Wednesday, June 27, 2012

Reuters: Regulatory News: RPT-INSIGHT-As Congress looks away, US tiptoes toward exporting a gas bounty

Reuters: Regulatory News
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RPT-INSIGHT-As Congress looks away, US tiptoes toward exporting a gas bounty
Jun 27th 2012, 10:59

Wed Jun 27, 2012 6:59am EDT

  * U.S. gas exports: the elephant in the room      * Eyeing elections, govt goes slow on approvals      * Energy and manufacturers are at quiet loggerheads        By Ayesha Rascoe and Emily Stephenson      WASHINGTON, June 27 (Reuters) - In a bitterly divided U.S.  political environment, there's at least one thing Republicans  and Democrats can agree on: Avoid a public showdown on natural  gas exports, arguably the most important energy policy decision  in recent memory.      While fluctuating gasoline prices, the Keystone pipeline and  the fight over fracking steal headlines, the question of how  much of the newfound U.S. shale gas bounty should be shared with  the rest of the world goes largely without comment or coverage  -- despite holding far wider and longer-lasting consequences.      The reason is clear: unlike the relatively simple,  black-and-white issues that politicians often favor and voters  connect to, liquefied natural gas (LNG) is deep, deep gray.       It affects a tangled web of constituents, from Big Oil to  international allies such as Japan, pits free-trade orthodoxy  against the domestic economy, and requires an awkward  explanation of why allowing some exports -- inevitably raising  U.S. energy prices in the short term, even if at the margin --  may ultimately be better for the country in the long run.      All the same, this U.S. president or the next will have to  make a tricky decision, and its consequences may only become  clear years from now: How much U.S. gas should be sold to other  countries if it means boosting prices for consumers at home?      "Right now I don't think this issue is getting anywhere near  the attention it deserves," said Democratic congressman Edward  Markey, one of a small number of politicians actively seeking to  rein in energy exports.      "Keystone and Solyndra are election-year political  sideshows," he said, referring to the bankruptcy of a  government-funded solar panel maker. "This is the main event."      But lobbyists on both sides of the issue say it suits them  best to keep the subject out of the headlines. The gas producers  that stand to benefit from higher selling prices see no upside  from a public brawl, while many manufacturers who could benefit  from continuing low prices shy away from anti-export statements.      With Congress unlikely to weigh in, the decision falls to a  small, obscure unit of the Energy Department, the Office of  Natural Gas Regulatory Activities.      The department's statistical branch has been criticized for  failing to predict how new drilling techniques would  revolutionize the sector, and how quickly the vast stores of  unearthed gas would send domestic prices to unsustainable lows.       So the natural gas office is now awaiting advice from a  second and final report on the economic implications of exports  -- a report so sensitive that the government has kept it under  wraps, including the identity of the consultants preparing it.            SHHHHHHHH, SOFTLY-SOFTLY      Not since the liberalization of power markets in the 1980s  have politicians had more sway over future energy costs -- or  been less willing to grapple publicly with the issue.      Only one hearing on LNG exports has been held to date in the  Senate, and in the House of Representatives, the Energy and  Commerce Committee has no plan to hold hearings at the moment.      Markey has struggled to get traction behind legislation that  would block gas exports, a measure almost certain to fail to  pass through the divided Congress. Few lawmakers openly oppose  exports, though even fewer vocally advocate a fully open market  that would raise prices at home.      The Obama administration has said it will wait until the gas  office releases the final economic analysis of LNG exports to  make any decision on eight pending applications to sell  liquefied natural gas to countries with which the United States  has no free-trade agreement -- the most political step of the  multiple state and federal approvals needed to send LNG abroad.      The report was due out this spring, but in March the  administration pushed back the release until later in the year.  A White House official said on Mo nday the report could be  released in the next few weeks.      Overall, the boom in the energy sector, coupled with a slow  recovery in domestic manufacturing, could raise gross domestic  product by 2 to 3.3 percent by 2020, according to a recent  analysis by Citigroup. But exports could force politicians to  play favorites, effectively choosing between energy companies  and industry.      Democrats, often critical of the oil and gas sector, are  wary of getting out in front of an issue that divides even the  manufacturers benefitting from low gas prices. Republicans, who  favor free trade and support fossil fuel development, are leery  of being accused of raising costs for consumers and industry.      "No politician wants to be accused of raising end-user  prices to add to oil companies' bottom lines," says Kevin Book,  an energy analyst at Clearview Energy Partners.      So for most officials willing to take a stand, it is  inevitably one of moderation. Few are ready to weigh in on the  toughest question: How much is too much?      Senator Ron Wyden, a Democrat who has backed the pause in  the permitting process, knows how quickly fortunes can change:  just a few years ago he witnessed the battle over the prospect  of a gas import terminal in his home state of Oregon at a time  when the industry was convinced of a growing U.S. gas deficit.      Instead, the pioneering use of hydraulic fracturing and  horizontal drilling has lifted economically recoverable U.S.  reserves of natural gas to 500 trillion cubic feet, a previously  unimaginable level.      "I've always supported market-expanding agreements, and I'm  trying to balance that with the fact that, with natural gas,  America now has a strategic advantage," Wyden said.      "This is something where we now lead. I just want to make  sure we don't trade it away," said Wyden, who is in line to be  the top Democrat on the Senate energy committee next year.  Unlike Markey, he has no plans to push legislation that would   prevent exports, an acknowledgement of the issue's complexity.      Republicans in the House Energy and Commerce Committee  believe gas companies would likely export marginal amounts  compared to the current supply, and any price effects will be  minimal.       "If we don't have some sort of exports, it's not going to be  economic to produce as much gas here," a committee Republican  aide said.                            CONFLICT ON CONFLICT      Congressman Gene Green, a Democrat on the House energy  committee who represents the greater part of eastern Houston,   said he supports LNG export projects -- on a case-by-case basis.  His district includes a chemical complex, and such plants tend  to be large consumers of natural gas. Several companies plan to  build new U.S. facilities to take advantage of now-low prices.      "We can simultaneously have reasonable natural gas prices  that foster chemical industry expansion while we export natural  gas," Green said.      Energy-intensive manufacturers are keen to use cheap gas to  boost domestic production, but many companies also have plants  overseas that could benefit from U.S. gas exports. Others are  wary of advocating any measures that would impinge on free  trade. They too are taking a quiet, moderate stance.      Although Dow Chemical is a major consumer of natural  gas, it supports a limited amount of exports, controlled perhaps  by some kind of quota based on total gas production.      "As a proponent of fair and free trade, (Dow) opposes  policies that arbitrarily limit reasonable exports of natural  gas to free-trade agreement countries or that provide for  unlimited global exports," the company said in a statement.            BIG STAKES      The surge in gas output has made companies such as  Chesapeake and Exxon Mobil's XTO victims of  their own success, unleashing a surplus of supply that could  keep prices -- and therefore profits -- depressed for decades.      For them, selling gas to Japan or Europe -- which buys  imported LNG at five or six times the domestic price of $2.50  per million British thermal units -- is essential to continue  expanding their U.S. business, creating jobs in the process.       The shale gas boom is on track to support 1.5 million jobs  across the United States by 2015, according to an  industry-funded study by IHS Global Insight.      Export licenses will make big winners out of some firms such  as Cheniere, which last year secured the first and, so  far, only export permit from the Energy Department.       For those that get the green light, the multibillion-dollar  terminals are likely to be buzzing for decades, freezing and  compressing the gas at a temperature of -260 degrees Fahrenheit  (-1 62 Celsius) for seaborne shipment on special tankers.      But others in the queue -- which includes firms from utility  Southern Co to gas giant BG Group and Australian  bank Macquarie -- could come out disappointed, as few  analysts expect all the projects to be approved.       "I don't think they are going to give blanket approval to  all takers, but on a case-by-case basis, I think they would be  favorably disposed if the supply is there," said Frank  Verrastro, director of the energy and national security program  at the Center for Strategic and International Studies.       The eight projects pending review span from Maryland to  Oregon. Including Cheniere's Sabine Pass in Louisiana, these  sites could export more than 12 billion cubic feet per day of  gas -- equivalent to about one-sixth of current U.S. demand.            TAPPING THE BOUNTY      If the gap between global and domestic prices remains wide,  as many analysts expect, more export projects are certain to be  brought forward and the government may draw a line in the sand.       A ban on energy exports is not without precedent. The  Mineral Leasing Act of 1920 and the Outer Continental Shelf  Lands Act require a presidential waiver for the sale of most  unrefined crude oil abroad, essentially blocking exports.      Even with a boom in domestic oil output, the United States  is in little danger of becoming an oil exporter. But gas is far  less fraught with geopolitical significance.      "Oil has been a political issue. Natural gas has never been  that," said David Wochner, an attorney for the Sutherland law  firm that represents natural gas producers.      Heather Zichal, a White House energy adviser, told a recent  conference that the administration was not opposed to exports  and that it wanted "analysis to drive the decisions".      That puts the burden squarely on the Energy Department's  natural gas regulatory office and its coming report.         It remains to be seen whether the prognosis from the  department's commissioned study is more prescient than previous  examinations of the shale gas surge, which has proven  extraordinarily hard to predict.      A much-critiqued, department-commissioned analysis earlier  from the Energy Information Administration found that approving  all pending export applications could add as much as 9 percent a  year to prices of the fuel in the next two decades.      A more recent report from the Brookings Institution  moderated the EIA finding, predicting that sending U.S. gas  abroad would have only a "modest" upward impact on prices and  that U.S. manufacturers would stay competitive despite exports.      The department has declined to commit publicly to any  timeline for evaluating the export applications. Facing no  legislative deadline to act, it can essentially stretch out or  speed up the process to its liking.      It is already honing its rationale, including the benefit of  using exports as a "balancing" mechanism for the market, one  that has been so volatile over past decades that drillers and  users have struggled to make long-term plans.      "One of the potential impacts that you might have from LNG  exports would be creating a stable block of demand, which helps  the market get to a stable sustainable price," Christopher  Smith, deputy assistant secretary in the department's office of  fossil energy, told Reuters in February.             APPROVALS: WAIT AND SEE      The American Public Gas Association, a lobby group  representing publicly owned gas distributors, has been one of  the few groups to press lawmakers against exports and supports  Markey's legislation.      On the other side of the debate, the Center for Liquefied  Natural Gas, a trade group that represents LNG companies, has  been reaching out to lawmakers in Congress to "educate" on the  process for approving exports.        It spent $40,000 on lobbying last year and about $10,000 in  the first quarter of 2012, according to data from the Center for  Responsive Politics. Cheniere spent $520,000 on lobbying last  year, and $80,000 so far this year.      The LNG group does not want hearings or legislation. It  wants Congress to step back and let the Department of Energy  decide.      "There's nothing we want done other than letting DOE do its  job," said Bill Cooper, the center's president. "We want people  to know about the process and that it does work when it's  allowed to."  
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