<DOC> [109th Congress House Hearings] [From the U.S. Government Printing Office via GPO Access] [DOCID: f:33118.wais] KEEPING THE FUEL FLOWING FROM THE GULF: ARE WE PREPARED FOR THE HURRICANE SEASON? ======================================================================= HEARING before the SUBCOMMITTEE ON ENERGY AND RESOURCES of the COMMITTEE ON GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED NINTH CONGRESS SECOND SESSION __________ JUNE 7, 2006 __________ Serial No. 109-213 __________ Printed for the use of the Committee on Government Reform Available via the World Wide Web: http://www.gpoaccess.gov/congress/ index.html http://www.house.gov/reform ______ U.S. GOVERNMENT PRINTING OFFICE 33-118 WASHINGTON : 2007 _____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512ÿ091800 Fax: (202) 512ÿ092250 Mail: Stop SSOP, Washington, DC 20402ÿ090001 COMMITTEE ON GOVERNMENT REFORM TOM DAVIS, Virginia, Chairman CHRISTOPHER SHAYS, Connecticut HENRY A. WAXMAN, California DAN BURTON, Indiana TOM LANTOS, California ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York JOHN M. McHUGH, New York EDOLPHUS TOWNS, New York JOHN L. MICA, Florida PAUL E. KANJORSKI, Pennsylvania GIL GUTKNECHT, Minnesota CAROLYN B. MALONEY, New York MARK E. SOUDER, Indiana ELIJAH E. CUMMINGS, Maryland STEVEN C. LaTOURETTE, Ohio DENNIS J. KUCINICH, Ohio TODD RUSSELL PLATTS, Pennsylvania DANNY K. DAVIS, Illinois CHRIS CANNON, Utah WM. LACY CLAY, Missouri JOHN J. DUNCAN, Jr., Tennessee DIANE E. WATSON, California CANDICE S. MILLER, Michigan STEPHEN F. LYNCH, Massachusetts MICHAEL R. TURNER, Ohio CHRIS VAN HOLLEN, Maryland DARRELL E. ISSA, California LINDA T. SANCHEZ, California JON C. PORTER, Nevada C.A. DUTCH RUPPERSBERGER, Maryland KENNY MARCHANT, Texas BRIAN HIGGINS, New York LYNN A. WESTMORELAND, Georgia ELEANOR HOLMES NORTON, District of PATRICK T. McHENRY, North Carolina Columbia CHARLES W. DENT, Pennsylvania ------ VIRGINIA FOXX, North Carolina BERNARD SANDERS, Vermont JEAN SCHMIDT, Ohio (Independent) ------ ------ David Marin, Staff Director Lawrence Halloran, Deputy Staff Director Teresa Austin, Chief Clerk Phil Barnett, Minority Chief of Staff/Chief Counsel Subcommittee on Energy and Resources DARRELL E. ISSA, California, Chairman LYNN A. WESTMORELAND, Georgia DIANE E. WATSON, California ILEANA ROS-LEHTINEN, Florida BRIAN HIGGINS, New York JOHN M. McHUGH, New York TOM LANTOS, California PATRICK T. McHENRY, North Carolina DENNIS J. KUCINICH, Ohio KENNY MARCHANT, Texas Ex Officio TOM DAVIS, Virginia HENRY A. WAXMAN, California Lawrence J. Brady, Staff Director Dave Solan, Professional Staff Member Lori Gavaghan, Clerk Richard Butcher, Minority Professional Staff Member C O N T E N T S ---------- Page Hearing held on June 7, 2006..................................... 1 Statement of: Greco, Robert, group director of upstream and industry operations, American Petroleum Institute; and Tyson Slocum, energy program research director, Public Citizen........... 68 Greco, Robert............................................ 68 Slocum, Tyson............................................ 90 Johnson, General David L., Director, National Weather Service, NOAA; Admiral Thomas Barrett, Administrator, Pipeline & Hazardous Materials Safety Administration, Department of Transportation; and Guy Caruso, Administrator, Energy Information Administration........... 11 Barrett, Thomas.......................................... 21 Caruso, Guy.............................................. 36 Johnson, David L......................................... 11 Letters, statements, etc., submitted for the record by: Barrett, Admiral Thomas, Administrator, Pipeline & Hazardous Materials Safety Administration, Department of Transportation, prepared statement of...................... 23 Caruso, Guy, Administrator, Energy Information Administration, prepared statement of...................... 38 Greco, Robert, group director of upstream and industry operations, American Petroleum Institute, prepared statement of............................................... 71 Issa, Hon. Darrell E., a Representative in Congress from the State of California, prepared statement of................. 3 Johnson, General David L., Director, National Weather Service, NOAA, prepared statement of....................... 14 Slocum, Tyson, energy program research director, Public Citizen, prepared statement of............................. 92 Watson, Hon. Diane E., a Representative in Congress from the State of California, prepared statement of................. 64 KEEPING THE FUEL FLOWING FROM THE GULF: ARE WE PREPARED FOR THE HURRICANE SEASON? ---------- WEDNESDAY, JUNE 7, 2006 House of Representatives, Subcommittee on Energy and Resources, Committee on Government Reform, Washington, DC. The subcommittee met, pursuant to notice, at 2 p.m., in room 2203, Rayburn House Office Building, Hon. Darrell E. Issa (chairman of the subcommittee) presiding. Present: Representatives Issa and Watson. Staff present: Larry Brady, staff director; Lori Gavaghan, legislative clerk; Tom Alexander, counsel; Dave Solan, Ph.D. and Ray Robbins, professional staff medmber; Richard Butcher, minority professional staff member; and Jean Gosa, minority assistant clerk. Mr. Issa. The subcommittee will come to order, a presumed quorum being present. Last year's Hurricanes Katrina and Rita provided the government and energy industry with a painful education. Emergency communication systems were rendered inoperable. The electric power on which refineries and pipelines depend was unavailable for much longer than the baseline scenarios had predicted. We were also made acutely aware that, although we have a strategic petroleum reserve of crude oil, we do not have a strategic reserve of refined fuels such as gasoline and diesel. I remind everyone that, following Hurricane Katrina, I introduced a bill, H.R. 4043, to have the National Academy of Science study the feasibility of creating a strategic gasoline reserve. The lessons of 2005 go far beyond a wake-up call. Not only should we expect the unexpected, but we should be prepared for the unimaginable. Anything less could be catastrophic. Besides the extraordinary and tragic loss of human life of two 100-year storms in the same season, we are left with almost $3-per-gallon average gasoline prices entering the 2006 hurricane season. The production of petroleum and natural gas in the Gulf of Mexico is just now getting back close to normal levels. Petroleum refining capacity was already stretched to the limit before the 2005 hurricanes. The importance of the Gulf to the United States cannot be overstated. It is the energy breadbasket for our Nation. For the 2006 hurricane season--and I do not want to preempt the testimony--but NOAA forecasts that we will have above- average activity. One noted forecaster has calculated that there is almost a 40-percent chance of the area of Florida or the Florida panhandle, into Brownsville, TX, being hit by a category three, four, or five hurricane in 2006, and I am sure we will hear much more detail as the witnesses begin. Bearing this in mind, it is critical that we assess government and industry's preparedness efforts to keep the critical fuels flowing from the Gulf of Mexico to the rest of the country. Spiking fuel prices are a grave concern, but even higher prices pale in comparison to the consequence of widespread fuel shortages. During the crisis after Hurricane Katrina, parts of the country were within hours of running short of critical fuels. It was only through the ingenuity and determination of government and industry personnel that the fuel crisis was averted and the U.S. economy did not grind to a halt. Much was learned from the events of last year. It is imperative that the lessons learned be applied in a systematic manner. Government and energy industry must closely coordinate their preparedness in response efforts. In short, are the Federal Government and industries prepared to keep the fuel flowing from the Gulf of Mexico this hurricane season? The answer to this question must be affirmative, and it must be answered in actions, not only words. Today, we have experts from government, industry, and the marketplace to help answer this over-arching question. For our first panel of witnesses, we are privileged to have General David Johnson, director of the National Weather Service; Admiral Thomas Barrett, recently sworn in as Administrator of Pipeline & Hazardous Material Safety Administration, Department of Transportation--congratulations, Admiral--and once again, we are joined by the Honorable Guy Caruso, Administrator of the Energy Information Administration. [The prepared statement of Hon. Darrell E. Issa follows:] [GRAPHIC] [TIFF OMITTED] T3118.001 [GRAPHIC] [TIFF OMITTED] T3118.002 [GRAPHIC] [TIFF OMITTED] T3118.003 [GRAPHIC] [TIFF OMITTED] T3118.004 [GRAPHIC] [TIFF OMITTED] T3118.005 [GRAPHIC] [TIFF OMITTED] T3118.006 [GRAPHIC] [TIFF OMITTED] T3118.007 [GRAPHIC] [TIFF OMITTED] T3118.008 Mr. Issa. I look forward to hearing from our distinguished panel today. When our ranking member is able to join us, we will undoubtedly pause, if she would like, for her opening remarks. Since we have no other requests for opening statements, I would ask that each of the witnesses stand, along with anyone who is going to provide information, to take the oath, as is required by this committee. [Witnesses sworn.] Mr. Issa. Let the record show that three witnesses and four in the back row have all been sworn. Before we begin, I would like to thank all who have attended. This is a real showing of the level of interest to have this committee room filled to the brim when, often, subcommittee hearings are echo chambers. I think that speaks well of the gravity of what we are going to hear today. With that, I would like to begin with Gen. Johnson. STATEMENT OF GENERAL DAVID L. JOHNSON, DIRECTOR, NATIONAL WEATHER SERVICE, NOAA; ADMIRAL THOMAS BARRETT, ADMINISTRATOR, PIPELINE & HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION; AND GUY CARUSO, ADMINISTRATOR, ENERGY INFORMATION ADMINISTRATION STATEMENT OF DAVID L. JOHNSON General Johnson. Good afternoon, Mr. Chairman and members of the committee. I am General David Johnson, Assistant Administrator for Weather Services and the director of the National Weather Service at the National Oceanic and Atmospheric Administration [NOAA], in the Department of Commerce. Thank you for inviting me here today to discuss the outlook for the 2006 Atlantic hurricane season. Last year's hurricane season set records for the numbers of hurricanes and tropical storms. However, whether you are predicting an above-average hurricane season like this year or even a below-normal season, such as in 1992, the crucial message is the same: prepare, prepare, prepare. It only takes one powerful hurricane like Andrew or Katrina to expose our vulnerabilities. First, let me express my sincere gratitude to the members of your committee. Your continued support of NOAA and our hurricane program enables us to make the best forecast possible in order to help protect lives, property and livelihoods. There is a great interest among the media and public in the research community about the upcoming hurricane season. People want to know how many hurricanes there will be and the chances of one hitting their area. This attention generates needed awareness about the potential effects of hurricanes and helps ensure people take the right actions at the right time. The official hurricane season began just a week ago, on June 1st, and runs officially through November 30th. The average peak activity occurs with the warmest water temperatures from the middle of August to the end of October. NOAA's official prediction for the 2006 Atlantic hurricane season is for 13 to 16 named tropical storms, with 8 to 10 of those storms becoming hurricanes. Of those, we predict four to six will be major hurricanes, or what we call a category three or higher, packing winds over 110 miles per hour. It is these category three storms that are the ones likely to cause the most extensive damage. This hurricane season, we are predicting an 80-percent likelihood of an above-average number of storms in the Atlantic basin, and that is the highest probability we have ever predicted in a May outlook. This high degree of confidence in our seasonal forecast comes from many favorable conditions, including warmer sea surface temperatures in the Atlantic basin, combined with a lower wind shear, low surface pressures, and an African easterly jet stream. Many believe these favorable conditions, which started coming together around 1995, are part of the multi-decadal climate pattern which peaked in the 1950's and 1960's. This multi-decadal signal could keep us in an active period for major hurricanes for another 10 to 20 years or more. One question that is raised frequently is the role of climate change and how that affects hurricane frequency and intensity, and this issue is important to NOAA. Our meteorologists and research scientists are actively engaged in ongoing research to better understand how this climate variability and change may impact hurricane frequency and intensity. Steering patterns for major hurricane landfalls can sometimes persist over years. During the 1940's, many major hurricanes hit Florida. During the 1950's, the focus of land- falling hurricanes shifted to the U.S. east coast, and during the 1960's, the central and west Gulf States were again hit by hurricanes. This pattern might lead one to assume that, given the recent major hurricanes in 2004 and 2005, Florida and the Gulf coast are likely targets again this season. However, in each of those decades, there were exceptions, with some hurricanes impacting other areas of the coast. While it is possible to observe these trends and make generalizations, it is important to understand that, in any given year in the Atlantic, a hurricane can impact any part of the U.S. coastline from Texas up to Maine, and it only takes one hurricane over a given community to make a bad year. In 1983, there was only one land-falling hurricane in the United States, but it was category three Alicia that hit the Houston and Galveston area, and in 1992, we only had one hurricane make landfall in the United States, but that was category five Hurricane Andrew, which hit southern Miami and Dade County, FL. The message from NOAA's National Weather Service is very consistent. We want every business, every family, every individual, and every community or industry that operates on or near the coast to have a hurricane preparedness plan and have it in place at the start of the hurricane season. I must emphasize that any city or community along the coast can be devastated by a hurricane and that a hurricane is not just a coastal event. The strong winds, heavy rains, flooding, and tornados from weakening tropical systems can spread well inland. The damage created can hinder recovery or continued evacuation efforts, and lead to increased loss of life and property. While NOAA has made great strides in the accuracy of our hurricane track forecasts, much more work needs to be done, especially on intensity forecasts, and we have been very honest about that. NOAA has asked outside experts to review our research and our programs to improve our forecast intensity capabilities, and NOAA also continues to test new products and models to improve our overall hurricane forecast. We do intend to introduce a new hurricane modeling system called the Hurricane Weather Research and Forecasting Model, developed by the National Center for Environmental Prediction. We appreciate the Congress' support of this effort and its overall support for the satellites, the aircraft, the buoys, and most importantly for the people who make these critical forecasts possible. While NOAA will continue to do its best to provide accurate forecasts with as much warning as possible, it is my hope that each family, each business, and each community on or near the coast will develop and be able to execute a hurricane preparedness plan. We must all be ready to protect lives and property from the power of hurricanes. I thank you for your time today, sir, and look forward to the questions. [The prepared statement of General Johnson follows:] [GRAPHIC] [TIFF OMITTED] T3118.009 [GRAPHIC] [TIFF OMITTED] T3118.010 [GRAPHIC] [TIFF OMITTED] T3118.011 [GRAPHIC] [TIFF OMITTED] T3118.012 [GRAPHIC] [TIFF OMITTED] T3118.013 [GRAPHIC] [TIFF OMITTED] T3118.014 [GRAPHIC] [TIFF OMITTED] T3118.015 Mr. Issa. Thank you, General, and without objection, all of the witnesses' written and oral testimony will be in the record, and without objection, we will also leave the record open for 5 days for additional inclusions or answers that come from today's panel. Admiral Barrett. STATEMENT OF THOMAS BARRETT Admiral Barrett. Good afternoon, Mr. Chairman. Thank you for your leadership in scheduling this hearing and on this issue, and the invitation to appear and discuss PHMSA's response to last year's hurricanes and our preparedness for this year. Secretary Mineta is keenly focused on the Department of Transportation's crisis response responsibilities, as I am for Pipeline and Hazardous Materials Safety Administration. In my view, PHMSA personnel and the pipeline industry did a terrific job last year, under very difficult conditions, to keep fuel flowing from the Gulf following the storms. Lessons learned from that experience have helped us prepare for the current season. Secretary Mineta and PHMSA both understand the role our pipeline transportation systems play in the national energy supply, and the risk of fuel shortages from mid-Atlantic States that could followupon a major storm. When Katrina and Rita hit last year, PHMSA moved quickly and aggressively to help industry return transmission lines to full service. As you may be aware, the hurricanes did not do extensive damage to the underground transmission pipelines, and historically, above-ground pipeline facilities have performed well during hurricanes. However, the storms did cause extensive damage to the electric power transmission network that pump stations rely on for power, and restoring power to those major pumps rapidly emerged as the critical issue. Immediately after landfall of Katrina, PHMSA personnel surveyed damage and monitored pipeline service restoration activities throughout Louisiana, Mississippi, Alabama, and Texas. Through contacts with pipeline operator and their customers, PHMSA was able to forecast fuel shortages throughout the southeast and mid-Atlantic within 48 hours of landfall. If you will look at the first chart, you can see the storm track up through central Mississippi would have affected a number of major pump stations on both Plantation and Colonial lines, which are major feedings to the northeast. PHMSA personnel from headquarters were dispatched by Secretary Mineta to provide onsite coordination with local emergency response centers. They worked with the FAA to facilitate emergency fly overs for damage assessments and with the Federal Motor Carrier Safety and Federal Highway Administrations to obtain police escorts and waivers of hours for service and weight restrictions to safely and rapidly move 19 large generators from around the country, as far away as Washington State, to restore pumping capability. Dedicated PHMSA personnel traveled to remote storm-damaged areas to help industry personnel assure manual pipeline startups were safe. PHMSA issued special permits to Mississippi, Alabama, Louisiana, Florida, and later, Texas, for Rita, to accommodate emergency transportation, and rescue and relief materials, and facilitate removal of debris. The bottom line is potential fuel shortages that could have had major impacts up to the mid-Atlanta were averted by rapid response and solid teamwork between industry, PHMSA, FERC, and multiple other Federal, State, and local agencies, and if you look--you can see the track on restoration and how it worked. This is Katrina, but on the Plantation lines, you can see that, within several days--August 30th would have been Tuesday, so it is 2 days after the storm hit, a day after landfall there. Restoration was crucial and moved rapidly. On Colonial, you can see the same thing. It took a little longer. It is a much larger line. This line is over a 2-million- barrel-a-day capacity, and so, it took a little longer to restore, but it was promptly brought back in service. Following the experience of the 2005 season, we have looked at lessons learned and steps we could take to prepare for future challenges. Our approach will be to analyze risk prior to an event, bring rapid assessment of potential impacts, help mitigate releases, facilitate safe restoration of fuel supply, and approve special permits as warranted to facilitate movement of supplies. We have been meeting regularly with the pipeline industry, FERC, DHS, DOE, and FEMA officials to execute responsibilities under the national response plan. Our regional and headquarters personnel have participated in numerous drills and training exercises to more effectively deal with potential emergencies. In the office of our chief safety officer, we have established a new focal point for security and emergency preparedness. Last week, Secretary Mineta visited the Gulf coast to discuss with State and local leaders ways to improve large- scale emergency response plans. In addition, PHMSA staff met with Mississippi and Louisiana officials, including the staffs of Governor Barbour and Governor Blanco, to discuss emergency response actions, held discussions with the Mississippi Emergency Management Agency, the Louisiana Department of Natural Resources, Louisiana Department of Homeland Security, on the best ways to resolve potential pipeline and related transportation emergencies, and we intend to continue those meetings with local officials in other States as we move forward. Mr. Chairman, like you, DOT and PHMSA are committed to safe operation of our Nation's pipeline transportation system under both normal and emergent conditions. We understand how important this is to our economy and to the safety and security of our citizens. I will be glad to respond to questions, and I thank you and the committee for your interest and attention on this issue. [The prepared statement of Admiral Barrett follows:] [GRAPHIC] [TIFF OMITTED] T3118.016 [GRAPHIC] [TIFF OMITTED] T3118.017 [GRAPHIC] [TIFF OMITTED] T3118.018 [GRAPHIC] [TIFF OMITTED] T3118.019 [GRAPHIC] [TIFF OMITTED] T3118.020 [GRAPHIC] [TIFF OMITTED] T3118.021 [GRAPHIC] [TIFF OMITTED] T3118.022 [GRAPHIC] [TIFF OMITTED] T3118.023 [GRAPHIC] [TIFF OMITTED] T3118.024 [GRAPHIC] [TIFF OMITTED] T3118.025 [GRAPHIC] [TIFF OMITTED] T3118.026 [GRAPHIC] [TIFF OMITTED] T3118.027 [GRAPHIC] [TIFF OMITTED] T3118.028 Mr. Issa. Thank you, Admiral. Mr. Caruso. STATEMENT OF GUY CARUSO Mr. Caruso. Thank you, Mr. Chairman, and I appreciate the opportunity to present the Energy Information Administration's energy market outlook and discuss the potential effects of the hurricane season. As you know, EIA is the independent statistical and analytical agency in the Department of Energy. As of today, we released our Short-term Energy Outlook for June, and we see crude oil prices continuing to rise this year and into next year. As you know, they are set in international markets based on world oil supply and demand, and recently, strong economic growth worldwide has accelerated the demand growth, while global production capacity has struggled to keep pace. This is an industry straining to meet the demand it is facing. At the same time, the perceived risk to supply caused by political instability and other factors, such as natural disasters, continually affect the market. In our current short-term outlook, the monthly average price of crude oil is expected to average $68 per barrel in 2006 and 2007, with retail gasoline prices projected to average $2.60 per gallon in both years. Looking at the 2006 summer driving season, we expect gasoline to average about $2.75 per gallon, nearly 40 cents higher than last summer. U.S. crude oil production should increase this year, recovering from last year's hurricane damage, but only moderate increases in both OPEC and overall non-OPEC production are expected. At the same time, world demand for oil is expected to increase by 1.7 million barrels per day in 2006, and 1.9 million barrels per day in 2007, with China accounting for about half-a-million barrels a day of the growth in both years. Limited surplus capacity and concerns about potential supply problems, not only due to natural disasters but geo- political events, continue to keep upward pressure on oil prices. Turning to natural gas, total demand in 2006 is expected to be slightly lower than last year, due mostly to the mild winter conditions that reduced heating needs earlier this year. However, industrial demand is expected to increase with the recovery in the natural gas-intensive industries following last year's hurricanes. It is important to note that our projections do not include any production losses or outages from hurricanes this season. However, significant amounts of U.S. oil and natural gas production and refining capacity are potentially vulnerable to hurricane-related disruption. In 2004, the federally administered areas in the Gulf of Mexico contributed 27 percent of the total U.S. crude oil production and 20 percent of total natural gas. There was also significant production in the off-shore and on-shore of the State administered areas in Alabama, Louisiana, Mississippi, and Texas. In addition, Gulf coast States account for more than 46 percent of U.S. refinery capacity. Hurricanes Katrina and Rita passed through the heart of the Gulf producing region. According to the Minerals Management Service, as of June 1st this year, total production of crude has been reduced by more than 160 million barrels, and production of gas by nearly 800 billion cubic feet due to the effect of last year's hurricanes. That amounts to about 30 percent and 21 percent of a normal year's oil and natural gas production from the Federal off-shore fields. About 228,000 barrels a day of Gulf production and 1.1 billion cubic feet per day of natural gas still remain off- line, some permanently. At the height of the refinery outages in late September, nearly 30 percent of U.S. refinery capacity and over 60 percent of refinery capacity in the Gulf coast region were shut down. From August 26th through the end of 2005, about 105 million barrels of refined products were not produced as a result of refinery shutdowns. In addition, some refinery maintenance that would normally have occurred last fall was deferred to this spring. The effects of Katrina and Rita and, to a lesser extent, Hurricane Ivan in 2004 were unusually severe compared to past experience. As discussed in my written testimony, the impacts of Katrina and Rita on refinery operations were even more exceptional, pushing the normalized index of refinery capacity utilization in the Gulf coast during October and September far below levels experienced at any time over the past 20 years. As General Johnson has just detailed, NOAA has issued its preliminary outlook for this year's hurricane season, with an 80-percent probability of above-average hurricane--number of hurricanes, and particularly major hurricanes. There is considerable uncertainty, as General Johnson has indicated, in predicting disruptions to oil and natural gas operations due to hurricanes, because it depends on the precise locations and intensities of the storm. However, based on our analysis of the last 45 years of production losses and taking into account the current NOAA forecast, we expect the total reduction in crude production from Federal off-shore to range from zero to 35 million barrels during this hurricane season, with a reduction in natural gas ranging from zero to 206 billion cubic feet. In addition to the potential damage from production--to production and refinery operations, hurricanes have other potential effects, such as disruptions in transportation, as Admiral Barrett has just indicated, electric power supply, and other necessary infrastructure. Last year, EIA assisted DOE's Office of Energy Delivery and Energy Reliability, and the Office of Fossil Energy, in their emergency response efforts during the hurricane season. We stand ready again to support them and the agencies represented at this table, and others, in responding to any potential disruptions this year. Mr. Chairman, this completes my oral testimony, and I would be happy to answer questions at the proper time. [The prepared statement of Mr. Caruso follows:] [GRAPHIC] [TIFF OMITTED] T3118.029 [GRAPHIC] [TIFF OMITTED] T3118.030 [GRAPHIC] [TIFF OMITTED] T3118.031 [GRAPHIC] [TIFF OMITTED] T3118.032 [GRAPHIC] [TIFF OMITTED] T3118.033 [GRAPHIC] [TIFF OMITTED] T3118.034 [GRAPHIC] [TIFF OMITTED] T3118.035 [GRAPHIC] [TIFF OMITTED] T3118.036 [GRAPHIC] [TIFF OMITTED] T3118.037 [GRAPHIC] [TIFF OMITTED] T3118.038 [GRAPHIC] [TIFF OMITTED] T3118.039 [GRAPHIC] [TIFF OMITTED] T3118.040 [GRAPHIC] [TIFF OMITTED] T3118.041 [GRAPHIC] [TIFF OMITTED] T3118.042 [GRAPHIC] [TIFF OMITTED] T3118.043 [GRAPHIC] [TIFF OMITTED] T3118.044 [GRAPHIC] [TIFF OMITTED] T3118.045 [GRAPHIC] [TIFF OMITTED] T3118.046 [GRAPHIC] [TIFF OMITTED] T3118.047 [GRAPHIC] [TIFF OMITTED] T3118.048 Mr. Issa. Thank you, and I will start off with 5 minutes of questioning. Mr. Caruso, you know, I think facts and figures are great, and I have a staff that goes through them and runs the numbers and pours over them, but in layman's terms, if we are to assume the upper end of those shortages that you just described occur, and since last year we came within, I believe it was hours, sometimes adding up to a day, sometimes not, of running out of, for example, jet fuel here in Washington, DC. If we hit the upper end due to an outage, not similar to last year but based on your forecast, do the pipelines go dry for a period of time, and if so, what can we or are we likely to be able to do as far as preventing aircraft trapped on the ground in airports and unmanageable lines for other fuels? Mr. Caruso. Well, if the intensity is limited to those numbers that I have just discussed--and we also know that there is certainly a potential for revisions upward--it would put upward pressure on price, but this level is so much less than last year, I do not think there would be a issue of anywhere near the reduction in supply or the potential disruptions that you indicated. So, I would say it would probably be limited to price impacts, and depending on how long the refineries or pipelines were off-line, I do not see it approaching anywhere near the intensity or disruption level of last year. Mr. Issa. I hope you are right. I guess I would followup with one quick question, which is that, since inventories are generally--and capacity is not as good as it was going into last year's hurricane season, and since jet fuel does not enjoy the elasticity of demand, if prices go up, it does not change the amount of fuel necessary to make the amount of flights that we have people demanding, and even raising the cost of a ticket doesn't reduce that many people who physically use aircraft to travel, we can presume that aviation fuel, particularly, is not going to go down over even days or weeks of short supply. So, price is not going to change that. If price does not change that, are we reasonably at risk that, as close as we came last year, we could find ourselves unable to supply, if there is a refinery outage even close to last year, the aviation fuel in the northeast? Mr. Caruso. I think the other element that you have to take into account is inventories, and as of now, the starting of the season, inventories of jet fuel and other--what we call middle distillates--are in reasonable good shape. So, we do think that, again, based on the assumption that we do not get above the numbers that I have talked about, we should have adequate supply, but as I mentioned, there would be an impact on prices. Mr. Issa. General Johnson, as a southern Californian, I often ask too many questions about the southwest part of the United States, so please note that my biggest concern right now is: if a hurricane were to hit the Washington to Maine coast, particularly along New York and New Jersey, where we import fairly substantial amounts of gasoline and distillates, what would be the effect? General Johnson. Well, sir, any coastal community or port is certainly at risk, and New York, for example, has had significant hurricanes in 1985 with Gloria and with Bob in 1991. I think probably the most memorable one was 1938, where a category three came in with 10 to 12 foot surge going in. That is a pretty significant surge. Katrina had doubled that in the Gulf coast, and the Mississippi coast had about double that, but that is a significant surge and could disrupt port operations; I defer to the port experts on that. Our job is to provide on accurate, timely forecast, and so, we will be watching the east coast and the Gulf coast very carefully this year. Mr. Issa. Would you say, based on your predictions that we have a higher-than-normal opportunity to have that kind of hit to New York and New Jersey this year versus previous years? General Johnson. I have heard speculation on geographic proximity, and I believe that is exactly what that is. That is speculation at this point in time. There are so many factors that go into where the hurricane will actually track. I think there is, however, sir, a direct correlation with higher-than-average and an above-normal season and with a higher probability for land-falling hurricanes. However it is, in fact, scientifically less believable that we can associate with a geographic proximity at this point in time. Mr. Issa. Well, I do note that, yesterday, on June 6, 2006, with the prime rate at 6.6, they said there was only a 1 in 100,000 chance that it would be the end of the world. General Johnson. I will defer to you, sir. Mr. Issa. Those were odds I could live with, but obviously, the odds are dramatically more likely than 1 in 100,000. For all practical purposes, isn't this, particularly at this high level of activity--we are sort of in that it is going to happen once in a 100 years and it is going to happen more likely at this point in the 100 years than some other points, from a weather standpoint? General Johnson. Sir, we do see that cyclical, multi- decadal signal, and since 1995, we have only had 2 years in the last 11 that have been below normal, and those were both El Nino years. So, at this point in time, I believe that we are in this above-normal decadal signal and we will remain there for the next decade or so. So, yes, sir, I think that this is something that all America needs to pay attention to, especially those on the coast, but as you point out, those effects can go inland through energy and other industries, as well. Mr. Issa. Thank you. Mr. Caruso, did you have a partial answer to that first question? Mr. Caruso. Yeah. One point to keep in mind about New York and the east coast---- Mr. Issa. New York, New Jersey, Connecticut. Let's not forget Connecticut. Mr. Caruso. I could never forget my home State. The refining concentration in the Gulf coast, 46 percent of the country's refining capacity, makes it obviously far more critical to the supply. For example, there are 1.5 million barrels a day of refining capacity in the east coast, and 7 million in the Gulf coast, but as the General just pointed out, the ports are critically important, because they import substantially more product into the east coast, as a share of their final consumption, than any other region. So, that is the area where I would be most concerned about in terms of weather-related disruptions: port activity disruption, as opposed to refineries themselves or even pipelines. Mr. Issa. Admiral, that probably brings us very logically to you. All of you spoke a little bit about where we are this year versus last year, but that is the short run. That is how much we could patch together with string and a little glue. What is left to be done for this year that you are in the last minutes of trying to figure out how to do it? Obviously, down in New Orleans, we are very acutely aware that they are welding and pushing to try to get things done, and they are past what was their deadline. Admiral, what is it we have to do, perhaps with additional emphasis from the Congress, for the long run, for this entire 10-year period in which we are probably at triple or quadruple the chances of a 100-year flood occurring or a 100-year hurricane cycle? Admiral Barrett. Sir, in terms of this year, and particularly in light of your earlier question, I would point out, there is a little more resiliency and flexibility once you get above Baltimore in terms of--you have multiple modes, as Guy mentioned, you have stuff coming in, in terms of restoring capacity or capability. You do have pipelines coming up. You do have pipelines coming up to the midwest and coming across, and you have barge and shipping transportation. So, there is a little more flexibility up there once you move up into the Baltimore-Washington-New Jersey corridor. I think fundamentally, if I take your question, I think Secretary Mineta has an initiative to reduce, over the long term, congestion on our Nation's highways. It is an impediment to economic growth and a national-level issue that needs attention. Well, in a similar sense, I think we need to be creative about ways, with the industry and with the Congress and the administration, to reduce congestion on the energy highways, if you will, the means by which we move energy around this country and provide the reliability of those supplies to American citizens. So, I think, long-term, we need to take a look at that issue: the congestion of the energy highway, as well as the Secretary has clearly stated the need to pay attention to our national highway system. That is what I think needs attention. Mr. Issa. Obviously, we, as Californians, are acutely aware of what happens when a highway becomes a parking lot, and that is just every day, and that is without earthquakes or hurricanes. But Admiral, following up, the pipelines that we depend on in the northeast, the Colonial and Plantation, we depend on them operating at virtually peak level. First of all, what happens if we have widespread flooding, we lose electricity, they shut down? What are we doing to prevent that, to really attack the fact that we are an electric economy, that we depend on electricity to get petroleum, rather than we think that petroleum creates electricity? Admiral Barrett. I think the industry, following, again, the lessons learned--and we certainly have been looking at this from last year--have been much more aggressive in positioning in place emergency generators, food and water supplies. In addition, they are paying more attention to how they can get their employees into these sites, gaining appropriate access, and I do think it is going to depend on what we encounter. Despite the increasingly accurate predictions, it is a little hard to know exactly what will be hit, but I know they have been moving aggressively, and we have been monitoring their efforts to put more capability in place, to be more immediately responsible to any outage that is caused by loss of electrical grid. Mr. Issa. I am just going to ask one closing question, and you have been a great panel, but last year, we discovered two things. First of all, we did not know where a lot of the assets that we needed were. We might not have known we needed them until the incident occurred, but once we did, we did not know where they were. It took a while to find out where generators were. You included the fact that some came from as far away as Washington State to the Gulf. Then, second, once we had located them, contracted them, crews were driving them in, we discovered that they had been stopped by the very people who were intending to provide relief. One, what have we done about the first part, to your knowledge, and this includes both liquid assets in the way of replacement fuels and solid assets--for example, generators-- and two, to the extent that each of you has overseen this, what are we doing to guarantee that if the asset is located and heads in, that it will arrive uninterrupted? Admiral Barrett. Thank you, sir. In response to your first question, there has been a lot more planning this year at multiple levels within the Federal Government, partnering with industry and at the State and local levels, to make sure that the assets, to the extent they can be anticipated, are identified, that mechanisms are in place to prioritize and assign them to where they are needed. I know for a fact that the industry has been very aggressive, at least the pipeline industry, in making sure they have in their pocket, if you will, a little more depth to deal with emergent conditions, and I think, two, the Federal Government, led by the Department of Homeland Security, and from our perspective at Department of Energy, and FERC, specifically, have been paying much more attention to how, in an emergency, at both the national level and down at the local level at emergency operations centers and command centers, appropriate prioritization, with law enforcement support, would be in place. Last year, I know my deputy, Brigham McGown, was very heavily engaged in arranging escorts from law enforcement to move this equipment onto the sites where it was needed. Our hazardous material folks worked with other agencies, Federal motor carriers, to get the special permits we needed. I believe, from what I know that those mechanisms will be much more regular this year, and we are still working on that. We are exercising regularly, and we will continue to do that, and pay attention to where we identify any risks. Mr. Issa. Thank you. I am going to break my own promise where I said this was the last question. There was one other piece of testimony that came out, and it was maybe an offhand remark, but I do not know that most of us on this side of the dais are used to the term ``and some assets in the Gulf are permanently off-line.'' Mr. Caruso, that was in your opening testimony. Can you provide the committee--because I do not think we are aware of what and why assets--and I am basically talking about wells--are abandoned as a result of last year and what the impact of that is, to the extent that it can be quantified. Mr. Caruso. I would be happy to do that. Minerals Management Services has made that estimate. Mr. Issa. I appreciate it. All congressional committees pride themselves on knowing everything. I would appreciate it if you would help me in getting that. Mr. Caruso. I would be happy to do that, Mr. Chairman. Mr. Issa. In closing, I would like to thank all of you for excellent testimony, excellent question and answers. We were very fortunate to have you with us here today. This is no surprise that, if all goes well, we will not have you back, but if any concern develops I have no doubt that we will all be together again. Thank you again, and we will hold the record open for 5 days. We will now hear from our second panel. With us today, we have Mr. Robert Greco, group director of upstream and industry operations for the American Petroleum Institute, and Mr. Tyson Slocum, energy program research director of Public Citizen. Before we proceed with the second panel, I apologize, but I do not believe you have been sworn in yet. Mr. Slocum. No. Mr. Issa. Would you please rise to take the oath? Is there anyone with you that is going to advise? It is harmless. It does not hurt a bit. Thank you. [Witnesses sworn.] Mr. Issa. Let the record indicate all were in the affirmative and smiling, and before we begin, I would like to recognize my ranking member, Ms. Watson, for an opening statement. Ms. Watson. Mr. Chairman, I would like to apologize for being so late to this meeting. It was unavoidable, but thank you for proceeding on, and I also want to thank you for convening this most important hearing. This subcommittee can play a vital role in examining the issues regarding the availability of fuel supplies during this upcoming hurricane season. Protecting the gas and oil infrastructure in the Gulf of Mexico is essential to ensure that gas prices do not exceed the record highs they are at this time. The Gulf produces 20 percent of domestic natural gas production and 28.7 percent of domestic off-shore crude oil production. In the upcoming weeks, we must work diligently so we will not be faced with the same fuel supply problems that we encountered during the 2005 hurricane season. A repeat of last year's unpreparedness would be devastating to our Nation's economy. Mr. Chairman, gas prices rose above $3 a gallon in September 2005, creating record highs. Constituents in my home State, and yours, of California experienced situations where gas stations did not have any oil to sell. In northern California, along with a few other States in the union, constituents faced jacked-up prices in excess of $6 per gallon of unleaded gasoline. We do not want America to experience this kind of financial strain again. The Gulf of Mexico also provides an estimated 47.4 percent of the total U.S. domestic refining capability. A shutdown or even partial shutdown of this region would have a disastrous effect on our Nation's oil and gas processing. The National Oceanic and Atmospheric Administration has predicted a very volatile hurricane season in this year, 2006. In 2005, there were an unprecedented 28 storms and 15 hurricanes. This season, scientists are predicting at least 13 to 16 named storms, with 8 to 10 becoming hurricanes. Powerful storms can and do cause tremendous damage; we witnessed that. A destructive storm has a ripple effect on every citizen's pocketbook, as well as on every citizen's life. Oil companies are in a very powerful position. The global thirst for oil has placed American consumers in a very difficult situation. An investigation by the Government Accountability Office finds that recent mergers in the U.S. oil industry have dramatically increased concentration in the refining sector. In the last 30 years, there have not been any new refineries built in the United States. The increase in market concentration has allowed oil companies to withhold supply, thereby increasing prices. This makes it easier for companies to drive up gas prices while holding consumers hostage. Mr. Chairman, we must look at ways to decrease demand, increase fossil fuel efficiency, and explore alternative fuel sources. Couple those thoughts with the expanding refining capacity of existing industry, and we will start to move down the right path. So, thank you again for holding this hearing, and with the Gulf region comprising almost half of this Nation's domestic oil refining, one-third of America's domestic oil production, and one-fifth of the natural gas production, the safety and the security of the Gulf of Mexico should be at the forefront of our agenda. I look forward to questions and dialog with our witnesses today, and I hope we will not have to go through the travesty suffered last August and September in New Orleans and the rest of the Gulf, or at the pump, ever again. I yield back my time. [The prepared statement of Hon. Diane E. Watson follows:] [GRAPHIC] [TIFF OMITTED] T3118.049 [GRAPHIC] [TIFF OMITTED] T3118.050 [GRAPHIC] [TIFF OMITTED] T3118.051 [GRAPHIC] [TIFF OMITTED] T3118.052 Mr. Issa. I thank the gentlelady, and I particularly thank you for noting that our efforts to go toward bio-diesel and ethanol, including in California, where there are a number of new facilities under construction, will take us away from a dependence on nearly half of all our refined fuels coming out of the Gulf, but for today, I am pleased to have a panel that can help talk about how we get through this season. I would ask that you bear in mind we have already received unanimous consent that your written statements be put in the record, and additionally, you will be allowed to augment with extraneous or pertinent information, as you see fit, and answers to any questions you are unable to answer today. So, I would encourage you very much to stay within the 5- minutes for your opening statements, and to use as much of the ideas not already preprinted as you possibly can. Mr. Greco. STATEMENTS OF ROBERT GRECO, GROUP DIRECTOR OF UPSTREAM AND INDUSTRY OPERATIONS, AMERICAN PETROLEUM INSTITUTE; AND TYSON SLOCUM, ENERGY PROGRAM RESEARCH DIRECTOR, PUBLIC CITIZEN STATEMENT OF ROBERT GRECO Mr. Greco. Thank you, Mr. Chairman. Good afternoon. I am Bob Greco, group director of industry operations and upstream for API, the national trade association of the U.S. oil and natural gas industry. We appreciate this opportunity to discuss the oil and natural gas industry's hurricane preparedness. During and following last year's hurricanes, API and the industry worked closely with Federal agencies, including the Departments of Energy, Transportation, Homeland Security, Minerals Management Service, the EPA, the Coast Guard and others. We want to thank these agencies for their cooperation and support as we work together to learn from last year's experiences and prepare for this year's hurricane season. The suggestions which follow are meant to improve on an already positive and very successful working relationship between the government and the oil and natural gas industry during this past hurricane season. Our industry is proud of its hurricane record. The off-shore infrastructure in the Gulf, which includes 4,000 platforms and 33,000 miles of pipeline, survived the hurricanes well, with no loss of life and no significant off- shore exploration and production releases. Our industry's on-shore operations were safely shut down as the storms approached, and then safely restarted. Finally, the industry worked with Federal and State authorities and electric utilities to get pipelines moving product as quickly as possible. Improved operational coordination is now underway with government agencies at all levels. In March, API held a 2-day hurricane conference to discuss lessons learned and identify areas for improvement. Government participation included DOE, DOT, MMS, DHS, EPA, the Coast Guard, and State and local agencies. Many industry participants also attended a DOE-sponsored meeting in Mississippi. Last week, API joined with DOE and MMS at a joint press conference to discuss hurricane preparedness, and just this past Monday, API hosted a hurricane round-table of all sectors of the industry and relevant Federal agencies and trade associations. As we enter the hurricane season, it is critically important that agencies communicate and coordinate hurricane response efforts. We need to work together to eliminate overlap or duplication of effort by multiple government agencies, which can result in duplicative requests for information from companies, misdirection of requests within companies, and other inefficiencies. It is even more critical that government, to the extent possible, helps to ensure that a high priority is given to facilitating a company's transportation and use of emergency back-up generation and restoration of commercial power to pipelines and refineries. Companies also need to work closely with emergency responders and local law enforcement to ensure that back-up electrical generators and other essential equipment are not commandeered for other purposes, which was another concern last year. In addition, government authorities need to ensure that company personnel have access to refineries, pipeline facilities, and other infrastructure to assess damages and provide repair quickly. Denial of such access was a problem in some cases during last year's hurricanes and delayed restart of operations. Our industry's experience responding to Katrina and Rita underscored a fact that was already well known. Our employees are our most important asset. In preparing for the upcoming hurricane season, API member companies have taken a number of activities to ensure that their employees are, first and foremost, safe during and after a hurricane, that they have the needed supplies and resources for survival, and ultimately can return to their jobs when conditions permit. Examples include coordination of personnel evacuation plans to ensure that companies know where employees are and can communicate with them; establishment of distribution centers to provide food, potable water, and other essential products to employees in need; and identification of alternative housing arrangements for employees who have lost their homes. API and the industry will continue to work closely with government agencies, and continually reviews our industry standards and operating practices. The development of consensus industry standards is one of API's oldest and most successful programs, dating back to our first standards in 1924. Today, API maintains some 500 standards that promote safety, efficiency, and environmental protection for all segments of the oil and natural gas industry, and over 100 of these standards are referenced in Federal regulations. In recent weeks, API published the first two interim recommended practices, or RPs, to improve the performance of drilling rigs, several of which drifted off location during that hurricane. These interim RPs can be downloaded free of charge at API's Web site, www.api.org, and MMS has already quickly incorporated these guidelines into their regulations. While the drifting of these rigs did not cause spills, both industry and government were concerned and saw a need to improve rig performance. In conclusion, these interim RPs and our sponsorship of and participation in hurricane preparedness meetings and conferences are just a few examples of how the industry is moving ahead rapidly to be better prepared as the next hurricane season begins. Working together, industry and government can meet the challenges we face. Thank you again for this opportunity, and I look forward to answering your questions. [The prepared statement of Mr. Greco follows:] [GRAPHIC] [TIFF OMITTED] T3118.053 [GRAPHIC] [TIFF OMITTED] T3118.054 [GRAPHIC] [TIFF OMITTED] T3118.055 [GRAPHIC] [TIFF OMITTED] T3118.056 [GRAPHIC] [TIFF OMITTED] T3118.057 [GRAPHIC] [TIFF OMITTED] T3118.058 [GRAPHIC] [TIFF OMITTED] T3118.059 [GRAPHIC] [TIFF OMITTED] T3118.060 [GRAPHIC] [TIFF OMITTED] T3118.061 [GRAPHIC] [TIFF OMITTED] T3118.062 [GRAPHIC] [TIFF OMITTED] T3118.063 [GRAPHIC] [TIFF OMITTED] T3118.064 [GRAPHIC] [TIFF OMITTED] T3118.065 [GRAPHIC] [TIFF OMITTED] T3118.066 [GRAPHIC] [TIFF OMITTED] T3118.067 [GRAPHIC] [TIFF OMITTED] T3118.068 [GRAPHIC] [TIFF OMITTED] T3118.069 [GRAPHIC] [TIFF OMITTED] T3118.070 [GRAPHIC] [TIFF OMITTED] T3118.071 Mr. Issa. Thank you very much, and Mr. Slocum, very good to have you back with us. Please give us your best and--I always note that you work off of a lot of personal notes and have done a lot of personal presentations, and I always appreciate that, as does, I think, the entire committee. STATEMENT OF TYSON SLOCUM Mr. Slocum. Well, thank you, and thank you, Mr. Chairman and Representative Watson, for the opportunity to be here today. Again, my name is Tyson Slocum, and I'm the director of the energy program at Public Citizen. My organization is America's largest consumer group. We represent over 100,000 people across the United States. We heard some excellent testimony earlier today from some of the government witnesses, and I want to provide more of a bird's eye view of some of the challenges that we're facing today. What I see from my view is an oil industry that is not prepared to meet America's energy challenges, especially in the refining and other downstream aspects of our sector. What I see from the economic investment decisions by the oil industry, complemented with statements that they have made to the media and to investigators at the Federal Trade Commission and others, is that they will not make adequate investments in downstream, particularly in refining, because it is not in their financial incentive to do so, from various statements that they have made to the media and to Federal investigators. It is their personal financial self-interest to maintain as tight supplies as possible, because that guarantees larger profit margins for their operations. Now, that is what they should be doing for their shareholders, and I think what the job of Congress and Government is to do is to make sure that citizens are represented well in this equation, and that is why Public Citizen has a reform plan to address some of these systemic problems that we see in America's energy markets. First, we agree with the chairman's call for a strategic refining reserve of some sort, because it was clear after Hurricane Katrina that America's strategic petroleum reserve worked wonderfully. All of this oil production was knocked out of service, and we have over 800 million barrels of crude oil in reserve that we were able to immediately release and supply refineries. I do not know why the market price of crude oil jumped the way it did, because there was no justification for it from a market perspective, because there was never any threat to crude oil supplies. Now, the same could not be said for refined products, because America does not have a Federal refined product reserve. Luckily, we were able to quickly import it from Europe, but I do not think that we should rely on that to happen again. So, we are definitely calling for a strategic refining reserve, and having the oil industry help finance the establishment and maintenance of such a reserve through something like a windfall profits tax, since the industry is clearly reaping huge financial windfalls from their control over crude and refined product supplies that they are selling to the American people. The last time I checked, the Federal budget is running annual deficits of about a half-a-trillion dollars, whereas oil company profits are the largest in the U.S. economy. Clearly, they can afford to help finance such an initiative. Second, doing something about U.S. energy demand would also help. I know that, Mr. Chairman, you have discussed the need for improved fuel economy standards, and that is a major issue that Public Citizen also promotes. While we are the third largest crude oil producer in the world--only the Saudis and the Russians produce more oil every day than we do--we are far and away the largest consumer. We use one out of every four barrels of oil consumed every day, and we use oil very inefficiently. Our competitors in Europe and Asia use about half the oil per person that we do. Implementing strong fuel economy standards will make our use of oil and gas far more efficient, and that will reduce some of the pressures that we are seeing. Third, I think investing in alternatives to oil and gas is another important strategy, but right now, it is going to take billions of dollars to do this. For example, in promoting ethanol and bio-diesel, there are going to be challenges to bring these products to the marketplace. We currently do not have any ethanol pipelines in the United States. So, I think that government is going to have to take the lead on that kind of investment, and again, I think a windfall profits tax on the oil industry is an excellent and equitable means of financing such an investment. Last, I think that revisiting some of the deregulation legislation over energy trading markets, where the prices of gasoline and crude oil are set, are very important for this committee to investigate, because with under-regulated trading markets, you are removing transparency, and any time you do not have an adequately transparent market, you increase the opportunity for nefarious activities to take place. So, Mr. Chairman, thank you very much for your time, and I look forward to your questions. [The prepared statement of Mr. Slocum follows:] [GRAPHIC] [TIFF OMITTED] T3118.072 [GRAPHIC] [TIFF OMITTED] T3118.073 [GRAPHIC] [TIFF OMITTED] T3118.074 [GRAPHIC] [TIFF OMITTED] T3118.075 [GRAPHIC] [TIFF OMITTED] T3118.076 [GRAPHIC] [TIFF OMITTED] T3118.077 [GRAPHIC] [TIFF OMITTED] T3118.078 [GRAPHIC] [TIFF OMITTED] T3118.079 [GRAPHIC] [TIFF OMITTED] T3118.080 [GRAPHIC] [TIFF OMITTED] T3118.081 [GRAPHIC] [TIFF OMITTED] T3118.082 [GRAPHIC] [TIFF OMITTED] T3118.083 [GRAPHIC] [TIFF OMITTED] T3118.084 Mr. Issa. Thank you. I have a lot of questions for Mr. Greco, but I want to lead off with one or two for you, Mr. Slocum. First of all, I think we probably, from the citizen's standpoint, can agree that lower prices for citizens' cost of energy is a goal but that lower prices fly in the face of the incentive to save, that, unfortunately, we want one but the other causes us to consume less. Would that be a fair statement? Mr. Slocum. Yes, sir, that is definitely true. I also think that the increased prices that we have seen have not necessarily been an incentive for consumers to use less, and I think that is because economists call gasoline consumption inelastic. It is not a luxury consumption but, rather, a necessary consumption. So, for example, in the last year, you have seen gasoline prices go up almost 80 cents, but there has not been a corresponding significant impact on consumption, and most economists say that, in order to see a real impact on consumption, you would have to see prices rise to probably $5 or $6 a gallon, which I think would then be punitive, not only for consumers but to the entire economy. Mr. Issa. I appreciate your saying that, because of course, we are just about at that point in Europe. So, I think I will buy off that perhaps we do not want to adopt that portion of the European model, although we certainly have prices that are closer to Europe than they were a decade ago. But you know, concentrating on the windfall profits tax, I watched the windfall profits tax implemented in the past, and of course, it was a tax. It may have affected where the money went, but it did not put the money into the long-term investment that we had hoped for. If I understood your testimony, I believe what I heard--and I am very positively affected by it--that to the extent that a windfall is declared by the Federal Government relative to earnings by petroleum companies, your goal would be to ensure that went into investment. So, if I understand correctly, what you are calling for here today is perhaps not identical to the previous windfall profit tax but, rather, a windfall investment funding or requirement. Would that be fair as a very overview brief statement? Mr. Slocum. Yes, sir, that would be correct, and it would not necessarily be a mandate on the oil industry to make that investment. You know, if they chose to do that, that would be fantastic, but it would be also for the government to take the proceeds from that new revenue source and make the necessary investments in our energy infrastructure that are required right now. Mr. Issa. I appreciate that, and you know, I was an observer of that, and Mr. Greco, I am sure, will have an opinion on it, too, but you know, one of my deep concerns is that we manage to get the money, but government is funny about revenue. We do put a lot of dollars, Federal dollars, into energy resources, promoting infrastructure, and so on, but usually what happens, if we get a new revenue source, we suddenly take money and put it somewhere else. So, the net effect often is there is no additional investment. Mr. Greco, I have given you some food for thought with my first questions, but I want to get back to the hurricane, because in the long run, we have a lot of things we can do; in the short run, we have a matter of days before the first hurricane is going to be spotted or tropical storm is going to be spotted in the Atlantic. Besides the action taken for the current hurricane season, what measures are government and industry taking to address preparedness for the long term? Mr. Greco. First off, some of the short-term actions that we are taking now do have long-term implications. When you are talking about redundant communications, cell towers, prepositioning supplies, you are developing infrastructure needs and setting up systems that are good for business continuity and will be helpful in the long term, as well, for future hurricane seasons, as well as other potential disruptions. Longer term, our refineries and our facilities are looking at their systems to see what they can do to harden them. For example, from a refining standpoint, you are seeing people looking at installing additional co-generation, which basically allows you to generate electricity very cleanly, very efficiently, onsite. That would certainly help in the instance of future power shutdowns. Refiners are considering whether they need to raise the level of some of their equipment, because there are tidal surges. Again, those are longer-term issues that they are looking at. Similarly, API, as I mentioned--we got two of our interim standards out very quickly, in record time. We are undergoing a comprehensive review of all of our standards to see if there gaps that need to be addressed longer-term to make sure that we fully anticipate future events and are prepared for those. Then, from a policy standpoint, you have a number of activities that the Congress and the agencies can take a look at. Clearly, diversifying our sources of supply is something we should look at. Our resources are concentrated in the Gulf of Mexico, because that is where we are allowed to build, and we are not allowed to build elsewhere. The ability to access oil reserves off our Outer Continental Shelf elsewhere, in the mountain west, in Alaska, would certainly diversify sources of supply and allow us to cushion any future disruptions that are concentrated in the Gulf, as well as L&G terminal siting, where should those be, should those be more diversified, as well as looking at research and development into alternatives, promoting conservation, streamlining permitting processes. Those are all longer-term activities that would certainly help us diversify our supply and make the economy more resilient to these disruptions. Mr. Issa. Excellent. I appreciate that. This is probably a longer question than the answer, because I think we have already touched on it, but I want to make sure it gets in the record. If a hurricane or hurricanes were to hit the Gulf of Mexico this year, would the recovery time be greater or less than last year for a given level of hurricane? Mr. Greco. That would be a very difficult question to answer. I think one of the challenges of last year was having---- Mr. Issa. Generally, you know, if the word is good and we are better off, it is not that hard to answer. So, would it be fair to say that it is difficult because we may not be better off this year, we may not actually be able to deal with it better than we could last year? Mr. Greco. I think we have taken a number of steps to improve our responsiveness, to harden our facilities and to make them more resistant to future hurricanes. If you have two category five hurricanes spaced a couple of weeks apart, with the level of impact they had on our off-shore and on-shore facilities, it is difficult to predict what the impact would be of those. It is very hard for me to say that, but I do think we are better prepared this year than last year based on the lessons learned and the actions we have taken. Mr. Issa. Following up on that, as we enter the 2006 hurricane season, the Federal Government's coordination efforts, are we better prepared today, are we going to respond better, from your observations and your coordination and your training, than we were last year? Mr. Greco. I think we are already at a very high level of coordination and cooperation with the industry, as I mentioned in my comments. For example, we had very good success working closely with the EPA, DOT, and Coast Guard on various temporary waivers that we needed to minimize the disruption and allow us to get our facilities back up and running as quickly as possible. The system worked, and we are justifiably proud of the government's response, as well as our employees' response, in those situations. So, what we are looking at is trying to improve the education, and thereby better understand how the government is coordinating. Much of this is done at the local level. Clearly, we need to continue to focus on what the people on the ground are doing to respond, and how can we work closely and educate them about the importance of getting pipelines up and running; about restoring electrical generation to pipelines and refineries to ensure supply in the areas outside the Gulf of Mexico. Clearly, that is the type of issue that we have been focusing on. Mr. Issa. I appreciate that. My last question: I introduced a piece of legislation calling for a study leading to a strategic refined fuels reserve, but in a sense, there is a strategic reserve of fuel, which is every other refinery in the world. As Californians, both the ranking member and myself, we deal with some 28 different blends just in California, depending on the time of the year, as does the rest of the country. In your opinion, would it be a worthwhile goal to have executive authority in the case of an event like last year for a predetermined fuel mixture or mixtures available around the world to be approved--in other words, the logical fuels that we could import in order to not have shortages. That would not meet every possible blend, but a blanket waiver for certain known mixtures available at certain known refineries so that we could, by one Executive order, whether it was in California or in the Gulf or in New York, have large amounts of refined fuels be able to be purchased and brought in fairly seamlessly. Today, we do not have that authority. There was controversy about the President even allowing some purchases and what they were. Would that be helpful, both from an industry standpoint, to relieve temporary shortages, and just as important, from a standpoint of consumer benefit? As you said, we had large spikes, unexplainable in the case of crude but explainable in the case of refined distillates and gasoline. Mr. Greco. I think your first point was a valid one. The fact that, despite a 30-percent drop in gasoline production in the United States, suddenly and unexpectedly, the market adjusted, we were able to import fuel, and we were able to get through it. The price did come back down quickly, and there were only spot shortages. The market worked, and from our perspective, given the severity of those two hurricanes, I think that supports the fact that the market can work when it is allowed to and when we work closely with government to take advantage of market mechanisms. I think when you're talking about product reserve, you get into a whole host of issues that are completely separate from oil reserves, because products do vary by season, they do vary in different parts of the country. Refineries are optimized to make particular fuels. So, when you talk about making a particular default fuel, for example, that may not work if your refinery is optimized to make something else. It may not be quite as quick as you are suggesting that it could be done, as well as storage issues you have with fuels. Where are the tanks going to be to store these fuels? Who is going to own the fuels? Who is going to make the decision when you release those fuels, and what would those impacts be on the market? So, I think, when you look at the performance of last year, the market worked very well and we should continue to utilize the power of the market. Mr. Issa. I appreciate your belief that last year was an example of industry's performance, under the circumstances, at its best. Mr. Slocum, how would you view this? Mr. Slocum. I think it makes a lot of sense to try to have better lines of communication and authority to work with other countries and outside storage systems to try to import during times of emergency. I do not necessarily agree with trying to streamline domestic so-called boutique fuel blends. Mr. Issa. That was not my suggestion. I am simply saying, in case of an emergency, for example, having at least one single fuel that could potentially be shipped to substantially all or major sections of the country, for only the emergency period, you know, recognizing that if, hypothetically, that were a California-approved blend, one of the blends, it might not be perfectly ideal, but it would be substantially up to or above Federal standards. You know, one of the problems we as Californians--I want to make sure I explain it--is that when we run out of fuel--when Long Beach's refinery had a fire, there was nobody else that could make the fuel, I think, except Norway. So, we were in an odd situation of the market could not work because when one place was off-line, nobody could react in any reasonable time to prevent a shortage. Looking at last year and making the assumption that the world has enough gasoline, particularly gasoline refining capacity, and they can refine at least one blend acceptable in the United States, and yet they may not be able to send it to this State or that State or this district--and I'm not talking about, at all, narrowing any jurisdiction or any fuel that is determined. I think dismissing this option is not appropriate to emergency response. During a bona fide emergency, do we want our hospitals' generators running, do we want emergency vehicles to be able to operate, or do we want to say not if it means that there is a slightly different blend of gasoline inside the tank that might have, you know, two noxes different--and I am not trying to belittle those two noxes--but for that short period of time, hypothetically, the first 30 days after there has been a severe outage and not beyond. Mr. Slocum. Yes, sir, Mr. Chairman, I think it makes a lot of sense to give the President that authority or to investigate this further, to try to better coordinate, you know, transfers of--and you know, negotiating with these other countries in order to have them help us respond to any emergencies that we have here, and any supply disruptions. I think that would be extremely beneficial. Mr. Issa. Thank you, and I appreciate the gentlelady's patience on that question. Thank you. Ms. Watson. This is a question to Mr. Greco. Last August, during Katrina, we saw prices go up as high as $5 in some places. We saw those who had cars and could get them out of the flooded areas lined up for miles to get the gasoline. I hear the explanation about how we can get the resources we need, but what were your feelings about the oil industry making the largest profits ever? I guess you do the accounting per quarter, and I understand billions of dollars were made, I would say at the expense of the consumers during a time of crisis. Now, how is that justified? You know, you made profits for your stockholders. I heard discussions on TV and radio and saw all about the bottom line, but at a time when our country is attacked by nature, people died and so on, why would you look at the bottom line? Can you explain that to me? Mr. Greco. During the hurricane, at its peak, nearly one- third of our gasoline production was suddenly off-line. We lost that much of our supply. Nearly one-third of our oil production was suddenly off- line. Twenty percent of our natural gas production was off-line. That is a tremendous drop in a supply in any market, particularly one as tightly balanced as the U.S. market is. Not surprisingly, given that huge drop in supply, there was upward pressure on prices. Just as quickly as imports came in from Europe, from the gasoline side, we did see prices drop back down. Just recently, at the request of Congress, the FTC looked at this issue and tried to assess what the impacts were of that price pattern. Was there anything else going on? According to the FTC, ``the post-hurricane gasoline price increases at the national and regional levels were approximately what would be predicted by the standard supply and demand model of a market performing competitively. The conduct of firms in response to the supply shocks from the hurricanes was consistent with competition.'' Ms. Watson. Let me just say this. I understand very clearly what you said, but you registered the largest profit margin ever, billions of dollars. So, it does not really compute to say you had to go and get petrol from other sources, but you still made so much money off people who had to escape, who probably did not have money, and you ripped them off for the bottom line. So, I just see a matter of the lack of social responsibility. I recognize all the other problems, but to register that kind of profit and to say it is competition and we have stockholders does not compute with the kind of emergency we were under. Mr. Greco. May I respond to that, please? Ms. Watson. Let me go with Mr. Slocum. I think I heard your response. Mr. Greco. Well, no, I think the response--the other piece, which I meant to say, would like to say, is that this was more than just an industry impact. The men and women of our employees were spread to the four winds as a result of this disruption. We had immediate concerns that we needed to find our employees, get them back to a position where they could work in a safe condition, while looking out for their families, where they lost loved ones, as well, and family members in this disaster. So, this was a body blow to our industry that our companies took very personally, and was a significant hit on them, as well. Regarding the profits, when you look at the size of our industry, the profits are not out of line with the size of our companies. Ms. Watson. There is no way to socially justify that, at a time that this Nation was paralyzed with this disaster--we could not even get people in there for 3 days to remove the folks that were there, but when people were able to get in their automobiles, you just jacked those prices up as high as you could, and I do not think you needed $400 billion just to take care of your people. Let me go on to Mr. Slocum. How do we plan and prepare for the future so that there is social responsibility? The consumers were suffering greatly. We are still suffering. I saw where a man had to pawn his grandmother's jewels in order to fill up his truck, and so, how do we need to plan? I am sorry. This might have been discussed before I got here, Mr. Chairman. Mr. Issa. Not by you. Ms. Watson. Of course. You know, I am from California. Everyone has not only one car but two or three, you know. Their cars are a status symbol. Mr. Slocum. Not just a status symbol. I mean you have to have a car to---- Ms. Watson. You have to have a car. Mr. Slocum [continuing]. Sometimes to work. Ms. Watson. We are very sensitive to these issues. How do we prepare so we do not rip off consumers, we take into consideration that we do have to get alternative sources and we do have to go maybe off-shore, other countries and all, to get the resources we need? How can we prepare so we do not have to have the same kind of tragedy, and you know, the whole world was watching. The greatest country in the world, and we could not even meet the needs for our people for 3 days, and then when we did get gasoline, the prices were so high, they could not even afford it. Now, tell me what you would do in order to protect the consumers. Mr. Slocum. Well, first, I think we need to aggressively start investing in alternatives---- Ms. Watson. Absolutely. Mr. Slocum [continuing]. To our high dependence on oil to fuel our economy, and it is going to take billions and billions of dollars to do that. Like I said earlier, the Federal Government is currently in this fiscal year alone, set to run approximately a half-a-trillion-dollar budget deficit, and we have almost $9 trillion of outstanding debt. Our Federal Government spending is unsustainable, and we simply do not even have enough money for our basic government services, let alone for investments in energy I take a look at the oil industry profits, which are huge not just in dollar terms but also in profit margin terms. Ms. Watson. Staggering. Mr. Slocum. When you look at their return on their capital investment, which is what the oil companies emphasize when they are talking to Wall Street and to shareholders, they look at return on capital investment, and Exxon-Mobil, for example, a 46-percent rate of return on their oil production activities, a 59-percent profit margin on their U.S. oil refining. Those are huge levels of profit, and I think that justifies some sort of new level of income taxation on the oil industry, dedicating the proceeds to financing the investments that are necessary in alternative fuels and alternative fuel infrastructure, in energy efficiency, so we become more efficient at using energy, so we do not use as much; in mass transit, which is desperately needed in places like Los Angeles and elsewhere. I am lucky that I can take the subway very easily to my office here on Capitol Hill. Not every American can do that in every American city. Also, I think providing some financial protections to moderate and low-income working families from the impact of these higher prices is also required. As you emphasized, ma'am, higher prices are having a huge negative impact on basic affordability issues for working families. So, in a nutshell, I think that is what we would emphasize first. I think, second, we need to look at some of the systemic market failures in U.S. energy markets, particularly in the refining and downstream sectors. I think that we have allowed far too many mergers. For example, Exxon and Mobil used to be two global competing oil companies. Now they're the same company. Same with Chevron- Texaco and Conoco-Phillips. Valero was allowed to acquire three different refining competitors. All of that has resulted in a high level of concentration that has really reduced competition. I think that is a huge reason why we need a strategic refining reserve. As Rex Tillison told the Wall Street Journal on May 1st of this year, they do not have any plans whatsoever to build any new refineries, not because of our environmental laws, but because it is not in the financial interest of the company and its shareholders. They do not want to create huge surpluses of refining capacity, because it is going to have a downward impact on prices to consumers, which would have a downward impact on profits to the company. So, as long as it is not in their financial interest to make the necessary investments, we are going to have to take the lead. Ms. Watson. Well, let me just say this, and I will yield back to you, Mr. Chairman. I think this country will have to respond to what President Bush said. We are addicted to gasoline, and in responding, I foresee that it is going to take us decades. We cannot convert our systems over. In the meanwhile, I would like to know what the American Petroleum Institute would have in mind. Are we going to see the same situation? I am sure we are going to have a hurricane this year, probably at the level of what it was last year because of climatic conditions, and I see those climatic conditions only getting worse rather than any better, because we are not attending to them. So, is the institute looking at ways so that the burden will not be on the consumer totally in another disastrous situation? I do not think that levee that we just rebuilt at the 17th Street down in the lower ninth ward of New Orleans is going to hold up under a level four hurricane, three last time, four this time, and so, we are going to have the same kind of crisis, I feel, that we had. It is just that there are going to be fewer people to evacuate, because they never have gone back. So, I am looking at our globe and its atmosphere and the conditions--I am looking at that for the very near future as repeating itself in terms of disaster. What would you propose, and what do you see? I mean how can you bring some relief to consumers for people who are suffering greatly? Mr. Greco. Well, first off, thank you for the question, a number of things I'd like to address to that one. First, our industry is investing its profits back into finding new sources of energy, alternative sources of energy. For the past decade, our investments in new energy sources have exceeded our earnings. Also, contrary to what Mr. Slocum might have you believe, we have been investing in our refining capacity. We have added the equivalent of one new refinery every year for the past 10 years. There are announced plans to add another six new refinery-- equivalent, not new facilities, because we cannot get them sited either, but we have expanded the capacity to the equivalent of six new ones over the next 5 years. Those are announced---- Ms. Watson. Will you yield a minute? Can you give us that in writing? Mr. Greco. Sure. Ms. Watson. Will you let us know where your new refineries are going to be located, those you have not started yet? Mr. Greco. I am sorry. I was not clear. It is not new refineries. It is expanded capacity. Ms. Watson. OK. Well, your expanded capacity---- Mr. Greco. Yes. Ms. Watson. Would you let us know the geographical locations where they are? Mr. Greco. Yes, we can do that. Ms. Watson. And those that you have expanded up to this date. Mr. Greco. I am not sure if I can give you all of the information about past announcements, because I can show you the data that shows that refining capacity--government data that shows the amount of expansion. Ms. Watson. Mr. Greco, you are making a statement. You said that Mr. Slocum was not correct. Mr. Greco. He was not. Ms. Watson. You are correcting him. So, I am asking, the corrected information that you are giving the committee now-- you are sworn in--that you give it to us in writing and state the geographical areas that you are extending and expanding. Mr. Greco. I will do the best I can. Ms. Watson. Please. Thank you. Mr. Issa. Actually, the committee has some of it, but we would appreciate it included in this record. Both of us enjoy the fruits of the expansions in Long Beach and other areas, but I think it is important, because both sides of the aisle here in Congress often talk about the fact that we have had no new refineries built in ``X'' time. That certainly has forced a concentration of refineries. A matter of this hearing is our excess reliance on relatively few locations such that, if a hurricane hits, we do not have 300 new refineries spread around the United States, we have 46 percent of them coming from the Gulf. Mr. Greco. Yeah. As we mentioned earlier, you are correct, the concentration of the oil and gas resources are in the Gulf, refining and upstream, primarily because that is where they have been allowed and invited and welcomed to be. We are looking and supportive of efforts to diversify sources, both supply and refining. Much of that will be done, however, on existing refineries, whether in California or in other States, but I would be happy to give you some information about announced refinery expansion plans and past expansions, as well. Mr. Issa. We will just take it for the record. Appreciate that. OK. I will just sum up very quickly. I thank our witnesses for your testimony today, particularly your candid questions and answers. I think I would like to close by finding some things that I believe both the first and second panel exposed. One is that we need to diversify our fuel sources, because diversifying our fuel sources helps diversify our fuel supply locations. The gentlelady from California and the gentleman from California certainly agree that ethanol and bio-diesel, because of their very nature, will be produced much closer to locations in which they are consumed. That is a goal of not only this committee but the Energy and Commerce Committee. Last, I would like to share with the gentlelady my agreement on an observation. Certainly, my background in business makes me an appreciator of the elasticity of demand, of supply and demand, and of opportunistic markets. It is interesting, however, for this committee to note that, during the crisis after Hurricanes Katrina and Rita, a McDonald's had dozens, hundreds, perhaps, but certainly dozens of their McDonald's facilities off-line and unable to supply hamburgers, french fries, shakes, and the like, but it did not result in an increased price in California for hamburgers, shakes, or french fries. So, it is relatively unique to this particular industry that, although they were consuming MREs in the Gulf, they were consuming dramatically less petro-chemicals at the time, we in California, from the refineries, which had imported oil into Long Beach and refined them in Long Beach, found our prices spiking just as much. It is the difference between a commodity product, perhaps, and my McDonald's example, but I think that the gentlelady and I both are sensitive, for good reason, to the fact that the consumer paid throughout the Nation for a shortage which may, in many cases, have had nothing to do with the cost and the normal elasticities, since these were products that could not easily be shipped from Long Beach to some other location, and with that comment and agreement with the gentlelady, we stand adjourned. [Whereupon, at 3:38 p.m., the subcommittee was adjourned.] <all>