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DEPARTMENT OF ENERGY FISCAL YEAR 1979 AUTHORIZATION (ENERGY CONSERVATION)

HEARINGS

BEFORE THE

SUBCOMMITTEE ON

ENERGY CONSERVATION AND REGULATION

OF THE

COMMITTEE ON

ENERGY AND NATURAL RESOURCES UNITED STATES SENATE

NINETY-FIFTH CONGRESS

SECOND SESSION

ON

S. 2692

A BILL TO AUTHORIZE APPROPRIATIONS FOR THE CIVILIAN PROGRAMS OF THE DEPARTMENT OF ENERGY FOR FISCAL YEAR 1979, AND FOR OTHER PURPOSES

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COMMITTEE ON ENERGY AND NATURAL RESOURCES

HENRY M. JACKSON, Washington, Chairman

FRANK CHURCH, Idaho

J. BENNETT JOHNSTON, Louisiana
JAMES ABOUREZK, South Dakota
FLOYD K. HASKELL, Colorado
DALE BUMPERS, Arkansas
WENDELL H. FORD, Kentucky
JOHN A. DURKIN, New Hampshire
HOWARD M. METZENBAUM, Ohio
SPARK M. MATSUNAGA, Hawaii
WENDELL R. ANDERSON, Minnesota
JOHN MELCHER, Montana

CLIFFORD P. HANSEN, Wyoming
MARK O. HATFIELD, Oregon

JAMES A. McCLURE, Idaho

DEWEY F. BARTLETT, Oklahoma
LOWELL P. WEICKER, JR., Connecticut
PETE V. DOMENICI, New Mexico
PAUL LAXALT, Nevada

GRENVILLE GARSIDE, Staff Director and Counsel
DANIEL A. DREYFUS, Deputy Staff Director for Legislation
D. MICHAEL HARVEY, Chief Counsel
W. O. CRAFT, Jr., Minority Counsel

SUBCOMMITTEE ON ENERGY CONSERVATION AND REGULATION

J. BENNETT JOHNSTON, Louisiana, Chairman

JOHN A. DURKIN, New Hampshire, Vice Chairman

FLOYD K. HASKELL, Colorado HOWARD M. METZENBAUM, Ohio WENDELL R. ANDERSON, Minnesota

LOWELL P. WEICKER, JR., Connecticut
CLIFFORD P. HANSEN, Wyoming
DEWEY F. BARTLETT, Oklahoma
PETE V. DOMENICI, New Mexico

BENJAMIN S. COOPER, Professional Staff Member
JAMES T. BRUCE, Counsel

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Curtis, Hon. Charles B., Chairman, Federal Energy Regulatory Commis-
sion, Department of Energy, accompanied by Matthew Holden, Georgi-
ana Sheldon, Don Smith, George Hall, and William McDonald___ 630, 631, 642

Hansen, Hon. Clifford P., a U.S. Senator from the State of Wyoming-

Johnston, Hon. J. Bennett, a U.S. Senator from the State of Louisiana_

835, 839

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Metzenbaum, Hon. Howard M., a U.S. Senator from the State of Ohio____
Moses, Hon. Lincoln E., Administrator, Energy Information Administra-
tion, Department of Energy, accompanied by C. William Fischer, Deputy
Administrator, and Dr. Elizabeth MacRae, Deputy Assistant Adminis-
trator for Applied Analysis_____

APPENDIXES

Page

867

869, 870, 915

DEPARTMENT OF ENERGY FISCAL YEAR 1979

AUTHORIZATION

(Energy Conservation)

THURSDAY, APRIL 13, 1978

U.S. SENATE,

SUBCOMMITTEE ON ENERGY CONSERVATION AND REGULATION,
OF THE COMMITTEE ON ENERGY AND NATURAL RESOURCES,

Washington, D.C.
The subcommittee met, pursuant to notice, at 10 a.m., in room 357,
Russell Office Building, Hon. John A. Durkin, presiding.
Present: Senator Durkin.

Also present: Benjamin S. Cooper, professional staff member; James T. Bruce, counsel; and Danny Boggs, deputy minority counsel. Senator DURKIN. We don't have a gavel in this room so I will dispense with the formalities. I think everyone knows what we are here for. I want to point out that Senator Johnston's statement, and not mine, will be printed in the record.

[The prepared statement of Senator Johnston follows:]

STATEMENT OF HON. J. BENNETT JOHNSTON, A U.S. SENATOR FROM THE STATE OF LOUISIANA

The Subcommittee hearing this morning will be devoted to the programs of the Economic Regulatory Administration (ERA) of the Department of Energy. This Administration is responsible for a broad range of programs, including crude oil and refined product price and allocation regulations; the entitlements program; the coal conversion program; the Federal contingency programs for use during energy supply emergencies; the public utility rate reform advocacy and assistance programs of the Federal government; and substantial portions of the Federal regulation of imports of crude oil, electric power and liquified natural gas. The President's request for fiscal year 1979 appropriations for ERA, including all pesonnel costs for 2,000 ERA positions, is just under $100 million. Substantial funding requirements to accommodate programs authorized by the energy legislation pending in conference committee are not included in this budget request. I expect that the Subcommittee will want the programs in the conference committee bill to go forward, but this does not mean that we automatically endorse the $100 million level of the President's original request. We will want to see this request rigorously justified.

In my opinion, many of the decisions made by ERA are open to serious question. For example, I am in strong disagreement with the program establishing a "trigger" for prices of home heating oil. The Congress established a mechanism for removing price and allocation controls for individual petroleum products. That mechanism was used to decontrol home heating oil. If the law is to have any meaning at all, it should not be used to retain controls in the guise of a system for monitoring petroleum prices.

I am deeply concerned by reports that a trigger-monitoring system, perhaps in even more complex form, will be proposed by the Department in connection with gasoline decontrol. In my view, we either have Federal controls on these products or we remove those controls. There ought to be no ambiguity and no residual Federal harassment of individual petroleum marketers.

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