I am not going to get complicated issue. There is one mem- recommendations of these investiga- into a dispute about facts, or about ber of this chamber who claims to tions, any legislative action will surely what is and what isn’t a loophole, or know what a derivative is. I do not be premature. whether these instruments have ever claim to know what a derivative is. I been regulated because they have not. have tried, as former chairman of the The Secretary of the Treasury, the But the reason that debate should not Banking Committee, to understand Chairman of the Federal Reserve, the be brought to an end here is about as these transactions. But when you have Chairman of the Securities and Ex- simple as any argument could be for a $75 trillion market out there for very change Commission, and the Chairman continuing to try to find a com- complicated financial instruments, you of the Commodity Futures Trading promise. The entire financial sector of don’t want to tamper with it unless Commission oppose adoption of this the American economy—every bank, you know what you are doing. amendment because of the lack of op- every securities company, every insur- You do not want unintended con- portunity for a full review, as well as ance company in America—is opposed sequences when you are dealing with the absence of any determination that to this amendment. The Federal Re- $75 trillion of economic underpinning energy derivatives played a role in the serve Board and Chairman Alan Green- that holds up the very structure of the collapse of Enron. span are opposed to this amendment; American economy. That is what this I also have concerns that this amend- not to what the Senator is trying to do, amendment is putting at risk. ment has not been thoroughly and but to what the amendment does. I urge my colleagues to vote against thoughtfully reviewed by the appro- The Securities and Exchange Com- forcing a vote on this amendment and priate committees of jurisdiction. The mission Chairman has spoken out ada- give us an opportunity to try to write Senate Agriculture Committee, which I mantly in opposition to this amend- something that Alan Greenspan, the served on when the Commodity Fu- ment. The Chairman of the Commod- Chairman of the SEC, and the Chair- tures Modernization Act was consid- ities Futures Trading Commission—the man of the CFTC—the people we have ered, addressed the issue of the uncer- very agency that would be empowered entrusted to make these decisions—are tainties with respect to over-the- with new authority under this amend- comfortable with and can support. counter derivatives. The lack of hear- ment—has spoken out and written let- I believe we can achieve 95 percent of ings and analysis by the Senate Agri- ters and argued that these areas rep- the objectives of the Senator from culture Committee prior to the consid- resent very complicated financial California without endangering the eration of this amendment is unfortu- transactions, and that we need to take very financial underpinnings of the nate. a look at unintended consequences. American economy. But I believe they I therefore oppose this hastily draft- What I hope will happen today is that are endangered—as Alan Greenspan ed amendment, and will formally re- we will deny cloture. There has been no says, as the Secretary of the Treasury quest that the chairman of the Senate filibuster on this amendment. We have says, as banks, security companies and Agriculture Committee thoroughly continued to process other amend- insurance companies across the land analyze, and if necessary, conduct ments. There have been two good-faith say—by the amendment as it is now hearings on the results and rec- efforts to reach a compromise. Alan written. ommendations of the numerous agency Greenspan has sent a letter to every I urge my colleagues to vote no. It investigations concerning the regula- Member of the Senate saying that he would be my full intention if a ‘‘no’’ tion of over-the-counter derivatives. April 10, 2002 CONGRESSIONAL RECORD — SENATE S2429 The ACTING PRESIDENT pro tem- have no chilling effect on the financial The yeas and nays resulted—yeas 48, pore. The Senator’s time has expired. derivatives market. nays 50, as follows: Who yields time? It does not apply to purely financial [Rollcall Vote No. 61 Leg.] Mrs. FEINSTEIN. Mr. President, how derivatives, and there is an important YEAS—48 much time is remaining? public policy reason for this. We are Akaka Dodd Leahy The ACTING PRESIDENT pro tem- trying to comport our commodity fu- Bayh Dorgan Levin pore. Three minutes 50 seconds remain. tures laws in this country to comply Biden Durbin Lieberman Mrs. FEINSTEIN. I yield the remain- with the principles laid down by the Bingaman Edwards McCain Boxer Feingold Mikulski der of my time to the Senator from President’s working group in the last Breaux Feinstein Murray New Jersey. couple of years. Somehow when we Byrd Fitzgerald Nelson (FL) The ACTING PRESIDENT pro tem- passed the Commodity Futures Mod- Cantwell Graham Reed pore. The Senator from New Jersey is Carnahan Harkin Reid ernization Act last year, at the end, a Carper Hollings Rockefeller recognized. mysterious rifleshot exemption that Cleland Inouye Sarbanes Mr. CORZINE. Mr. President, I will applied to a handful of commodity Clinton Jeffords Schumer split the time with the Senator from Il- trading firms that trade online. It is Conrad Johnson Stabenow linois if that is OK with the Senator Corzine Kennedy Torricelli not quite clear where it came from, but Daschle Kerry Wellstone from California. it creates an uneven regulatory playing Dayton Kohl Wyden Mrs. FEINSTEIN. Absolutely. field where certain firms have a narrow NAYS—50 Mr. CORZINE. Mr. President, I wish exemption, there is no transparency in to make a couple of simple points. Allard Frist Murkowski their markets, and they are not report- Allen Gramm Nelson (NE) First, this amendment brings forward ing volume or open interest. In my Bennett Grassley Nickles fairly simple, straightforward over- judgment, it is important to consumers Bond Gregg Roberts sight functions that are typical in Brownback Hagel Santorum of these online exchanges to have that Bunning Hatch Sessions every financial market in which I have information available to them. Burns Helms Shelby ever participated and in which I spent It is possible that a client can be Campbell Hutchinson Smith (NH) 30 years of my life working, and that is ripped off on an online exchange, and Chafee Hutchison Smith (OR) antifraud, price manipulation and Cochran Inhofe Snowe the transparency created by this Collins Kyl Stevens transparency rules that are funda- amendment will solve that problem. Craig Landrieu Thomas mental to making the depth and The ACTING PRESIDENT pro tem- Crapo Lincoln Thompson breadth of the financial markets work. pore. The time of the Senator has ex- DeWine Lott Thurmond Domenici Lugar Voinovich We have great financial markets in pired. Ensign McConnell Warner America. This amendment accom- Mr. FITZGERALD. I thank the Enzi Miller plishes bringing that to bear in this en- Chair. I urge my colleagues to vote NOT VOTING—2 ergy market. with Senator FEINSTEIN, Senator Baucus Specter In fact, since this amendment was CORZINE, and myself in favor of cloture. originally offered, there has been an CLOTURE MOTION The PRESIDING OFFICER. On this enormous number of attempts to make The ACTING PRESIDENT pro tem- vote, the yeas are 48, the nays are 50. sure it does not impact that $75 trillion pore. By unanimous consent, pursuant Three-fifths of the Senators duly cho- market about which the Senator from to rule XXII, the Chair lays before the sen and sworn not having voted in the Texas talked. It exempts financial fu- Senate the pending cloture motion affirmative, the motion is rejected. tures, equities, currencies, and debt in- which the clerk will state. Mr. GRAMM. Mr. President, I move struments from any of the legal con- The senior assistant bill clerk read as to reconsider the vote. straints. I think it has been adjusted to follows: Mr. REID. I move to lay that motion on the table. address most of the concerns I cer- CLOTURE MOTION The motion to lay on the table was tainly have heard from my friends with We, the undersigned Senators, in accord- whom I used to work in the financial ance with the provisions of rule XXII of the agreed to. sector. Standing Rules of the Senate, hereby move Mr. REID. It is my understanding the It is very clear in small, confined to bring to a close the debate on the Fein- Senator from Idaho is ready to offer an markets where there is not the depth stein amendment No. 2989 to the substitute amendment which we have talked and breadth that price manipulation is amendment for Calendar No. 65, S. 517, the about since yesterday—and that is very a very real possibility. As a matter of energy bill. appropriate. But I am wondering if we fact, it was cited in the 1999 President’s Dianne Feinstein, Byron L. Dorgan, H.R. could have agreement—I do not see Clinton, Daniel K. Akaka, Paul D. Working Group on Financial Instru- him in the Chamber now—but with the Wellstone, Edward M. Kennedy, Bob Senator from Alaska, who is working ments, including Alan Greenspan, that Graham, Carl Levin, Bill Nelson, at that point energy markets were nar- Debbie Stabenow, Maria Cantwell, this bill with the Senator from New row enough so as to cause problems. Harry Reid, Russell Feingold, Ron Mexico, to have a time for filing We ought to move forward in response Wyden, Richard Durbin, James M. Jef- amendments. I suggest sometime this to the kinds of problems we have seen fords. afternoon or early evening. at Enron. I hope Members will vote for The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The Sen- cloture. pore. By unanimous consent, the man- ate will be in order. Please give the I thank the Chair. datory quorum call under the rule has Senator your attention. The Senate The ACTING PRESIDENT pro tem- been waived. will be in order. pore. The time of the Senator has ex- The question is, Is it the sense of the Mr. REID. I have spoken with Sen- pired. The Senator from Illinois is rec- Senate that debate on the Feinstein ator BINGAMAN. He agrees that would ognized. amendment No. 2989 to S. 517, the En- be a good idea. I hope those on the Mr. FITZGERALD. May I inquire ergy Policy Act, shall be brought to a other side also agree it is a good idea. how much time remains? close? The yeas and nays are required. No one cares how many amendments at The ACTING PRESIDENT pro tem- The clerk will call the roll. this stage, but we should have a spe- pore. One minute 20 seconds. The legislative clerk called the roll. cific time for filing these amendments. Mr. FITZGERALD. I thank the Mr. REID. I announce that the Sen- We hope we can offer a unanimous con- Chair. ator from Montana (Mr. BAUCUS) is sent agreement in the near future to Mr. President, I think I can sum up necessarily absent. set that time. in that short period of time. I urge all Mr. NICKLES. I announce that the Mr. BINGAMAN. Mr. President, I my colleagues to support this amend- Senator from Pennsylvania (Mr. SPEC- suggest the absence of a quorum. ment. It is a very good amendment, TER) is necessarily absent. The PRESIDING OFFICER. The and most of the arguments I have The PRESIDING OFFICER (Mr. MIL- clerk will call the roll. heard about it on the other side, in my LER). Are there any other Senators in The legislative clerk proceeded to judgment, are not true. The bill will the Chamber desiring to vote? call the roll. S2430 CONGRESSIONAL RECORD — SENATE April 10, 2002 Mr. CRAIG. Mr. President, I ask treatment of the subcommittees, it did Those standards work: Deregulate unanimous consent the order for the not get the treatment of the profes- where possible, streamline when de- quorum call be rescinded. sional staff and all of those who are in- regulation is not possible, and respect The PRESIDING OFFICER. Without terested as stakeholders in dealing the prerogatives of the States. I have objection, it is so ordered. with this very critical title. added in the last several weeks of de- Mr. CRAIG. Mr. President, I call up As a result of that, after several bate a fourth, an elementary principle: amendment No. 3047 and ask for its weeks of consideration, I decided it was Know what we are doing when we legis- consideration. appropriate that we have a vote on the late. And when we grant new author- The PRESIDING OFFICER. Is there reality that we cannot get as far as we ity, or change our delegation of author- objection? would want to get. So this amendment ity to a regulatory agency, know the Mr. REID. Will my friend withhold? today strikes the electricity title and consequences. Mr. CRAIG. Yes. replaces it with consumer protection It is my guess at this time that you Mr. REID. If the Senator will with- that is exactly the language currently could not effectively do a side-by-side hold just for a brief minute? in the bill, and the reliability provi- comparative of old law and new law in Mrs. FEINSTEIN addressed the sions of that bill that did have full this title and begin to understand what Chair. committee treatment, that has been its impact would be on the utilities of The PRESIDING OFFICER. The Sen- voted on, on the floor of the Senate, Georgia and their investments, their ator from California. and has been treated and accepted by values, and their abilities to compete AMENDMENT NO. 2989, WITHDRAWN the Senate as should these kinds of in a regional or a national market. Mrs. FEINSTEIN. Mr. President, I issues. That is what we ought to know. We rise to withdraw the amendment on A good many interest groups recog- know the importance of sustained, which we just voted, amendment No. nize the complexity of this problem. high-quality, reliable power to indus- 2989. The House tried to deal with an elec- try, to the consumer, and to the well- The PRESIDING OFFICER. The tric title and couldn’t—after months of being of the economy of this country. amendment is No. 2989, as modified. consideration with the committee ef- Last month, we received a landmark The Senator has that right. fort. It said: No, it is too complicated Supreme Court decision on the author- Mrs. FEINSTEIN. Thank you, Mr. and we ought to step back from it. So ity of the Federal Energy Regulatory President. their energy bill, passed in August, was Commission to order transmission re- The PRESIDING OFFICER. The silent on the issue of electricity. structuring which has significant im- amendment is withdrawn. Whether or not we speak to it going plications on the remainder of Federal- The Senator from Idaho. into conference, if this bill ultimately State responsibility and authority for AMENDMENT NO. 3047 gets to conference, there is a reality regulation of public utilities. The Su- Mr. CRAIG. Mr. President, I called up that we might not deal with it then. preme Court’s opinion in New York v. the amendment No. 3047. I ask for its And there are provisions within this FERC demands our thoughtful atten- immediate consideration. title that I strike to which many of us tion. The PRESIDING OFFICER. The are strongly opposed. What we have not done here, because clerk will report. The electric title does need the full we have not been allowed to do it, is The legislative clerk read as follows: attention of the experts—a clear, pre- take this Court decision, lay it before The Senator from Idaho [Mr. CRAIG] cise explanation of what the jurisdic- the committee, bring the Federal En- proposes an amendment numbered 3047. tional committee intends, and, my ergy Regulatory Commission to the Mr. CRAIG. I ask unanimous consent guess is, therefore could craft the ap- Hill, and begin to engage them in ques- the reading of the amendment be dis- propriate language. I think the Senate tions as to what they might be willing pensed with. owes the electric utility industry and to do and what they sense their new The PRESIDING OFFICER. Without the ratepayers nothing less than a full, authority is under this Court decision. objection, it is so ordered. open, and transparent process to get us Was that the intent of the public policy (The text of the amendment is print- there. of our country, or do we allow the judi- ed in the RECORD of March 21, 2002, We want to reform the electric indus- cial branch to legislate in a way that under ‘‘Amendments Submitted.’’) try. We need a national interstate grants substantial new Federal author- Mr. CRAIG. Mr. President, I rise transmission system. All of those are ity? It is not clear at this time. after a great deal of consideration as to realities. I think it is very understandable to the amount of work that has been done We saw the problems in California most of us who deal in this phenome- on this energy bill by the chairman of when a State failed to deal with re- nally complicated area that we do not the full committee and by a good num- structuring or deregulation in an ap- comprehend the reach of the Federal ber of interests. My colleague from Wy- propriate fashion and created the dis- Energy Regulatory Commission as was oming is on the floor. He spearheaded a incentives that did not allow the in- and is now extended by the Court’s de- group dealing specifically with title II, vestment in the marketplace. cision. How far can the Commission the electricity title, of this very large If we were to create those kinds of push its authority now that the Court and important bill. He labored might- disincentives to send a multibillion- has said it has it? Those are the kinds ily over that. I was involved, and my dollar industry scurrying trying to un- of questions we ought to ask of our- staff was involved, in some of those dis- derstand, but, most importantly, al- selves for our ratepayers and for the cussions. lowing the recentralization of author- utility commissions of our respective But the reality became clear to me ity and a Federal regulator, then my States and that which was once the re- and others that the electrical title of guess is we will have made a major sponsible authority that created reli- this bill is such a very complicated, ex- mistake. I think that question is clear- ability and the stability of the indus- tended title—attempting to rework and ly on the table. try historically. amend years and years of law and pub- Senator MURKOWSKI, I, and others There are several other important lic policy that has built up, that has who work on that Energy Committee, questions which have been gnawing at driven the capitalization of the largest and the chairman who is here in the me, and I think probably several of us, electricity industry in the world and, Chamber—in discussing energy and since the Court issued its opinion. frankly, one of the best—that without electric restructuring over the last sev- For example, should the Senate now the kinds of detailed hearings that eral years, and the phenomenal amount examine the need for legislation to pro- must come before a full committee of of hearings that were held on it before tect native load customers? There are energy, we could not effectively and re- any language was attempted—laid many who say: Yes, we should because sponsibly write this title in this Cham- down criteria we believed were impor- we have a responsibility to the initial ber. tant if we were going to do no harm to intent of the law and what it has done I have opined on many occasions here the ratepayer and do no harm to the for the strength of our States’ systems. that this bill did not get the treatment billions of dollars of investments that We need to understand. Is FERC going of the committee, it did not get the are out there already in this industry. to aggressively start restructuring in April 10, 2002 CONGRESSIONAL RECORD — SENATE S2431 what appears to be a real, lively, unbri- piece of legislation we could pass. Yet authority, and they did it. Worse, the dled authority granted by the Court? we are talking about competitive mar- DC Circuit never reached the issue of We have not asked the question. FERC kets. We may be creating a phenome- whether the $2 million constituted an has not been before the committee. The nally anticompetitive incentive within excessive fine. The court held that the committee hasn’t functioned. Of the legislation. Commission overreached in the first course, that decision came just as we The provision says that as soon as place, so the concept of operating ex- were engaging here on the floor, which practicable, competitors must release cessively in the area of civil penalties I believe dramatically shifts the pen- information about price and quality or has never been judged. The law said dulum and the equation as it relates to quantity of sales in interstate com- that the Commission’s civil penalties this issue. merce. authority extended to violators of ex- We all know that FERC has pursued As far back as 1921, in the American isting license conditions, not those op- an aggressive restructuring program Column and Lumber case, the Supreme erating without licenses. and to establish regional transmission Court deemed their practice of contem- We do not need heavyhanded enforce- authority—a vital, stand-alone trans- poraneous release of individual prices ment in the electricity area lest we mission business, as the Commission and sale volumes by competitors a vio- scare off investment. Maybe the Com- called it in 1999. Before we enact new lation of antitrust law. mission has changed, but we need to in- law, we need to act to take into ac- That is the law. That is the ruling. quire of the Commission’s intent and count that reality. That is the understanding; therefore, its desire to use this provision in the How does FERC, through the Su- that is the practice. Have we changed law. The only way you get that done is preme Court decision, affect RTO, the it? It appears we have. Is that anti- for the chairman of the committee to regional transmission authority? We competitive? It darn well may be. We convene a hearing, bring the Commis- have already heard their expression ought to know it, and we ought to sion, and build the public record: What pre-Court decision. Now we need to un- know how it impacts the capitalization is your intent, Chairman of the FERC? derstand their intent post-Court deci- of the economic base of this industry. How do you plan to use this title? And sion. Why would you, in an effort to re- Economists say this practice allows a what do you think your parameters are structure the electrical industry of this cartel to enforce its rules. Some of my in your authority? Is it sweeping? I country, shift all of the power that colleagues cry market manipulation at would suggest that it is. And I would once rested in many instances in the 50 the first sign of price increases. Male- suggest that if that authority is real, States’ commissions to a central Fed- factors in the industry could not think as I have interpreted it, and as I think eral authority with phenomenal power up a better scheme of market manipu- the courts have been silent to it, then over the ability of an industry to oper- lation than this one, at least that is do you scare off investment? I think ate and to capitalize and, therefore, my belief. there is a strong possibility you do. All provide service to the consuming pub- This section allows the Commission these points collectively explain my lic? Not one word in the energy bill ad- to exempt commercially sensitive in- grave reservations about moving to- dresses the issue of the regional trans- formation. If we really mean that, we ward the electrical title. mission organization. How can we should ask the Commission to repeal The Senate’s intent, usually ex- enact an electric title without taking the requirements of contemporaneous pressed in jurisdictional committee re- RTOs into account? That authority ap- individual price and volume informa- ports, is missing. We do not have the pears at this moment to be sweeping, tion. And if not, what do we mean by Senate’s intent, unless you can pick it and with substantial impact on the commercially sensitive? Are we simply up haphazardly and piece by piece very title that is currently by amend- going to allow that to be interpreted through the CONGRESSIONAL RECORD. It ment and by process here on the floor by the FERC? Some of their interpreta- is missing. And I fear this omission can in this energy bill. tions took them well beyond the law or only be adverse to many States, includ- Even if we choose to remain silent on the intent of public policy over the last ing my own, that will be affected by this issue, our choice should be a con- several years. this very complex piece of legislation. scious one clearly expressed and based The Edwards Dam case: Never did we FERC, most assuredly, interpreted on a complete record, and at a min- say in the law they had the right to these provisions in ways that would ex- imum after hearings in the committee take down a dam, but they chose to do pand its authority. Few bureaucracies with full jurisdiction. That is what we it—or to at least establish the prece- ever attempt to limit their authority. ought to be doing. That is what we are dent to do so. And FERC has shown very recently not doing. I only cite that as an example be- that it is loathe to limit its authority. I say it is time we step back and cause it does show the extreme power My suggestion is, title II of this bill stand down and pass the energy bill ab- and authority of the FERC. just hands to the Federal Energy Regu- sent this—there is a lot of good stuff in The civil penalties section gives the latory Commission new authority, ex- it, and I hope there is more to come— Commission authority to impose pen- panded authority. And without our ef- and do as we ought to do before com- alties in electric cases beyond what it fective interpretation and/or com- mittee. has now in hydro cases. Unlike refunds, mittee reports, and the expression of In my March 14 floor statement, I civil penalties have no necessary rela- the intent of this Senate as it relates discussed why provisions covering elec- tionship to economic damage. We need to the Supreme Court decision, we have tricity mergers and market-based rates to rest assured that we give this kind set them free, in many instances, to do and a refund effective date give me of authority to agencies that exercise as they would judge is in the best in- concern. good judgment. Here, I fear, we have terest. Are those important issues? You bet not. I need only to reference, as I did ear- your life they are important. I recall the Commission’s use of its lier, the Edwards Dam case. That is the I would like to now address briefly a civil penalty authority in the hydro- one where we gave them no authority couple of the provisions that are also of electric arena, and in particular a note- in the law to take down a dam, but great concern to me—the market worthy case 10 years ago known as the they did. For almost 80 years, the Com- transparency rule and civil penalties. Wolverine hydro. The U.S. Court of Ap- mission never saw fit to interpret part Oh, my goodness, LARRY. What are peals for the District of Columbia told 1 of FPA as giving the authority to you talking about here? I am talking of a case in which the Commission ex- order a licensee of a hydro project to about new authority, new power, and tracted a penalty of $2 million for a take down a dam at the end of its origi- real questions being asked that I be- project that operated without a license nal license term, and for good reason. lieve this title moves. We ought to for a few days a year. I will say that As I have already stated, there is no know about it. again: a penalty of $2 million for oper- authority in the statute for the Com- Market transparency rules: I find the ating for a couple of days a year out of mission to do that. Indeed, Congress title of this section a great misnomer. license. addressed, in 1968, the very issue of In a nutshell, I consider this section Is that reasonable? Is that right? It FERC, with attempting to address, in potentially anticompetitive as any does not sound right, but they had that 1999, in the Edwards case, what happens S2432 CONGRESSIONAL RECORD — SENATE April 10, 2002 to dams at the end of the original li- ference of Mayors, Consumers for Fair that is so very critical to the long-term cense term. Competition, National Electrical Con- stability of the electrical industry and Congress amended part 1 of the Fed- tractors Association, Plumbing-Heat- the electric system of our country that eral Power Act, added sections 14 and ing-Cooling Contractors Association, we have all created phenomenal reli- 15, to allow for the issuance of Air Conditioning Contractors of Amer- ability on, let us step back for a mo- nonpower licenses in the event a li- ica, National Association of State Util- ment and take a look at what we are censee was no longer able to continue ity Consumer Advocates, Transmission doing and make sure we are doing it operating a power project. In addition, Access Policy Study Group, AARP, right. I fear we are not; I fear that we those sections required payment to the Public Citizen, Consumers Union, Citi- lay a great deal of a very fine industry licensee for surrendering its right to zens for State Power, Conservatives for in jeopardy to central all-powerful au- operate the project. Balanced Electricity Reform, Ameri- thority. Bad mistake, wrong choice. So it was a bit of a shock to me when cans for Tax Reform, and the Small I yield the floor. the FERC ordered the main licensee in Business Survival Committee. The PRESIDING OFFICER. The Sen- the Edwards Dam proceeding to stop Those are ones that have just come ator from New Mexico. operating its project and pay the huge to us in the last few weeks, as they had Mr. BINGAMAN. Mr. President, let cost associated with removing the dam. the opportunity to examine the title, me speak for a few minutes in opposi- That is what they did. FERC was even what is in it, and the amendment. tion to this amendment by the Senator shrewd enough to procedurally block There is a good deal more to be said. from Idaho. an appeal to the Federal court. I see colleagues in the Chamber who He stated at the beginning of his So they worked their will outside the are opposed to the amendment. Let me comments that there is a lot of uncer- law. And here we are giving them vast wrap this up with a concluding state- tainty, a lot of question as to how var- new authority, without defining, with- ment. ious markets will evolve. I agree with out prescribing, without sideboards, in My colleague from Wyoming and I that. There is uncertainty as we go for- any way, in my opinion, limiting them, are very committed to building an en- ward. We are trying to craft legislation at least in the backwash or the shadow ergy policy that allows greater produc- that will allow for that uncertainty of a court, saying: Regional trans- tion. My colleague was asked if he but will move us in the direction we mission, FERC, have at it. would help the administration facili- know we need to move. How can we ignore these kinds of ac- tate trying to bring about an electrical Why is it important that we retain tions? We should not. And if we are re- title on which we could agree. He has this section, this title in the bill re- sponsible in writing this kind of de- worked mightily to do so. In some lated to electricity? That is what the tailed bill, we will not. But we have. areas, he has succeeded. But in the amendment offered by the Senator That is why I am here. That is why areas I spoke to, I believed these were from Idaho purports to do; it purports the amendment is before us to strike areas that he could not go, nor could to strip out of the bill the guts of that these provisions and allow the chair- any of us, because we simply don’t section, that title II of our energy bill. man to convene the committee, deal know the impact. That would be a profound mistake for with this separately, and deal with it It is important that we look at the the Senate to go along with. It would responsibly. big picture, as we are trying to define be a profound mistake for the Con- With that knowledge, how can Sen- all of the players within that big pic- gress. I hope very much his amendment ators be comfortable with what is ture, enter the Supreme Court, extend- will be defeated. available and what may become law in ing greater authority or at least clari- Let me start by saying that the rea- this pending legislation? Does anyone fying to FERC what FERC thought it son we believe—the reason I strongly here today seriously doubt that the re- already had. Is it not right, most im- believe and I believe many of us be- cent Supreme Court ruling in favor of portantly, is it not responsible of us, as lieve—that electricity needs to be ad- FERC, in its quest to create a national public policy crafters, to make sure dressed as part of a comprehensive en- grid, will not result in serious disagree- that which we craft works? ergy bill is the same reason that the ments between FERC’s desire to con- There are billions of dollars riding on President gave us, and the Vice Presi- trol restructuring of our electrical sys- this amendment and this bill and this dent when the Vice President issued tem and the individual desire of States title. The reality that if we do it right, the report, the energy plan for the to protect the important ratepayer when every consumer throws the light country over a year ago now. That is, policies within their borders? switch, the light will come on; when that our future supply of energy, the This is a major concern of mine. I am every consumer touches the on button reliability of energy supplies in the fu- not sanguine about all that we have on their computer, the computer will ture, the adequacy of energy supplies done and the way it has been drafted. come on; that moms and dads working in the future, electricity supplies, are That is why I believe that clearly all of will know that their security systems legitimately in question unless we do us deserve the option, deserve the are on and that their children are safe. some things to change our basic laws choice, to make the decision here with The reason I mentioned those things in this regard. this amendment. Do you want it or do was because when you do it wrong, as We need to recognize that this com- you believe that some of what I have they did it in California, all of those mand and control approach to elec- said is valid enough that we ought to things become questioned. When the tricity generation, which we have re- ask the authorizing committee, the lights go down or the lights go out, the lied upon for a century or more, is not committee of responsibility, and its economy of this country shudders. going to meet our needs in the future. professional staffs, to openly engage Let us not be so irresponsible as to We need to recognize that a market- the FERC, and all of those other issues, craft a title without the effective vet- based approach makes more sense. We to allow us to deal with this in an im- ting of it, without the responsible hear- are moving in the direction of permit- portant way? ings, knowing where we are going, tak- ting that where appropriate. There are ample reasons for us to ing authority away from commissions We did have the lights going out in deal with other issues, but let me give at the State level and resting it in a California. That was over a year ago you a couple of those reasons. I have a central all-powerful Federal agency now. Some people have forgotten about list of the organizations that, on exam- without clearly understanding its con- it. Of course, our economy has been in ination of my amendment, and over sequences. a slow period. Folks are once again as- frustration with this title, have agreed What my amendment does is causes suming we have plenty of electricity that they believe it is important to us all to take a deep breath, step back, and our electricity transmission sys- support my amendment to strike: the not rush to judgment, leave in the reli- tem is adequate to our needs, and there American Public Power Association, ability, because we have done that. We is no reason for us to be concerned with Consumer Federation of America, have vetted it. We have been heard on this issue. It would be a profound mis- International Brotherhood of Elec- it. The committee has operated. The take to reach that conclusion. trical Workers, the Electricity Con- Senate has passed it. Deal with the Nobody knows how hot it is going to sumers Resource Council, U.S. Con- consumer protection. But on all of this get this summer. Nobody knows how April 10, 2002 CONGRESSIONAL RECORD — SENATE S2433 much of a demand there will be for amended it on the Senate floor. I be- net metering and real-time pricing, electricity, for air-conditioners in lieve there are some pro-consumer pro- and access to transmission by renew- major cities. Nobody knows whether visions in this legislation. I believe able resources. the transmission system we have today there are some pro-environment provi- I believe very strongly that this bill is adequate to those needs. sions. I believe there are provisions in moves in the right direction. There are What we are trying to do with this here that will tend to ensure that we a lot of things that this bill is accused legislation is put in place some safe- have a greater generation of electricity of doing—this title to the energy bill— guards so that the transmission system in the future. which in fact it does not do. It does not is adequate, so that the additional gen- We have a renewable portfolio stand- provide any vast new authority to the eration of electricity that is going to ard, which many of my colleagues have Federal Government. It does shift au- be required for this country’s economy not favored. But that is in the bill. We thority from the Securities and Ex- in the years ahead will be there. have had three or four votes on that change Commission to FERC, where we One of the points the Senator from issue. The majority of the Senate believe it can be much more effectively Idaho made is that we haven’t had clearly favors retaining that. enforced. The market-based rate sec- enough hearings on this issue. Let me We have strengthened Federal En- tion doesn’t grant new authority to say, I have been on the Energy Com- ergy Regulatory Commission authority FERC to order divestiture of facilities. mittee for some time, nearly 20 years. for market-based rates, including a That is a charge that has been made. I can’t think of anything on which we stronger requirement that FERC act if On transmission, the provision have had more hearings. Let me re- rates are unjust or unreasonable. makes sure that all transmitting utili- count for the Senate the extent of the We have strengthened Federal En- ties are under the same rules. We be- hearings we have had. ergy Regulatory Commission authority lieve there ought to be a uniform set of Beginning in 1997, we had a hearing, a to scrutinize mergers and acquisitions rules for utilities that are transmitting subcommittee hearing on competitive in the electric utility industry, includ- energy from one part of the country to change in the electric power industry. ing expanding that authority to en- the other. This is a national economy That was on August 21, 1997. compass electric utility-gas utility we are in today, and we need a national In 1998, we had an oversight hearing mergers, mergers of holding companies transmission system if we are going to on the recent Midwest electricity price that own utilities, mergers of genera- prosper in this national economy. spikes. In 1999, we had a whole series of tion-only companies. FERC currently The reliability section gives FERC hearings, full committee hearings. does not have authority over any of some new authority. I am pleased to First, we had one on electricity com- these consolidations. We strengthen see that my friend from Idaho does petition generally. Then we had hear- the standards by which mergers must agree that that should be included. The ings in June of 1999 on the Electric be approved to require that FERC de- exact provisions of the reliability sec- Utility Restructuring Empowerment termine that mergers are consistent tion—my friend from Wyoming, Sen- and Competitiveness Act of 1999, which with the public interest, that they do ator THOMAS, and I disagreed on that was legislation we had introduced at not adversely affect captive customers earlier, and he won that argument. The that point. We had hearings on the of utilities. That is a very important Senate agreed to his provisions relat- Federal Power Act amendments of 1999. provision. We are putting into law a re- ing to reliability. That is in the bill. We had hearings on the Comprehensive quirement that FERC make a finding But it is very important that those Electricity Competition Act of 1999. We that if a merger occurs, it will not ad- provisions stay in the bill and that we had six full committee hearings, ac- versely affect a captive customer of a not strip out this section of the bill. cording to the records I have, on that utility. We believe that is an important I believe very strongly that Senator set of issues in 1999. CRAIG’s amendment would be a very In the year 2000, we had an enormous new safeguard. We also require that major blow to our energy legislation. number of hearings. My colleague, Sen- FERC determine that the merger not impair the ability of regulators to reg- This is an issue that has been dis- ator MURKOWSKI, was chairing those hearings. I attended as many of them ulate and not lead to any cross-subsidy cussed, debated, and talked about at as I could, but quite frankly, there between the utility and any other busi- hearings in the Congress for about were more than any Senator could plan ness. three Congresses now—three separate to attend. We had hearings on all as- The latter three conditions are goals 2-year Congresses. The truth is that it pects of this issue. of regulation under the Public Utility is not an easy set of issues to get your The Senator from Alaska referred to Holding Company Act, which is current arms around. The Senator from Wyo- those as workshops so it wouldn’t look law. But here in this legislation we ming, Mr. THOMAS, and his staff, I, and as though we were having that many give those authorities to FERC, which my staff have worked hard to come up hearings on one subject, but we had we believe has a better track record, by with a set of provisions that we believe well over 15 of these so-called work- far, of being a watchdog over the util- does what should be done and moves shops which took testimony, which ity industry. The Public Utility Hold- the country in the right direction. We gave Senators a chance to ask ques- ing Company Act, which is the current had strong support and assistance from tions. law, is supposed to be administered by the administration. In 2001, we had again a series of hear- the Securities and Exchange Commis- Everybody likes to highlight the dif- ings, a great many hearings, quite sion, and they have taken the position ferences between Democrats and Re- frankly, at the full committee on this for the last 20 years that they did not publicans on energy issues. There are set of issues. In 2002, we have also had want that authority, they did not be- some legitimate, valid, and important hearings related to the effect of lieve they were the proper agency to differences on which we are going to Enron’s collapse on energy markets, have that authority. So we are trans- have votes later this week, but this is electric infrastructure, and investment ferring, essentially, that same respon- not one of them. This is an area where needs. That was in August of 2001. We sibility over to FERC, and we are giv- we have had a very conscientious ef- had a hearing, just as recently as Feb- ing FERC the additional power it needs fort, on a bipartisan level, to work ruary of this year, on the amendments to actually enforce the provisions of with the administration to come up to the Public Utility Holding Company that law—the pro-consumer provi- with what we thought was good policy. Act. sions—to look out for ratepayers in a I believe we have done that. So we have had hearings. There is no way that they really never have been I compliment the Senator from Wyo- lack of committee attention to this set in a practical way under the Public ming for his leadership in this regard, of issues. That doesn’t mean the issues Utilities Holding Company Act. in pulling together provisions that he have gotten simple; they have not. But In addition to the renewable portfolio could support and that others could I think we have a good framework here standard, there are a number of other support. So I believe very strongly that in this legislation for moving the coun- provisions to give renewable energy a those provisions ought to remain in the try in the right direction. stronger role in the market. There is a bill. Senator CRAIG’s amendment would Let me just describe, generally, what Federal purchase requirement for re- delete those provisions, so it is an the legislation now contains as we have newable electricity, new standards for amendment I strongly oppose. S2434 CONGRESSIONAL RECORD — SENATE April 10, 2002 I yield the floor, and I know my col- that utility did the power generation would also protect consumers of elec- league from Wyoming is here to speak and distribution. The State took care tricity. on this issue. of that. We have changed it so there The amendment preserves PURPA, a The PRESIDING OFFICER. The Sen- are many market generators who do law that has imposed billions of dollars ator from Wyoming is recognized. not distribute but make it available to of above-market costs to consumers. Mr. THOMAS. Mr. President, I appre- distributors, and it has helped reduce Repealing PURPA has been the con- ciate the comments of the chairman of the price to consumers. That is a dif- sensus for years. We must not continue our committee. I rise also to talk ferent situation, and we have to deal to mandate that utilities agree to high- about this part of our energy bill, with it. cost power contracts. Keeping PURPA which I think is very important. In Since 1978, Congress has been pur- is contrary to protecting the con- many ways, the energy portion of it suing Federal electric policies that sumers. touches more people than any other promote greater competition in whole- The amendment limits FERC author- part. Of course, everybody relies on sale power markets, provide open ac- ity to review mergers. electricity. That is what we are talking cess to transmission grids, and encour- The amendment will make it harder about here. age development of independent power to increase electricity supply by lim- I appreciate the comments of my producers that now build most of our iting authority to order interconnec- friend from Idaho, who expressed his powerplants. tions. concern. Many of the concerns he ex- These policies were developed in a bi- The amendment eliminates reforms pressed, however, are the same con- partisan manner and embraced by both that will accelerate refunds to con- cerns we worked together to try to Republican and Democratic Presidents. sumers. remedy, and indeed we have made some These policies have benefited con- I think it is true the electricity in- changes that reflect the things about sumers. Wholesale power prices have dustry is facing more regulatory uncer- which the Senator from Idaho talked. I fallen 25 percent over the last 10 years. tainty now than ever before. Invest- agree that the process is not quite the Nothing that happened over the past ment in new transmission is almost way I would have had it. I wish we year changes that. We had problems, of nonexistent, and investment in new would have had more time in com- course. We have gotten by those prob- electric power supplies has fallen mittee. Nevertheless, we took a bill, lems. Nothing has changed that. sharply. For the first time last year, and I think we have made it better and The electric industry faces tremen- powerplant cancellations outpaced new we have had it on the floor, and by no dous uncertainty. Investment in new starts. No one wants to invest in new means is it perfect, nor does it com- transmission is lagging, and power- transmission of powerplants until they plete all the work that needs to be plant cancellations in recent months know what the rules are going to be. done in the electrical area. But there is raise serious concerns about the ade- The electricity industry is at an im- no way you are going to complete that quacy of future electricity supplies. portant crossroads. A lot of critical de- now. This uncertainty is due largely to a cisions must be made. We need to get started and to be prolonged transition to competitive Some of these decisions can be made moving. Further improvements can be electricity markets. This transition by FERC; many can only be made by made. I oppose the motion to strike, will not be complete until the Congress Congress. and even though the reliability—which modernizes electricity laws to reflect If the Craig amendment is adopted is important—would remain, I think it changes in electricity markets since and Congress does not act on the elec- is very important that we continue to 1935. This is not a total remedy, of tricity legislation, the transition to move forward with making some course, but this is a movement toward competitive markets will be prolonged, changes in our electric policy. doing what has to be done. investment in new transmission and It seems to me some of the things The time has come to modernize our electricity supplies will fall sharply, that have been talked about here are electricity laws to recognize change in electricity prices will be higher, and the very things we have sought to the electricity markets, in much the reliability will be lower. The elec- change. For example, in one of the sec- same way Congress passed legislation tricity crisis in California and the West tions there was originally major expan- to modernize financial services 2 years will probably recur. sion of FERC’s authority over State ago. Congress has been grappling with The President has called for Senate matters, no time limit on FERC review this legislation for 6 years. We have passage of electricity modernization to and action. In our bill, in the solutions held more than 100 hearings, as the protect consumers and ensure reli- we made, we reduced the expansion of Senator from New Mexico has pointed ability. The President’s plan to FERC authority, raised the threshold out. Six years is long enough. It is time produce more reliable, affordable, and of FERC authority from the review of for the Congress to act. environmentally clean energy is built asset sales from $1 million to $10 mil- The electricity provisions of S. 517 on three core principles: lion, and moved more of the decision- represent consensus. They are the The plan is comprehensive and for- making closer to the people. product of many hours of negotiations ward looking. As to market-based rates, the con- between Senators and stakeholders. It utilizes 21st century technology to cern in the original bill is it gave The Craig amendment would destroy allow us to promote conservation and FERC broad authority to take any ac- this consensus and delay congressional diversify our energy supplies. tion to remedy ‘‘unjust’’ rates. action on this electricity legislation The plan will increase the quality of We changed that. We said FERC can for years. It will take years to put it life of Americans by providing reliable only fix those rates if it is found to be back together. energy and protecting the environ- unjust, and there are six specific cri- I suggest the Craig amendment is a ment. teria and three general criteria. Again, step backwards. The amendment elimi- We have before us an opportunity to it puts a bridle on FERC. nates consensus transmission open ac- start to move in that direction. Is it There were many points the Senator cess provisions that represent a bipar- the total effort? Of course not, we will from Idaho talked about that we indeed tisan compromise that will prevent dis- have to continue to work on it. We have moved toward doing, and that is crimination, promote effective com- need to do that. moving more power and beginning to petition, protect small transmission We have made some forward move- get ready for regional transmission or- owners such as municipal utilities and ments. Of course, one of the major ganizations, RTOs, beginning to make cooperatives, and respect States rights. parts has been reliability. The other the initial move toward having the The amendment preserves PUHCA, a parts contribute a great deal to mak- necessary transmission. law that is outdated and should be re- ing it possible and urging people to in- One of the things that has happened, pealed. Every President since 1984 has vest in the infrastructure that has to and there have been great changes, is supported PUHCA repeal. PUHCA re- be there, whether it be transmission or we basically deregulated generation. In peal will provide FERC with ample au- generation. I look forward to a time the past, if a utility served an area thority to protect consumers against when we have RTOs, regional trans- around western Virginia, for example, inappropriate mergers. State laws mission organizations, that can come April 10, 2002 CONGRESSIONAL RECORD — SENATE S2435 off an interstate highway movement of cently the grid handled 20,000 transactions a some of the specifics so each Member’s generated electricity so that we can in- year; now it’s more like 20,000 transfers in a office and each Member understands deed have a marketplace. single day during peak periods. the significance of what this renewable I suggest we move forward with the The result is chronic hot spots of conges- tion that can result in price spikes or even portfolio means to them or their own bill as it is and not accept the Craig rolling blackouts. FERC estimates the cost individual constituents. amendment. Now is not the time to re- of these hot spots the past two summers at Oftentimes we get enamored with the treat from the advances we have made $1 billion, and things will only get worse: reality that the renewable is free; it is in serving the American people with Transmission use this decade is expected to a renewable. Therefore, it really does electric energy. grow 20% to 25%, but new capability will in- not cost us anything, and as a con- Mr. President, I yield the floor. crease by only 4%. sequence we ought to get aboard and The PRESIDING OFFICER (Mr. NEL- Why not build more transmission lines? support it. Well, people don’t want hideous lines run- SON of Florida). The Senator from New Senator CRAIG’s amendment proposes ning through their back yards, and the 50 Mexico. states, which have jurisdiction over siting, striking the electricity title of the Mr. BINGAMAN. Mr. President, I aren’t eager to force lines on communities if Daschle-Bingaman amendment, as thank my colleague from Wyoming for the power those lines carry is going else- modified by the bipartisan amendment, his comments. Let me raise for the where. Second, new lines are expensive and and replacing it with the Senate-adopt- Senate’s attention one other voice that firms don’t want to make huge investments ed reliability provision and the con- has spoken out strongly in behalf of because of the political uncertainty of elec- sumer protections of the underlying what we are trying to do in our elec- tricity deregulation. Third, utilities say the Daschle amendment. I think a couple tricity title to the bill and in opposi- rate of return allowed on transmission lines of comments are in order relative to is too low. tion to the Craig amendment. It is The current mess has also generated all the title that Senator CRAIG proposes something I seldom quote because I sorts of anti-competitive behavior. Since to delete. seldom agree with it, but this is the local utilities have control over their trans- When the original Daschle amend- Wall Street Journal editorial page of mission lines, they can favor their own gen- ment was introduced, I was concerned, March 7, 2002. It has an editorial enti- eration over cheaper power coming from the as I indicated, about its electricity pro- tled, ‘‘Keep the Lights On.’’ It starts outside. Plus, the very possibility of cheaper visions. They were seriously flawed. We out by saying: power makes it less likely that utilities will gave some examples of those concerns. build more lines if those newer lines can be It is a $225 billion industry, and it’s a hor- As originally written, the Daschle used by outsiders. rid mess. We refer to the electric power in- The good news is that FERC has proposed amendment would have empowered the dustry, but the U.S. Supreme Court just took a sensible step toward straightening out this Federal regulators to micromanage the a helpful step toward fixing the messiest bird’s nest. FERC’s idea is to collect all this marketplace. I think most Members part of it—transmission—and keeping your transmission into four big, regional areas— were fearful that was not in the best lights on. in the Northeast, Southeast, Midwest and order of the marketplace nor appro- They go on to talk about how they West—make these regional grids inde- priate for the Federal regulators to believe FERC needs this authority to pendent of local utilities and give them the dwell in that area. do what it is trying to do. The Supreme authority to manage electricity flow across As originally written, the Daschle these larger areas. Some conservatives are Court has indicated they believe they amendment would have allowed the have that authority. Our legislation, as afraid this will result in a fiendish ‘‘fed- eralization’’ of transmission. Nonsense. FERC, the Federal Energy Regulatory worked out between myself and Sen- FERC’s plan will make it possible to ration- Commission, to order electric utilities ator THOMAS, does incorporate those alize service and permit greater competition. to divest assets. Further, as originally provisions. The Bush Administration agrees with written, the Daschle amendment would The last paragraph of that editorial FERC, and now the Supreme Court says the have preempted the States, giving says: agency is acting legally. Congress could also FERC the authority to regulate the The Bush Administration agrees with lend a hand here and, as part of its energy many aspects of retail matters instead FERC, and now the Supreme Court says the bill, give FERC clear jurisdiction over the transmission grid. We believe in federalism of State public utility commissions. So agency is acting legally. Congress could also again, it would have given FERC broad lend a hand here and, as part of its energy as much as anyone, but a national economy bill, give FERC clear jurisdiction over the needs a better national grid. authority on many aspects of retail transmission grid. We believe in federalism Mr. BINGAMAN. I yield the floor. matters, instead of the State public as much as anyone, but a national economy I suggest the absence of a quorum. utility commissions. For those of us needs a better national grid. The PRESIDING OFFICER. The who believe local control and regula- Mr. President, I ask unanimous con- clerk will call the roll. tion is more responsive than one size sent this editorial be printed in the The assistant legislative clerk pro- fits all, that was troublesome. RECORD. ceeded to call the roll. Further, as originally written, the There being no objection, the edi- Mr. MURKOWSKI. Mr. President, I Daschle amendment did not deregulate torial was ordered to be printed in the ask unanimous consent that the order and allow the market to work. Instead, RECORD, as follows: for the quorum call be rescinded. it had government pick winners and KEEP THE LIGHTS ON The PRESIDING OFFICER. Without government pick losers and decide It is a $225 billion industry, and it’s a hor- objection, it is so ordered. what is in the consumers’ best interest. rid mess. We refer to the electric power in- The Senator from Alaska. In short, as originally written, the dustry, but the U.S. Supreme Court just took Mr. MURKOWSKI. Mr. President, I Daschle amendment was a return to a helpful step toward fixing the messiest will give my colleagues a little history the old-fashioned Federal command part of it—transmission—and keeping your and background because I do not think and control of the market. But we have lights on. there has been an awful lot of identi- come some way since the introduction The High Court ruled unanimously this fication as to the credit and penalty of the Daschle amendment, and what week that the Federal Energy Regulatory costs associated with the renewable we have now is the reality that the Commission, aka FERC, has the power to portfolio standard. Senate has agreed to a series of amend- force investor-owned utilities to open up their power lines to competitors. Now maybe I commend the majority leader for ments authored by my good friend Sen- FERC can go ahead with building a more his work, our staff, and the Senator ator THOMAS, most of which was done sensible national power grid. from Wyoming as well. What I think by unanimous consent. I appreciate The problem starts with a system of wires we have done is, first of all, we have working with the majority on that. carrying juice that is outdated, inadequate made some progress. We have debated Senator THOMAS’s amendments ad- and under increasing stress. The national de- an amendment that would have man- dress many of the key problems with livery grid consists of three major systems— dated a 20 percent renewable. I believe the Daschle bill, including reliability. one each in the East, the West and Texas that was by Senator JEFFORDS. We So I think we have made progress. Had (which is another story entirely). But these grids aren’t an integrated network. They have, I think, by amendment, strength- those not been adopted, I very possibly connect only through tie lines where power ened the energy bill, and I think it is would have found it necessary to offer must be converted from alternating current time, in view of the amendment offered a motion to strike the electric title. to direct current and back again. Until re- by Senator CRAIG, to again highlight With these amendments, we now have a S2436 CONGRESSIONAL RECORD — SENATE April 10, 2002 bill which, No. 1, protects consumers; We saw the price spikes that occurred There were fewer than 50 amendments No. 2, it streamlines regulation; and, because there was not enough power, on the Republican side and over double No. 3, it enhances competition while not because there are not enough wind- that amount on the Democratic side. preserving State authority. It ensures mills in California. So as it currently Republican amendments were all en- reliability of the grid, allows regional stands, the electric title is greatly im- ergy related; Democratic amendments flexibility, and promotes renewable en- proved from where it started. However, included Medicaid and voting rights. ergy and other types of generation. it still needs considerable work. Over the recess, this side of the aisle One might ask, with the adoption of I have a chart behind me, and hope- worked to pare down its list of amend- these amendments: Are the electricity fully we have a pointer, but I want to ments and is reducing it dramatically provisions perfect? Well, the answer is explain a little bit about this cost be- to a realistic number of only a handful no. They are better, but there is a lot cause I think it is paramount to the which should require votes. As I under- of work that needs to be done. Where is discussion. What we have over a period stand, there are nearly 85 to 95 amend- it going to be done? In conference or of time from the year 2005 is the esca- ments on the Democratic side of the other places, or perhaps on the Senate lating costs per year of renewables. It aisle. The only filibuster I know of is floor. I think that is one of the reasons basically runs, starting in the year on the other side of the aisle, being we should take a look at this matter 2005, roughly $12 billion a year. So if we pledged by Senator LIEBERMAN and one more time. go from 2005 to 2017 or 2018, the overall Senator KERRY. For example, the reliability still con- cost accumulated over 13 years is about I want my colleagues to know, and tains, in my opinion, an unrealistic re- $88 billion. That is what it will cost. It the majority leader specifically, that I newable portfolio mandate that is is $12 billion, roughly, per year. am willing to enter into a time agree- going to cost consumers more than $12 The red on the chart indicates the ment with the majority leader this billion per year and which undercuts penalty payments which will cost an morning or any other time, to secure the ability of States to craft a renew- additional $12 billion. So we are look- an up-down vote on the ANWR amend- able portfolio program that protects ing somewhere in the area of roughly a ment which I intend to offer later this their consumers and recognizes local $100 billion cost to the consumers as a week. Again, so my colleagues under- needs and concerns. consequence of the mandate of a 10 per- stand, I am willing to enter into a time With regard to the cost to consumers cent renewable portfolio standard agreement with the majority this of the renewable portfolio standard of being dictated by the Congress of the morning to secure an up-down vote on 10 percent, if we take one area of the United States. the ANWR amendment which I intend country, Connecticut Light and Power, Maybe many Members believe it is to offer later this week. I am inclined, the customers of that particular utility worth that. I don’t think we should unfortunately, to assume that the ma- are going to have to pay another $9.5 have mandated this from the stand- jority leader would not agree, but I million per year. That is going to be point of one size fits all. Many States offer it anyway. split up. have addressed the renewable matter This legislation is certainly a pri- Florida Power and Light, of interest with their own proposals. That would ority from our side of the aisle. It is a to the present Presiding Officer: That have been much better. However, this priority for the administration. I am is going to cost the consumers of Flor- is what the consumer faces. willing to stay night and day to get the ida $264 million per year. That is going Make no mistake, when the calls bill done, get it to conference, and on to be spread out. start coming in, each Member’s office to the President as soon as possible. To suggest this renewable mandate is had better be prepared for an expla- With the issues emanating from the free is not only misleading but totally nation of why the rates are higher to Middle East, clearly there is justifica- inaccurate. counter the presumption that somehow tion for moving as rapidly as possible. Georgia Power: It is going to cost the renewables are basically available at I don’t want anyone to be fooled by any consumers of that utility $223 million no cost to the consumer. musing that we are filibustering this per year. I suggest the absence of a quorum. bill. The facts simply do not support Out West, Hawaiian Power, far West: The PRESIDING OFFICER. The this. $22 million more a year. clerk will call the roll. I suggest the absence of a quorum. Commonwealth Edison in Chicago: The assistant legislative clerk pro- The PRESIDING OFFICER. The $232 million more a year. ceeded to call the roll. clerk will call the roll. Now, that is what the mandate cov- Mr. MURKOWSKI. Mr. President, I The assistant legislative clerk pro- ers. I could go on into each utility and ask unanimous consent that the order ceeded to call the roll. break it down because we have that in- for the quorum call be rescinded. Mr. BINGAMAN. Mr. President, I ask formation. So if we recognize, as each The PRESIDING OFFICER. Without unanimous consent that the order for Member and as each office should, the objection, it is so ordered. the quorum call be rescinded. cost to the consumer and the realism Mr. MURKOWSKI. Mr. President, The PRESIDING OFFICER. Without that the consumer is not going to be some remarks were made by the major- objection, it is so ordered. motivated to respond to the Members ity leader last night that I think need Mr. BINGAMAN. Mr. President, I will until such time as they see it on their to be countered. I will take a moment propound a unanimous consent request utility bill, they are going to say: Hey, to respond to some of the statements in a minute, but before I do, let me in- what happened? Is this a surcharge? he made last evening. dicate I think this is the 15th day we What is this? This is going to be the Last night, some members of the ma- have been on this bill. Frankly, we are cost associated with the renewable jority accused the Republican side of not able to move to conclude debate on mandate. the aisle of attempting to filibuster the this bill because we have so many Sen- Again, I think it undercuts the abil- energy bill. Nothing could be further ators with amendments that they are ity of the States to craft their own re- from the truth. Since the debate on not willing to bring to the Senate floor newable portfolio programs and protect this issue began, we have disposed of 49 to file as amendments and to call those their consumers and recognize local amendments, 21 offered by Republicans amendments up and offer them. We are needs and concerns, because this is a and 27 offered by the Democratic side. not trying to keep anyone from offer- one-size-fits-all. Countless other amendments have been ing an amendment, but we clearly need I would have preferred to have seen worked out off the floor with the ma- to begin to narrow down the number of the States have the ability to address jority, and I compliment the majority amendments that are potentially going their responsibility on renewables, but leader and the chairman, Senator to be offered on this bill. the majority prevailed and that amend- BINGAMAN, as well as the staffs who Let me make my unanimous consent ment did not carry. have been working on these amend- request and see if we can get agree- In addition, the electric title still ments. ment. does not address the need for new elec- Prior to the recess, the cloakroom I ask unanimous consent the list that tric generation and transmission. We asked for a potential list of amend- I will send to the desk be the only first- saw the California blackout situation. ments from each side of the aisle. degree amendments remaining in order April 10, 2002 CONGRESSIONAL RECORD — SENATE S2437 to S. 517, except for any first-degree he thinks there needs to be some speaks without a whole lot of knowl- amendments which have been offered change in this renewable aspect which edge. But I don’t agree with him about and laid aside; that these first-degree is in this title. I do not argue with an amendment that was agreed to by a amendments be subject to relevant sec- that, but I certainly do not think that quick unanimous consent basically re- ond-degree amendments; that upon the ought to keep us moving forward with pealing PUHCA. I think it was a big disposition of all amendments, the bill our general approach in electricity. If mistake. I would like to see at least be read the third time and the Senate there were to be an amendment—there FERC beef it up so we make sure we proceed to the consideration of Cal- are amendments filed that would deal have some protection against more endar No. 145, H.R. 4, the House-passed with that specifically. We should do mergers, vis-a-vis more acquisitions, energy bill, and all after the enacting that. But that ought not be the cri- and more monopoly power. I don’t wish clause be stricken and the text of S. terion for us eliminating the things to see just a few companies dominating 517, as amended, be inserted in lieu that will help us move forward with these markets. I think it is very much thereof; that the bill be advanced to the electric title. to the detriment of ordinary citizens third reading and the Senate proceed I have had occasion in past years to and consumers. to vote on passage of the bill; that work quite closely on electricity and The problem with the Craig amend- upon passage, the Senate insist on its energy. I am very anxious that we do ment is—and the reason I am not going amendments, request a conference with move towards modernizing the system. to support it, and I will come back the House on the disagreeing votes of For example, we need to move towards with an amendment to try to deal with the two Houses, and the Chair be au- more transmission in a State such as where I think we still have some gap. I thorized to appoint conferees on the Wyoming where we have the highest know that there are some provisions in part of the Senate; providing further production of coal of any State in the the bill that try to maintain the con- that S. 517 be returned to the calendar, country. Coal is one of our best sumer protection. But with the PUHCA with this action occurring with no fur- sources, of course. However, if you repeal, I think we have some big gaps. ther intervening action or debate. have mine-mouth generation, which is I would like to come back with an Mr. THOMAS. Mr. President, on be- the most efficient, then you have to amendment to fill some of those. half of the floor leader, I object at this have a way to get it to market. But I can’t support this amendment. time. Clearly, there are things we need to This amendment basically repeals the The PRESIDING OFFICER. The ob- do. But, clearly, we cannot wait. We whole section of the bill. Albeit, I jection is heard. have to get going and move on and would rather have 20 percent, but Mr. BINGAMAN. I indicate for all begin to really deal with an issue that somewhere around 10 percent or 8.5 per- Senators we will undoubtedly have to is difficult. I have been around here a cent on a renewable portfolio for elec- renew this request later today or per- while. I talked a lot about electricity. tricity is really important. That is haps tomorrow. I have been on the committee. Also, as very important for my State of Min- nesota. We are fast approaching that point I said, I worked on this in the private I was in East Grand Forks the other where the majority leader is going to sector. It is very complicated and for day. You should never do these cafe have to move to other legislation. We everything you seek to do, there are visits—I am being facetious—because cannot devote the entire year on the different views, and I understand that. there is no control. People show up. Senate floor to consideration of an en- But as the President said and the ad- There might be television. You never ergy bill where Senators refuse to offer ministration said, it is time to move know what people are going to say to their amendments. forward and make some progress. you. You might not like what they say. I do not accuse anyone of filibus- There will be other ideas. There will be That is probably why it is the best tering, but I certainly do believe Sen- other bills. There will be other hear- place to be. It is certainly not control- ators have been slow to define precisely ings. There will be other consider- lable. what they want to offer by the way of ations. But we have the basis here for This one farmer wanted to debate me amendments to bring them to the floor moving more of the authority to the about ANWR: We should be drilling for and to let us vote. States. We have the basis here for mak- oil. I said: We are in Minnesota. What Senator CRAIG from Idaho has offered ing it less complicated. We have the are you talking about oil for? We are an amendment with which I strongly basis for moving forward toward mak- not oil rich. We don’t produce any oil. disagree, with which my colleague ing it a more modern system. By try- As a matter of fact, we are a cold- from Wyoming strongly disagrees. We ing to do away with that title, we re- weather State. When we import oil and are going to have a vote on that. I com- move the progress we are making. I natural gas, we export our dollars. We pliment the Senator from Idaho for of- yield the floor. export over $10 billion a year. But we fering an amendment and letting the The PRESIDING OFFICER. The Sen- are rich in wind. Senate express its will on this impor- ator from Minnesota. I was at Dan Jewels’ Woodstock wind tant issue. Mr. WELLSTONE. Mr. President, I farm. It is incredible. There is so much We will renew this unanimous con- want to speak on the amendment, but excitement in farm country and rural sent request later today or tomorrow, I ask unanimous consent to first de- Minnesota about wind, about biomass, so we put all Senators on notice that vote 5 minutes as in morning business. about electricity, about renewable we are anxious to see their amend- The PRESIDING OFFICER. Without fuels, that portfolio about saving en- ments and we are anxious to conclude objection, it is so ordered. ergy, efficient energy use, clean tech- work on this bill. (The remarks of Mr. WELLSTONE are nology, small businesses, more jobs; I yield the floor. printed in today’s RECORD under keep capital in communities and be re- The PRESIDING OFFICER. The Sen- ‘‘Morning Business.’’) spectful of the environment; don’t keep ator from Wyoming. Mr. WELLSTONE. Mr. President, barreling down the same old fossil fuel Mr. THOMAS. Mr. President, I rise to Brian Baenig works for me. He does path; we don’t need more global warm- say I agree with my friend. We do need great work for me. He is on the floor. I ing. to move forward. We have someone cur- might not get a chance to speak again. I come from a State where we love rently who is in the process. Hopefully, Brian is working up some great talking the outdoors. We don’t need more we can do it in a little later time. points for me. I could be more specific. warnings, if you are a woman expecting I observe also there are a whole list I apologize. I wish to spell out my posi- a child, about being very careful when of amendments on both sides. This is tion on this amendment. eating walleye—a great eating fish, by not a partisan issue. We need to move First of all, I said to the Senator the way—from our lakes; or, if you forward. from New Mexico before that I would have small children, you should be Further, let me comment a little on try not to get into too much of the sort careful. It is outrageous—air toxins, the remarks of the Senator from Alas- of flowery oratory where it seems as if mercury poisons, acid rain. We don’t ka. I certainly agree with him. I am de- it is insincere. I think he is probably need more of it. lighted he is in support of maintaining one of the best Members of the Senate There is a baby step in the bill. Sen- this electricity title. He does mention and is very substantive. He rarely ator BINGAMAN has done a masterful S2438 CONGRESSIONAL RECORD — SENATE April 10, 2002 job of trying to deal with lots of dif- respect to that amendment prior to a They further state: ferent viewpoints and politics. One per- vote in relation to the amendment, and If oil companies, government agencies and son’s solution is another person’s hor- that no second-degree amendment be in environmentalists approach the development ror. People just have different views. order to the amendment prior to a vote of the refuge with comparable care, disaster But for my part, I don’t want to com- in relation to the amendment, with the should be avoidable. pletely eliminate this renewable port- time equally divided and controlled in They acknowledge, if you will, that folio for electricity. It is too important the usual form. we completed an 800-mile pipeline from for my State. The PRESIDING OFFICER. Is there the Arctic Ocean to Valdez. They say I can’t vote for this amendment. I an objection? 1,000 miles, but it is obviously less than think it would be a mistake. I hope it Without objection, it is so ordered. that. The significance of that is the ac- will be defeated. I hope we can do Mr. BINGAMAN. Mr. President, I knowledgment that it was done safely. something about figuring out perhaps yield the floor and suggest the absence It is now about 28 years old. It con- just some stronger consumer provision of a quorum. tinues to be one of the construction in relation to the PUHCA repeal. The PRESIDING OFFICER. The wonders of the world and continues to I will finish by saying we will come clerk will call the roll. supply this Nation with about 20 per- back to this. We will come back to this The legislative clerk proceeded to cent of the total crude oil produced by again if there is an amendment out call the roll. the United States. The New York here for oil drilling in ANWR. It will be Mr. THOMAS. Madam President, I Times, obviously, supported that. the same issue. I don’t even think the ask unanimous consent that the order Then in an editorial in June of 1988, debate is whether or not it is only 6 for the quorum call be rescinded. they said: The PRESIDING OFFICER (Mrs. months of oil or whether or not it is . . . the potential is enormous and the en- not recoverable for 10 years. I know all CLINTON). Without objection, it is so vironmental risks are modest . . . the likely of those statistics. I think it is simply ordered. value of the oil far exceeds plausible esti- a matter of another issue, which is, Mr. THOMAS. Madam President, I mates of the environmental cost. what path we want to go down. I think ask unanimous consent to speak as in . . . the total acreage affected by develop- we have a different path now before us, morning business. ment represents only a fraction of 1 percent of the North Slope wilderness. a different future. Renewables is part The PRESIDING OFFICER. Without of it. I don’t want to repeal this whole objection, it is so ordered. Then they further state: (The remarks of Mr. THOMAS are lo- section because it is too darned impor- . . . But it is hard to see why absolutely cated in today’s RECORD under ‘‘Morn- tant to my State of Minnesota. I am pristine preservation of this remote wilder- ing Business.’’) not just being Mr. Politician. I also ness should take precedence over the na- Mr. THOMAS. I suggest the absence tion’s energy needs. happen to think it is too important for of a quorum. Let me repeat that. They say: our country. The PRESIDING OFFICER. The Every time somebody comes to the . . . But it is hard to see why absolutely clerk will call the roll. pristine preservation of this remote wilder- floor and says, my God, the Middle The legislative clerk proceeded to ness should take precedence over the na- East; now we should drill for oil in call the roll. tion’s energy needs. ANWR, or do this or that, it is as if we Mr. MURKOWSKI. Madam President, Then March 30, 1989, they say: have no other alternative. We have a I ask unanimous consent that the order lot of alternatives. Probably about 80 . . . Alaskan oil is too valuable to leave in for the quorum call be rescinded. the ground percent of the people in the country The PRESIDING OFFICER. Without . . . The single most promising source of agree. I think the big problem is some objection, it is so ordered. oil in America lies on the north coast of of the oil producer interests still have Mr. MURKOWSKI. Madam President, Alaska, a few hundred miles east of the big lots of power. I call attention this afternoon to an ar- fields at Prudhoe Bay. I do not think we should eliminate ticle that appeared in the New York They are talking about ANWR: the whole section. I think the Craig Times. It is entitled ‘‘The Missing En- . . . The single most promising source of amendment is mistaken for that rea- ergy Strategy.’’ I want to quote it. The oil in America lies on the north coast of son. I think my colleague from Idaho is paper details what they describe as: Alaska, a few hundred miles east of the big right to address the problems with Washington’s sorry failure to devise a fields at Prudhoe Bay. PUHCA but wrong to also eliminate balanced strategy to reduce America’s Furthermore: some very good work, albeit a small reliance on gulf imports and give itself . . . Washington can’t afford to treat the start that Senator BINGAMAN and oth- greater maneuvering room in the war [Exxon Valdez] accident as a reason for fenc- ers have done, and of which I am very on terrorism and other foreign policy ing off what may be the last great oilfield in the nation. proud. issues as well. There are two things which are im- I think the paper is correct. We des- Here they are in 1987, in 1988, and portant for me: Renewable portfolio perately need to reduce our dependence again in 1989. One would assume the electricity, and also the renewable on foreign oil and free ourselves from New York Times would be consistent. fuels part, which I think for all of us is the dangerous influence that leaders As I indicated in their editorial of yes- a win-win. such as Saddam Hussein have over the terday, they said: I will support the chairman of the future of American families. Washington’s sorry failure to devise a bal- Energy Committee in opposition to Let me refer to the New York Times anced strategy to reduce America’s reliance this amendment. specifically because they have a mixed on Gulf imports and give itself greater ma- I yield the floor. message on relief. They are criticizing neuvering room in the war on terrorism and other foreign policy issues as well. Mr. BINGAMAN. Mr. President, I Washington’s sorry failure to devise a Madam President, as we look at suggest the absence of a quorum. balanced strategy to reduce America’s where we are today and recognize the The PRESIDING OFFICER. The reliance on gulf imports. tremendous vulnerability this Nation clerk will call the roll. This chart shows a chronology of the has undertaken as a consequence of in- The senior assistant bill clerk pro- editorial position of the New York creasing our dependence on imported ceeded to call the roll. Times over time. In 1987, they said: Mr. BINGAMAN. Mr. President, I ask oil, and we realize that within the last Alaska’s Arctic National Wildlife Refuge few days with the announcement by unanimous consent the order for the . . . the most promising untapped source of quorum call be rescinded. oil in North America. Saddam Hussein that he will terminate The PRESIDING OFFICER. Without for 30 days oil production from Iraq and They further state: objection, it is so ordered. then with the followup activity in Ven- Mr. BINGAMAN. Mr. President, I ask A decade ago, precautions in the design ezuela by PDVSA, which is a govern- and construction of the 1,000-mile-long Alas- unanimous consent that the Craig ka pipeline saved the land from serious dam- ment-owned oil company, that has amendment No. 3047 be set aside, to age. They are quite specific. They say that gone on strike, this Nation is now de- recur at 1:45 p.m.; that the time be- ‘‘precautions in the design saved the land void of 30 percent of its total oil im- tween 1:45 and 2 p.m. be for debate with from serious damage.’’ ports. April 10, 2002 CONGRESSIONAL RECORD — SENATE S2439 If we add up what we get from Sad- $10,000 to $25,000 the payment to sur- South Carolina. It is a very large piece dam Hussein, Iraq, nearly 1 million vivors of anyone who, as a target of of real estate. This is the area that is barrels a day, plus the production from terrorism, gives up their lives to take in question because out of this 19 mil- Venezuela, that constitutes 30 per- out other lives associated with the ac- lion acres, this is the only area that cent—Madam President, 30 percent—of tivities in Israel. He will pay that fam- Congress has the authority to open be- this country’s imported oil. ily $25,000. cause the rest of the area is in two Where are we going to pick up the That is certainly an incentive for classes. One is a wilderness and the difference? It is interesting because the those willing to give up their lives and other is a wildlife refuge. There is 8.5 Saudis have indicated they have un- make a sacrifice in their religious be- million acres in a wilderness set aside used capacity. So the Saudis are pre- lief associated with consideration or in perpetuity, and that is this light paring, at least we understand, to payment for taking the lives of other color. The darker buff color is a refuge, make up the difference. I wonder how individuals. and that is about 9 million acres. This that is going to set with the Arab What is funding that? Where does 1.5 million acres is what is at risk, and world. I wonder how that is going to Saddam Hussein get the money to pay the New York Times now says the ‘‘rel- set with Iran, Libya, and clearly Sad- survivors of those who initiate an ac- ative trivial amounts of recoverable dam Hussein. tion taking their own lives and taking oil.’’ Furthermore, isn’t it rather ironic the lives of many others? It is obvious. We may have some indication of that on the one hand we find ourselves It comes from oil. That is the cashflow what amount of oil there might be, but dealing with a nation such as Iraq, a that Saddam Hussein has, and every it is a guess because the geologists nation where we have been, for all time we go to the pump, we are adding have never been allowed into this area practical purposes, in a standoff enforc- to Saddam Hussein’s cashflow indi- and they have never been able to deter- ing a no-fly zone since 1992. We have rectly because while Saddam Hussein is mine through the 3D seismic what this maintained almost what would be com- initiating the export from Iraq of about area might contain. They have esti- pared to an aerial blockade. We have 1.1 million barrels a day, it is the fast- mates based upon 2D geological ad- put the lives of our men and women at est growing source of United States oil vanced efforts prior to 1980, but we do risk since 1992. We have bombed Iraq imports. So American families are know we have a new technology that three times already this year. He has counting on Saddam Hussein for en- makes the footprint smaller. I might attempted to take our aircraft down. ergy, and in so counting on Saddam add, this came out of the New York We have put the lives of our men and Hussein, we are basically furthering Times. This is their science. This gives women at risk. the incentive for those who want to an idea of the new technology. When The quid pro quo for that is an incon- sacrifice their lives to initiate a ter- one used to drill, they drilled straight sistency in foreign policy. On the one rorist attack such as using themselves down and either hit or did not hit. hand, we import his oil, we put it in as a human bomb. With 3D seismic and directional drill- our planes and bomb him, and he takes Maybe I am missing something, but I ing, the footprint from one well can be our money and keeps his Republican do not know what it is, and nobody has many derivatives. One could poke out Guard alive and develops weapons of pointed it out to me specifically. here through directional drilling, down mass destruction and aims them at our Going back to the New York Times, here, or down here, pick up all of these ally Israel. He may have biological there was a recommendation back in other areas, which makes the latest weapons. He clearly has a delivery sys- 1987, 1988, and 1989, and today we have drilling technology applicable to re- tem. a criticism from the New York Times duce environmental damage. Then where are we with our relation- that Washington is a sorry failure be- The technology that is used is very ship with the United Nations? We had cause we have not devised a balanced different. We use ice drills, and I will an understanding in the U.N. Oil for strategy. show a picture of that in a minute, but Food Program that we would have in- The current position of the New York before I do, I want to take this chart spectors in Iraq and we would be able Times is contrary to that as expressed down because I want to reflect a little to observe just what Saddam Hussein in editorials of March of 2001 and Janu- bit on the issue of trivial amounts. All was up to. We have not had any inspec- ary of 2001, and it is rather ironic. I we know is that the estimate of re- tors there for over 2 1⁄2 years. As a con- will share the current position as late serves is between 3.5 and 16 billion bar- sequence, we are left with the reality as March of last year and in January of rels. That is what the USGS has indi- that we really do not know what he last year. I quote from the January 1 cated, somewhere in between. How do has. New York Times: The country needs a we relate to that? The only way we can Let’s take this chronology a little rational energy strategy but the first relate to it is in comparison to what we further. We had reason to believe that step in that strategy should not be to have produced in Prudhoe Bay. terrorism was a threat to the United start punching holes in the Arctic Ref- Prudhoe Bay has been online 27 States. We had some reason to believe uge. years. Its production was estimated to that al-Qaida, Afghanistan, and bin Finally, as this page has noted many be 10 billion barrels. That was all. Laden were potential threats to our times before, the relative trivial Today it is producing its 13 billionth Nation, but we do not have any solid amounts of recoverable oil in the ref- barrel. It is still producing a million evidence that they were about to un- uge cannot possibly justify the poten- barrels a day. It is still the largest pro- dertake those events on September 11, tial corruption of a unique and irre- ducing field in the United States. events which utilized for the first time placeable natural area. So if we say Prudhoe Bay was sup- an aircraft as a weapon. They say the ‘‘relative trivial posed to be 10 billion and it is now 13 We see this pattern unfolding where amounts.’’ What are we talking about? billion, the reason it is still producing clearly had we had the intelligence, we Does anybody know how much oil is in at a high rate is the new technology might have been able to intervene in ANWR? If we look at this large chart, that did not exist 27 years ago for oil preventing that disaster that changed we can get somewhat of a picture and recovery. So they are getting greater America. get an understanding because over in utilization out of the field. Do we have the same exposure, the the black there is this 800-mile pipe- Back to what this trivial amount same potential with Saddam Hussein? line. That infrastructure is already in might be, 3.5 to 16 billion. If it is in the If he is developing weapons of mass de- place. It was built in the 1970s. That middle, it is as big as Prudhoe Bay. struction, as we have every reason to particular pipeline, when Prudhoe Bay That would be 10 billion barrels. How believe he is, the question is, When is was operating at full capacity, was big was Prudhoe Bay? Twenty-five per- he going to use them and who is he about 2 million barrels a day. Today it cent of our total crude oil production going to use them on? is a little over a million barrels a day. for the last 27 years. Let’s take this a little further as we So the capacity for increased oil devel- So I did a little press report today on advance the realities of just what Sad- opment is clearly there. the so-called reserves. One of my dam Hussein is up to. He has an- This is the ANWR area. It is 19 mil- friends from the State of Oregon indi- nounced he is going to increase from lion acres. It is the size of the State of cated it was only a 6-month supply. I S2440 CONGRESSIONAL RECORD — SENATE April 10, 2002 had thought we had put that argument we have not devised a strategy to re- would increase efficiency standards for air- to rest. A 6-month supply is what some duce our dependence, be printed in the conditioners by 30 percent. The Senate of those on the other side have indi- RECORD. should also preserve a useful provision that cated is what this reserve is. Well, There being no objection, the mate- would require companies to give a public ac- counting of their production of carbon diox- okay, let us look at it. If this reserve is rial was ordered to be printed in the ide and other so-called greenhouse gases. On somewhere between 3.5 and 16 billion RECORD, as follows: the supply side, it can take steps to improve barrels, and let us say it is 10, and they [From the New York Times, Apr. 10, 2002] the reliability of the nationwide electricity say it is a 6-month supply, then what is THE MISSING ENERGY STRATEGY grid, while increasing incentives for smaller Prudhoe Bay? It was supposed to be 10. The events of the past year—prominently, and potentially more efficient producers of Now it is 13. Was it a 6-month supply? a power crisis in California and the terrorist power. No. It has been producing for 27 years, attacks on Sept. 11—gave the nation many These are modest measures, less ambitious producing 25 percent of the total crude reasons to re-examine its energy strategy. than the Senate’s original agenda. But at least they point in the right direction, to- oil produced in the United States. Now comes another: Saddam Hussein’s deci- sion to halt oil imports to the United States, ward a strategy that includes conservation This 6-month supply is only valid— as well as production. and I wish my colleagues on the other at least temporarily, in retaliation for Wash- ington’s support of Israel. side who want to debate this issue In an interview with The Wall Street Jour- [From the New York Times, Apr. 23, 1987] would debate it from a factual and not nal earlier this week, President Bush warned IN ALASKA: DRILL, BUT WITH CARE a misleading point of view that is pro- that the recent 20 percent jump in oil prices Alaska’s Arctic National Wildlife Refuge is mulgated by America’s extreme envi- could threaten economic recovery. While an untouched and fragile place that supports ronmental lobby. If there were no oil Iraq accounts for about 8 percent of Amer- rare mammals and myriad species of birds. It produced in the United States and no ica’s imports, according to Washington’s es- is also the most promising untapped source oil imported, why, then, it might be a timates, there is spare oil capacity in the of oil in North America. Should America system, and thus there should be no petro- 6-month supply, but that is not a fea- drill for it? leum shortage if other Middle Eastern pro- What Congress decided, in 1980, was not to sible or conceivable argument. ducers refuse to follow Baghdad. Even so, decide. It ordered a long study. The assess- We have a response to the New York Mr. Hussein’s action draws attention once ment is now in, and for Interior Secretary Times that it is a trivial amount, com- again to America’s dependence on imported Hodel the decision isn’t even close: leasing pared to their former statement that oil, including oil supplied by the troubled drilling rights to oil companies is ‘‘vital to ‘‘it is the most promising untapped countries of the Persian Gulf. It also points our national security’’ because it ‘‘would re- source of oil.’’ That was April 1987; to Washington’s sorry failure to devise a bal- duce America’s dependence on unstable 1988, ‘‘the potential is enormous’’; anced strategy to reduce America’s reliance sources of foreign oil.’’ on gulf imports and give itself greater ma- March 30, 1989, ‘‘Alaskan oil is too val- Mr. Hodel is guilt of oversell. A single dis- neuvering room in the war on terrorism and covery can’t save us from increasing depend- uable to leave in the ground.’’ other foreign policy issues as well. The Sen- ence on Persian Gulf oil. But the potential What the editorial board of the New ate, which has resumed debate on the energy economic benefit of development—perhaps York Times does obviously is their bill, is the last hope for such a strategy. Ad- tens of billions of dollars of oil—outweighs business. I talked with them about it. mittedly, the prospects are dimmer than the risks. The unanswered question is wheth- It was a rather interesting conversa- they were a month ago, when the Senate er environmentalists and developers can co- tion, as a matter of fact. They said took up an imperfect but honorable measure operate to minimize damage to the refuge. they have a new editorial editor and cobbled together by Jeff Bingaman of New The Interior Department estimates that Mexico and Tom Daschle, the majority lead- the former one went to California. I between 600 million and 9.2 billion barrels of er. The bill included a mix of incentives for oil are recoverable from a 20-by-100-mile suppose that is a reasonable expla- new production of fossil fuels, largely nat- strip along the Arctic coast. But no matter nation. ural gas, along with provisions aimed at in- how carefully done, development of the My colleagues should know what creasing energy efficiency and the use of re- coastal strip would displace animals and scar they said in March of 2000: newable energy sources. As such it stood in land permanently. Tracks of vehicles that Mr. MURKOWSKI’s stated purpose is to re- stark contrast to a grievously one-sided crossed the tundra decades ago are still visi- duce the Nation’s use of foreign oil from 56 House bill that provided $27 billion in incen- ble. No one knows whether the caribou herd to 50 percent partly through tax breaks. tives for the oil, gas and coal industries and that bears its young near the coast would less than one-quarter that amount for effi- stop reproducing or simply move elsewhere. Obviously, they think tax breaks is a ciency. The House bill also authorized the Adversaries in this battle view develop- motivation. They further say: opening of the Arctic National Wildlife Ref- ment as ecological catastrophe or energy But mainly by opening up more tracts of uge to oil exploration and drilling. salvation. Outsiders can wonder why such land for exploration, the centerpiece of that On its first big test, however, the Senate apocalyptic fuss. An unusual environment strategy in turn is to open up the coastal collapsed under industry and union pressure would surely be damaged, but the amount of plain of the Arctic National Wildlife for ex- and rejected a provision requiring the first land involved is modest and the animals at ploration. This page has addressed the folly increase in fuel economy standards since risk are not endangered species. A lot of oil of trespassing on a wildlife preserve for what 1985. To Mr. Daschle’s dismay, Democrats de- might be pumped, but probably not enough by official estimates is likely to be a modest serted the cause of fuel conservation in to keep America’s motors running for an en- amount of recoverable oil. droves; New York’s senators, Charles Schu- tire year. Ultimately, policy makers must Boy, isn’t that the way things go. mer and Hillary Rodham Clinton, were weigh the dollar value of the oil against the among the honorable exceptions. The only intangible value of an unspoiled refuge. One minute they are with you and the bright moment in a dismal two weeks of de- The most likely net value of the oil, after next minute they are against you. bate and defeat was the approval of a ‘‘re- accounting for costs and assuming a future What were they thinking in 1987 newable portfolio standard’’ that would re- world price of $33 a barrel, is about $15 bil- when they said it was a promising quire utilities to generate between 5 and 10 lion. source of untapped source of oil? Or percent of their power from wind, solar and How much an untouched refuge is worth is where were they when they said poten- other forms of renewable energy. anyone’s guess—but it’s hard to see how it tial is enormous or risks are modest? There are several things the Democrats could realistically be judged worth such an Or where were they when they said and their moderate Republican allies can do enormous sum. If America had an extra $15 to produce a respectable bill. First, they billion to spend on wilderness protection, it Alaskan oil is too valuable to leave in must defeat any amendment aimed at open- wouldn’t be spent on this one sliver of land. the ground? ing the Arctic refuge to drilling. Such an That doesn’t mean, however, that devel- Today, they say: amendment is almost certain to be offered opers should be permitted to treat the refuge . . . Washington’s sorry failure to devise a by Frank Murkowski of Alaska, but the facts as another Bayonne. Elaborate, necessarily balanced strategy to reduce America’s reli- are not on his side. Every available calcula- expensive precautions are needed to contain ance on gulf imports and give itself greater tion—including those that accept Mr. Mur- the disruption. Human and machine presence maneuvering room in the war on terrorism kowski’s inflated estimates of the amount of can and should be kept to a bare minimum and other foreign policy issues as well. oil underneath the refuge—show that much until test wells are completed. Dense caribou I ask unanimous consent the edi- more oil can be saved by fuel efficiency than calving grounds should be left alone until by drilling. the animals’ response to change is gauged. torials of April 23, 1987, June 2, 1988, Next, they must resist efforts to weaken A decade ago, precautions in the design and March 30, 1989, when they sup- the renewable energy provision, while de- and construction of the 1,000-mile-long Alas- ported it, as well as today’s newspaper fending energy efficiency measures that have ka pipeline saved the land from serious dam- saying we are a sorry failure because yet to be voted on—chiefly a provision that age. If oil companies, government agencies April 10, 2002 CONGRESSIONAL RECORD — SENATE S2441 and environmentalists approach the develop- of this remote wilderness should take prece- the Arctic with roads, drilling pads and pipe- ment of the refuge with comparable care, dence over the nation’s energy needs. lines? disaster should be avoidable. Washington can’t afford to assume that [From the New York Times, Mar. 30, 1989] the Exxon Valdez accident was a freak that will never happen again. But neither can it [From the New York Times, June 2, 1988] OIL ON THE WATER, OIL IN THE GROUND afford to treat the accident as a reason for RISKS WORTH TAKING FOR OIL Does the Exxon tanker spill show that Arc- fencing off what may be the last great oil- Can Big Oil and its Government regulators tic oil shipping is being mismanaged? Should field in the nation. be trusted with the fragile environment of the industry have been better prepared to Alaska’s Arctic Wildlife Refuge? Congress, cope with the accident? Should the spill de- Mr. MURKOWSKI. I would like to pressed by the Reagan Administration to flect President Bush from his plan to open have an explanation from the New allow exploratory drilling in what maybe more of Alaska to oil exploration? York Times, as a consequence of where North America’s last great oil reserve, has Six days after the Exxon Valdez dumped they were in 1987 and 1998 and 1999 and been wrestling with the question for years. 240,000 barrels of crude into the frigid waters in 2001 being against it and now they Then, last month, opponents’ skepticism was of Prince William Sound, questions come are critical when we are trying to do heightened by a leaked report from the Fish more easily than answers. But it is not too something about it. Yet they don’t ac- and Wildlife Service saying that environ- early to distinguish between the issue of reg- cept the responsibility of proposing a mental disruption in the nearby North Slope ulation and the broader question of exploit- way to reduce that dependence. oil fields is far worse than originally be- ing energy resources in the Arctic. The acci- I believe we need to reduce our de- lieved. dent shouldn’t change one truth: Alaskan oil pendence, free ourselves from the Sad- The North Slope development has been is too valuable to leave in the ground. America’s biggest test by far of the propo- Exxon has much to explain. The tanker dam Husseins. sition that it is possible to balance energy captain has a history of alcohol abuse. The We have talked about CAFE stand- needs with sensitivity for the environment. officer in charge of the vessel at the time of ards. Do you know what the debate on The public therefore deserves an independent the spill was not certified to navigate in the CAFE standards was all about? It was assessment of the ecological risks and an sound. THe company’s cleanup efforts have about safety. We could have increased honest assessment of the energy rewards. been woefully ineffective. Local industries, mileage, but we were concerned about No one wants to ruin a wilderness for small notably fishing, face potentially disastrous the safety of our automobiles in rela- gain. But in this case, the potential is enor- consequences, and the Government needs to tionship to families moving our chil- mous and the environmental risks are mod- hold the company to its promise to pay. dren. We were ready to trade off. And est. Even if the report’s findings are con- More important, Washington has an obliga- firmed, the likely value of the oil far exceeds tion to impose and enforce rules strict we did, by majority vote, increase plausible estimates of the environmental enough to reduce the risks of another spill. CAFE standards with the belief that we cost. That said, it’s worth putting the event in would be stripped of some of the safety The amount of oil that could be recovered perspective. Before last Friday, tens of thou- features. The indication was we would from the Wildlife Refuge is not known. But sands of tanker runs from Valdez has been lose hundreds, perhaps thousands of it seems likely that the coastal plain, rep- completed without a serious mishap. Alaska lives. resenting a small part of the acreage in the now pumps two million barrels through the As we address where we are today, we refuge, contains several billion barrels, pipeline each day. And it would be almost ought to look at some of the facts. We worth tens of billions of dollars. But drilling unthinkable to restrict access to one-fourth saw an article that appeared in the is certain to disrupt the delicate ecology of of the nation’s total oil production. USGS about 10 days ago indicating if the Arctic tundra. The far tougher question is whether the ac- Some members of Congress believe that no cident is sufficient reason to slow explo- we opened up this area, somehow we damage at all is acceptable. But most are ration for additional oil in the Arctic. The would risk the Porcupine caribou. An- ready to accept a little environmental deg- single most promising source of oil in Amer- other chart shows caribou relative to radation in return for a lot of oil. Hence the ica lies on the north coast of Alaska, a few the renewability of what amounts to a relevance of the experience at Prudhoe Bay, hundred miles east of the big fields at natural resource. This is the caribou which now yields 20 percent of total U.S. oil Prudhoe Bay. But this remote tundra is part frolicking in Prudhoe Bay. The reason production. Last year, Representative of the Arctic National Wildlife Refuge, and they are frolicking is nobody shoots George Miller, a California Democrat and op- since 1980 Congress has been trying to decide them. They become very accustomed to ponent of drilling within the refuge, asked whether to allow exploratory drilling. a modest amount of activity as long as the Fish and Wildlife Service to compare the Environmental organizations have long op- environmental impact predicted in 1972 for posed such exploration, arguing that the they are not threatened. If they hear Prudhoe Bay with the actual impact. The re- ecology of the refuge is both unusual and the snow machines, they bolt like cat- port from the local field office, never re- fragile. This week they used the occasion of tle on a rampage. leased by the Administration, offers a long the tanker spill to call for further delays This is the western herd. It is the list of effects, ranging from birds displaced while the damage from the Exxon Valdez herd that frequents the oilfields of to tons of nitrous oxide released into the air. spill is assessed. Prudhoe Bay. The important thing to According to the authors, development More information is always better than recognize with this herd is they have used more land, damaged more habitat acre- less. But long delay would have a cost, too: grown dramatically from 3,000 animals age and generated more effluent than origi- Prudhoe Bay production will begin to tail off to 26,000 animals. There are few preda- nally predicted. The authors also argue that in the mid-1990’s. If exploration is permitted Government monitoring efforts and assess- in the refuge and little oil is found, develop- tors and very few wolves. As a con- ment of long-term effects have been inad- ment will never take place and damage to sequence, the herd has grown dramati- equate. the environment will be insignificant. If de- cally. It’s important to find out whether these velopment does prove worthwhile, the proc- The Porcupine herd is in a different interpretations are sensible and how envi- ess will undoubtedly degrade the environ- part of the State. I will show the mi- ronmental oversight could be improved. The ment. But the compensation will be a lot of gration pattern of this herd. It bears General Accounting Office, a creature of badly needed fuel. some semblance to reality. My critics Congress, is probably the most credible agen- Environmentalists counter that, at most, who say USGS indicated in its report cy to do the job. the refuge will add one year’s supply to that the caribou might be affected by But even taken at face value, the report’s America’s reserves. They are right, but one findings hardly justify putting oil explo- year of oil is a lot of oil. The 3.2 billion bar- oil activity did not reflect on a knowl- ration on hold. rels, if found, would be worth about $60 bil- edge of certain migratory movements No species is reported to be endangered. No lion at today’s prices, enough to generate at of this particular Porcupine herd. dramatic permanent changes in ecology are least $10 billion in royalties for Alaska and This chart shows the boundary be- forecast. Much of the unpredicted damage the Federal Government. By denying access tween the United States and Canada. has arisen because more oil has been pro- to it, Congress would be saying implicitly We can see the northwest territories. duced than originally predicted. Even so, the that the absolute purity of the refuge was This happens to be a Canadian highway total acreage affected by development rep- worth at least as much as the forgone $10 bil- called the Dempster Highway. This is resents only a fraction of 1 percent of the lion. the general path of the migration of North Slope wilderness. Put it another way. Suppose the royalties the Porcupine caribou herd in purple. The trade-off between energy and ecology were dedicated to buying and maintaining seems unchanged. If another oil field on the parkland in the rest of the nation—a not un- It goes into the 1002 area. The point is scale of Prudhoe Bay is discovered, devel- thinkable legislative option. Would Ameri- there is no fence between Canada and oping it will damage the environment. That cans really want to pass by, say, $10 billion Alaska. damage is worth minimizing. But it is hard worth of land in order to prevent oil compa- In their migratory path they cross to see why absolutely pristine preservation nies from covering a few thousand acres of the highway. The highest incidence of S2442 CONGRESSIONAL RECORD — SENATE April 10, 2002 the mortality of this particular herd is the amendment, I did want to reflect a degree of attainability, some of the crossing the Dempster Highway, not little bit on the New York Times’ in- things we take for granted. getting hit by trucks and cars. That is consistency. On the one hand, they We will be having an extended debate where the people hunt. That is where supported it in 1978 and 1979, and then on this ANWR issue. For the people of they take them. They are very easy to rejected it in 2001, and now are criti- my State, let’s once and for all try to get through. Drive the highway. cizing the Congress for not coming up keep the arguments accurate. Let’s not This is the Arctic Highway. It is with some methodology to reduce our mislead people by saying it is a 6- pretty rugged, but it is accessible. If dependence on imports. month supply. That is absolutely ludi- you are concerned about the effect on If you are going to reduce it, you crous, and I assume most of my col- the caribou, consider the number of might as well go where you are most leagues have the intelligence and fair- caribou taken for subsistence and other likely to find a substantial reserve of ness to recognize that argument reasons in that area. They come in the oil and that happens to be this area of doesn’t hold oil. Not only are we not summertime and calf. The question is, Alaska. For those who say this is some talking about a 6-month supply, some Do they calf in the 1002 area, the area kind of a pristine area, where there has say it will take 10 years. where we have at risk, the potential of been no development of any kind, let This is the other chart that shows caribou that might be lost as a result me remind you there is a village there. the infrastructure that is already in of calving? It is the village of Kaktovik. Real peo- suggests we can expedite permitting if We have a chart that shows, over a ple live there. There are kids there. the oil is, indeed, there, in the volume period from 1983 to 2000, the general This is a little community hall. There it would have to be. calving area. Green is the calving area. are about 300 kids there. There are peo- I might add, this little red thing is This chart was put together by the De- ple who live there. They are on the the footprint of what 2,000 acres would partment of Interior. This is the 1002 snow machine there. We have some be out of this 1.5 million acres in green. area. This is what is at risk. In 1999, other pictures of the village itself. This is the footprint authorizing the there was some calving in the area; This will give you some idea. This is 2,000 acres, and this whole area is 19 some calving in the area in other in the 1002. This is Kaktovik. There are million acres. years. The good news is there will not people who live there. There is an air- Make no mistake about it, it is a be any activity there during that time. strip there, a radar station, a school. very small footprint in an area that al- Let me show you what the area looks Here are some kids going to school in ready has the development of Kaktovik like for about 101⁄2 months of the year. and the Eskimo people who support it. It is a harsh environment of ice and the morning. Nobody shovels their snow. These are happy kids, looking As we look at the issue of a 6-month snow with virtually no wildlife activity supply—we have countered that. Can it in this severe time. This is generally a forward to a future. What is that future? Does anybody be open in a reasonable period of time? fair picture of the Arctic Coastal Plain around here know what a honey bucket What we have here—it doesn’t show on in the 1002 area in the wintertime. This is? A honey bucket is what you have this particular chart—we have a dis- happens to be a clear day in the winter- covery here called Badame. It is a Brit- time. To see what it looks like most of when you don’t have indoor plumbing ish Petroleum discovery. It has not the time in the winter with what is and you need indoor plumbing because proven out. But there is a pipeline from called whiteouts, where you have abso- outdoor plumbing doesn’t work in the the existing 800-mile pipeline over to lutely no relationship between the wintertime. You and I and everybody Badame so we would only need about 45 snow and the clouds, it looks just else, we are used to water, sewer, the miles of pipeline to get to ANWR. Once white. Pilots fly into it only on instru- conveniences. These people have the the discoveries were made, and the dis- ments because you cannot see the same dreams and aspirations. How do ground. they achieve those dreams and aspira- coveries would have to be substantive If you turn the picture back you can tions? By a better lifestyle, by a tax or we would never be able to afford the see what it looks like on a clear day, base, by jobs, by opportunities. Do development, a pipeline could be run which is not most of the time. On a these people support opening this area? over there in a very expeditious man- clear day, there is a difference between I think we all know the answer to that. ner in my opinion—one winter con- the ground and the sky. When it is a The answer is a very affirmative yes. struction season—and we could have whiteout condition, cloudy and snowy, Are they entitled to have develop- ANWR online in 2.5 to 3 years. it is all white. There are a lot of flying ment on their own land, over which Let’s remember, in 1995 we passed accidents when people lose their hori- they have some control, the State of ANWR. It was vetoed by our President zon and are not proficient on instru- Alaska, or the Federal Environmental in the omnibus package. So we would ments. Protection Agency? today at least have oil flowing. To sug- As we consider the debate and recog- This may be a little stark. I am not gest we cannot do it safely, to suggest nize we have specialized technology commenting on the reality. But this is it is going to take 10 years is totally now—development occurs only in the what a honey bucket looks like. That unrealistic. To suggest with the new wintertime—we can put aside some of is what they cost, about $20. You technology it would have a detrimental the USGS estimate that somehow we empty it yourself. It is not what we are effect on the wildlife is, again, without are going to have a significant impact. used to. But when you do not have any scientific foundation. This activity is only going to occur in sewer and water, that is what you get. We have some other characters here. the wintertime. When the short sum- I don’t know how long that has to stay We call them bears. We have polar mer comes up—and it looks somewhat up to make the impression, but that is bears and we have brown bears. The like this photo. This is the tundra. real. If you have not tried one, it is not significance of the polar bear—these This is a well that was drilled. As you the most gratifying experience. But if are not polar bears; these happen to be can see, there are no roads because we there is no other alternative, that is brown bears. Grizzles is their common use ice roads. There will be no activity what you have. denomination. These guys are walking during the time that the caribou calve I bring this to relate to those who are the pipeline because it is easier than in this area. somewhat above that, a higher echelon, walking in the snow. You and I would Then, of course, we have the contin- who somehow do not consider how real do the same thing if we were out for a ued debate as to the validity of one re- people out there live. They assume we walk. The point is, these are not dis- port vis-a-vis another report. The all live kind of alike and the dreams turbing because there is no threat. USGS confirmed this week that the and aspirations of an aboriginal people People say: What about the polar caribou would not be affected by explo- should not be considered in this debate. bears? We do not have many polar ration because the House bill, which is Why shouldn’t they? They have bears in this area, but we have a few. what is before the Senate, only allows rights. They have representation. They This is from the Washington Post. It is 2,000 acres out of 19 million acres to be elected me to the Senate and I am rep- kind of an interesting, I guess, com- developed. resenting their interests. They want a parison, because this was a new field As we debate this issue on the energy better life and I think they are entitled found over at Alpine. It came in ini- bill, even though we have not offered to it. They should enjoy, at least to a tially about 100,00 barrels a day. That April 10, 2002 CONGRESSIONAL RECORD — SENATE S2443 is a lot of oil for one little field. The the significance of the dreams and as- cide bombers. It is very hard to do. We footprint is just that much, probably 20 pirations of those people who have to cannot allow, the world cannot allow acres. depend on this kind of living when suicide bombings to become an epi- This particular picture down here there are alternatives that you and I demic. What happened to the United shows some polar bears, but they do take for granted. This is the hard re- States on 9–11 involved suicide bomb- not indicate where that picture was ality of the lifestyle of some of my peo- ers, just a little bit more sophisticated. taken. This picture was not taken in ple who want a better lifestyle, and They hijacked airplanes that they ANWR. It was taken way over on the they expect that the Senate will pro- crashed into the trade towers. One was Arctic area known as Barrow, probably tect their interests. headed to the White House which hit 600 or 700 miles west. But the point I I yield the floor. the Pentagon, and another was headed want to make with regard to the polar The PRESIDING OFFICER. The Sen- to the Capitol which went down in bear—and it is legitimate—is the great- ator from Wisconsin is recognized. Somerset County, PA. est contribution we made to the polar (The remarks of Mr. FEINGOLD are If suicide bombers are not stopped, bear is the Marine Animal Act because printed in today’s RECORD under they are going to become an epidemic you can’t take polar bear as a trophy. ‘‘Morning Business.’’) and a way of life; no one is going to be You can’t hunt them. You can in Rus- Mr. FEINGOLD. Madam President, I safe. It is very difficult to expect Israel sia or Canada, but you cannot do it in suggest the absence of a quorum. not to act in its own self-defense in the United States; so they are pro- The PRESIDING OFFICER (Ms. rooting out the suicide bombers. tected. To suggest somehow that a STABENOW). The clerk will call the roll. The evidence came to light last mild amount of activity associated The legislative clerk proceeded to week, or the purported evidence, that with development of ANWR is going to call the roll. documents were found which bore the jeopardize the polar bear—the greatest Mr. SPECTER. Madam President, I signature of Chairman Arafat on pay- jeopardy to the polar bear is somebody ask unanimous consent the order for ing money to terrorists who were in- going out and shooting them. I hate to the quorum call be rescinded. volved against the State of Israel. It be so crass, but that is the factual re- The PRESIDING OFFICER. Without seemed to me that when that evidence ality. objection, it is so ordered. came to light, we had to check it out What we have here, again, is Amer- f thoroughly to see if in fact it was true. ica’s extreme environmental commu- There has not been conclusive authen- THE MIDEAST nity using this, lobbying it very heav- tication, although from all appearances ily. At a time when clearly we have a Mr. SPECTER. Madam President, I it seems to be accurate. lot of unrest in the Middle East, the have sought recognition to comment The Palestinian Authority did not di- New York Times is proposing Congress briefly about a trip I made to the Mid- rectly deny the accuracy but said, hasn’t done anything to relieve our de- east and to the efforts being made at somewhat tangentially, that Israel pendence, and there is the recognition getting a cease-fire and a truce. sometimes concocted the documents that now we are starting a debate, very Two weeks ago yesterday, I arrived and said further that Israel was using soon, on the issue of opening ANWR. in Jerusalem and met with General this issue for propaganda purposes. I encourage Members to try to sort Zinni, and then with Israel’s Prime Both of those responses are really be- out fact from fiction, as this debate Minister, Ariel Sharon, and then with side the point. The point is, are those goes on; recognizing that America the Palestinian Authority’s Chairman, documents authentic? stands to gain an awful lot from open- Yasser Arafat. There yet ought to be a determina- ing this area up. On that day, I was told by all three of tion, perhaps made by a U.S. official, There would be significant job cre- those men that they were very close to perhaps by the Federal Bureau of In- ation. It is in the interest of our econ- finding agreement on security arrange- vestigation, or perhaps by the CIA or omy. It is estimated that somewhere in ments under the so-called Tenet Plan some impartial agency, to see for sure the area of 250,000 jobs would be cre- put forward by CIA Director George if that is in fact Chairman Arafat’s sig- ated. America’s unions are virtually Tenet. nature and his handwriting. 100 percent behind opening up this area Then the next day there was the mas- When I saw him 2 weeks ago yester- because they know it can be done safe- sacre, the suicide bomber at the Pass- day, I asked him a great many ques- ly. They know it is a jobs issue. Not over Seder where 22 people were killed tions. One of the questions I asked him only are they convinced it is in the in- and several hundred were wounded. involved the Iranian shipment of arms terest of our economy, but America’s Then the whole situation in the Mid- to the Palestinian Authority which veterans are virtually unanimous in east exploded. was documented. At that time, there support of opening it. The reason the The Israelis then undertook a mili- was not conclusive proof linking Arafat veterans support it is quite obvious to tary operation to try to root out the personally, but there was conclusive all. It would forestall the possibility suicide bombers. And following the ini- proof that it went to the Palestinian that American troops would have to go tiation of that military operation, the Authority. When I talked to Chairman overseas and fight a war over oil in a suicide bombers stopped for a few days. Arafat and his advisers in the face of foreign land. Then they started again yesterday. their denials that it ever happened, it In conclusion, I hope Members really I am glad to say that Secretary of seemed to me not credible and not wor- relate to doing what is right for Amer- State Colin Powell has gone to the thy of belief. ica, what is right for jobs, and what is Mideast at the President’s direction. I When I saw Chairman Arafat, I con- right for the veterans. I might add that know the Secretary would have pre- veyed General Zinni’s message that the Israeli lobbying group is virtually ferred to have gone after all of the ar- Chairman Arafat ought to make an em- 100 percent supportive of developing rangements had been worked out and it phatic, unequivocal statement in Ara- the Coastal Plain and relieving our de- could be a triumphant tour, but I do bic to stop the suicide bombings. Chair- pendence on Mideast oil. believe it is necessary to make an ef- man Arafat refused to do that. When you start looking down the list fort even where success is not assured. If it turns out that these documents of supporters on the other side, it is Nobody hits a home run, we can’t ex- do in fact bear Arafat’s handwriting the environmental groups. There is no pect someone to hit a home run every and if it is conclusive that Arafat has sound science to support their conten- time they go to bat. paid off terrorists, then it seems to me tion because we can do it safely. It is The risks for the United States of very difficult to deal with Arafat or to an extraordinary resource available for doing nothing are much greater than ask Israel to deal with Arafat. this country. It can be developed in a the risks if we try, even if there is not I am not unmindful of the grave dif- relatively short period of time. It can immediate success. ficulty as to how we negotiate with the be done without jeopardizing animal On the wave of the suicide bombings, Palestinian Authority if we do not ne- life. For those who claim to be experts, it is very difficult to ask the Israelis to gotiate with Arafat. But the ultimate I suggest they go up there, talk to the stop their efforts in self-defense to root question is, what is an arrangement, people, take a look at it, and recognize out the terrorists and to stop the sui- what is an agreement with Arafat,