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2018年1月16日 星期二

Overnight Energy: Regulators say Perry plan didn’t pass legal muster | Chamber to push for 25-cent gas tax hike | Energy expert sees US becoming 'undisputed leader' in oil, gas

 
 
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FERC COMMISSIONERS TALK PERRY COAL PLAN: Two Federal Energy Regulatory Commissioners (FERC) said Tuesday that Energy Secretary Rick Perry's plan to prop up coal and nuclear plants wouldn't have passed legal muster.

Republican Neil Chatterjee and Democrat Cheryl LaFleur said at a Bipartisan Policy Center event that Perry and other supporters of the plan never showed that it would withstand court challenges or otherwise fit into the laws that govern FERC.

"I came to the conclusion that my colleagues did, that while I feel Secretary Perry asked the right question, he proposed the wrong remedy," Chatterjee said.

"The remedy that was proposed in the [plan] did not meet the legal test that the commission needed."

LaFleur agreed, saying that Perry's proposal "was not just and reasonable" -- the standard FERC must use under the Federal Power Act.

"A resilience issue had not been demonstrated," she said.

Perry asked FERC, an independent commission, in September to require that electric grid operators pay more for electricity from power plants with at least 90 days of fuel on-site, a standard that only coal and nuclear could meet.

It was made in the name of resilience, under the argument that if coal and nuclear plants keep closing, the grid is at risk of extended blackouts.

Read more here.

 

US OIL AND GAS PRODUCTION TO BE GREAT AGAIN: A global energy chief said he foresees the United States becoming the "undisputed leader" in oil and gas production for "years to come."

Speaking at an event at the Center for Strategic and International Studies in Washington, D.C., Tuesday, Fatih Birol, executive director for the International Energy Agency (IEA), said that the U.S. is primed to lead the world in oil and gas production.

"With all the implications, this is the most important transformation we're seeing within the oil and gas industry," Fatah said while rolling out the IEA's World Energy Outlook for 2017.

Birol, a noted expert in the energy sector, echoed similar comments earlier Tuesday at a Senate Energy and Resources Committee hearing. Speaking on Capitol Hill, Birol told senators that the country's anticipated energy production dominance will be a result of a "shale revolution."

"The U.S. is becoming the undisputed leader of oil and gas production worldwide," Birol said.

Read more here.

 

CHAMBER TO SEEK 25-CENT GAS TAX HIKE: The U.S. Chamber of Commerce will advocate for a hike to the gas tax to fund plans for a massive infrastructure package, the organization's president said in a recently published interview.

"I've been pushing this for a long, long time, but now gangs of people are pushing it," Tom Donohue told The Washington Post.

The Chamber, which has for years backed an increase to the federal gas tax, will reportedly press for a 25-cent-per-gallon hike, an effort that comes ahead of the Trump administration's long-awaited infrastructure plan. The business group will unveil its strategy for the effort this week, the Post said.

"We just got a new tax bill for the first time in 31 years," Donohue told the newspaper.

"We're making some significant changes in regulatory reform. We've got a president -- everybody's got all their own views about him and what he stands for and all that -- but the guy's getting stuff done ... and he's a builder. I think we can get some help here."

The Chamber previously campaigned for an increase to the gas tax to fund projects aimed at rebuilding the nation's infrastructure, even partnering with the AFL-CIO in 2011 to press Congress on the subject. In 2015, the Chamber, along with the American Trucking Association and AAA auto club, pushed Congress to up the gas tax in order to finance the Highway Trust Fund.

Read more here.

 

COURT TO HEAR LAWSUIT AGAINST COAL LEASING: A federal appeals court will hear a case brought by environmentalists suing the federal government over the environmental impacts of its coal-leasing program.

The D.C. Circuit Court of Appeals announced Tuesday that it will hear an oral argument in March over the lawsuit, brought by the Western Organization of Resource Councils and Friends of the Earth against Interior Department Secretary Ryan Zinke.

The suit claims that the federal government is underplaying the impact of mining coal on the land it leases.

"[The Interior Department] has never seriously accounted to itself or the public regarding the climate-change contributions of a program that singlehandedly accounts for eleven percent of total U.S. carbon emissions," the brief reads.

In a response to the request for appeal, the defendant said, "Although the Plaintiffs' brief, in this case, goes into great detail about the science of global climate change, plaintiffs do not challenge any substantive agency action or allege a failure to carry out."

Read more here.

 

NEW ADDITION: Today is Miranda Green's first day joining The Hill's energy team. She comes from CNN, where she covered breaking political news as well as the DOE, EPA and the Interior Department.

From Miranda: Hi all! Looking forward to keeping you up to date and contributing to the energy and environment team. The beat has been a passion of mine for some time now, and can't wait to dive in and provide perspective on the politics and policies of the day. Feel free to send tips (mgreen@thehill), or twitter follows (@mirandacgreen), my way. And brownie points for energy related Gifs!

 

ON TAP WEDNESDAY I: The House Natural Resources Committee will debate and vote on nine federal land, national park and tribal bills within its jurisdiction.

 

AROUND THE WEB:

General Electric CEO John Flannery said the company may break itself up, CNN reports.

A judge in Quebec, Canada, urged the jury in the trial of three railway workers involved in the Lac-Mégantic oil train disaster to keep deliberating Tuesday after they declared they were at an impasse, CBC News reports.

California is working toward proposing a new, scaled-back version of its massive Delta tunnels project, the Sacramento Bee reports.

 

IN CASE YOU MISSED IT:

Check out Tuesday's stories ...

- Appeals court to hear suit against Interior challenging effects of coal mine leasing

- Chief energy expert: US set to become 'undisputed leader' in oil and gas

- Chamber of Commerce to call for gas tax hike to pay for infrastructure

- Energy regulators: Perry's coal plan wasn't legally defensible

- BP's costs from 2010 oil spill grow $1.7 billion

- Week ahead: GOP looks to overhaul natural gas, utilities laws

 
 

Please send tips and comments to Timothy Cama, tcama@thehill.com, and Miranda Green, mgreen@thehill.com. Follow us on Twitter: @Timothy_Cama, @mirandacgreen, @thehill

 
 
 
 
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Overnight Finance: Lawmakers see shutdown odds rising | Trump calls for looser rules on bank loans | Consumer bureau moves to revise payday lending rule | Trump warns China on trade deficit

 
 
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Lawmakers see shutdown's odds rising: Lawmakers warned Tuesday that the chances for a government shutdown are greater than at any other time since a 16-day closure in October 2013.

Republicans appear poised to offer a plan forward that would fund the government for another month while extending a popular children's health program for six years.

But Republican leaders will need Democratic votes in the Senate -- and possibly the House as well -- to pass that measure. And Democrats are refusing to make any commitments until they strike a deal to shield hundreds of thousands of young, undocumented immigrants from deportation.

"It's pretty close to 50-50," Rep. Daniel Webster (R-Fla.) said of the possibility of a shutdown. "It's like playing chicken and seeing who is going to blink first. It's a dangerous game."

A conservative House lawmaker said Tuesday that prospects for a deal on a short-term stopgap are "not looking good" at the moment.

Lawmakers faced serious hurdles to reaching a deal even before President Trump at a White House meeting reportedly said the United States should not take immigrants from "shithole countries" such as Haiti. The controversy surrounding those remarks has roiled the talks, amplifying tensions on both sides. The Hill's Scott Wong and Melanie Zanona have more: http://bit.ly/2mCDY7P.

 

McConnell to Dems: Don't hold government 'hostage' over DACA: Senate Majority Leader Mitch McConnell (R-Ky.) is urging Democrats to support a short-term funding bill needed to prevent a government shutdown despite an increasingly heated fight over immigration.

"With no imminent deadline on immigration and with bipartisan talks well under way, there's no reason why Congress should hold government funding hostage over the issue of illegal immigration," McConnell said during his floor remarks on Tuesday.

His plea comes as Congress has to pass a continuing resolution (CR) by the end of Friday in order to prevent a shutdown of the Republican-controlled government.

McConnell argued that Democrats should support the CR because there are "serious bipartisan conversations" under way and Congress has until at least March to pass a fix for the Deferred Action for Childhood Arrivals (DACA) program: http://bit.ly/2mEK33L.

 

Trump calls for looser rules for bank loans in Dodd-Frank overhaul: President Trump said Tuesday that he's looking to loosen restrictions on consumer lending while he and Republican colleagues push to roll back the Dodd-Frank Act.

Trump said during a White House event that he wants to give banks the freedom to loan to customers deemed too risky under Dodd-Frank, the sweeping post-crisis financial rules enacted in 2010.

"We're looking now at Dodd-Frank because we have to free up so that the banks can loan money to great people because they were restricted, Trump said at the "Conversations With the Women of America" event: I've got more here: http://bit.ly/2mFOGdZ.

 

Consumer bureau takes first step to revising payday lending rule: The Consumer Financial Protection Bureau (CFPB) announced Tuesday that it would accept applications from lenders to waive the first deadline for complying with its payday lending rule.

The move comes as acting CFPB Director Mick Mulvaney and staff consider changes to the agency's hallmark rule.

The rule, aimed at protecting consumers from incurring crippling debts through short-term, high-interest loans, took effect on Tuesday.

Finalized last year under former CFPB Director Richard Cordray, it imposes limits on how frequently a lender can offer, collect on and extend high-interest loans with deadlines of only a few weeks.

The bureau said in a statement that it would accept applications to waive the April 16 deadline for lenders subject to the rule to register with the bureau. Lenders have until Aug. 19, 2019, to comply with most other provisions: http://bit.ly/2mF0aOv.



Happy Tuesday and welcome back to Overnight Finance. I'm Sylvan Lane, and here's your nightly guide to everything affecting your bills, bank account and bottom line. See something I missed? Let me know at slane@thehill.com or tweet me @SylvanLane. And if you like your newsletter, you can subscribe to it here: http://bit.ly/1NxxW2N.

 

Trump tells Xi trade deficit with China 'not sustainable' President Trump is firing a warning shot at China, telling President Xi Jinping that the U.S. trade deficit "is not sustainable," the White House said on Tuesday.

Trump spoke with Xi on Monday to discuss trade and talks between North and South Korea to deescalate the nuclear crisis on the peninsula, according to a White House statement.

"President Trump expressed disappointment that the United States' trade deficit with China has continued to grow," the White House said. "President Trump made clear that the situation is not sustainable."

The president has frequently cited the trade deficit as evidence the U.S. is "losing" to countries like China.

The trade deficit with China grew to $33.5 billion in November, according to the latest figures from the Commerce Department.

Trump is also reviewing a Commerce Department report he was given last week on whether to slap higher tariffs on foreign steel, which would target China's over-production of steel: http://bit.ly/2mAm45E.

 

Maryland state lawmakers roll out response to Trump tax law: Democrats in Maryland's state legislature on Tuesday rolled out three bills in response to the new tax overhaul that President Trump signed last month, including trying to protect state and local tax (SALT) deductions.

"This federal bill pushed by Donald Trump, pushed by the right wing of the Republican party, imposes double taxation on the people of Maryland," Senate President Mike Miller (D) said in a news conference.

One of the bills is designed to mitigate the fact that the new tax law caps the SALT deduction at $10,000. Under the measure, Maryland residents would be able to make charitable contributions to a state fund and receive a credit against their state taxes. The donations could still be deductible from federal taxes.

The other two bills would decouple Maryland's tax code from the federal tax code. The Hill's Naomi Jagoda explains how: http://bit.ly/2mAmb14.

 

Steelworkers union president 'disappointed' and 'frustrated' with Trump: The president of the United Steelworkers union says the group is "terribly disappointed" with President Trump, who he says has done nothing to protect American jobs since taking office last January.

In an interview with CNN, United Steelworkers President Leo Gerard said that American workers are in some ways worse off now than they were just a year ago.

"We're terribly disappointed and hugely frustrated," Gerard told CNN. "There's been no action that has done anything to protect and defend American jobs. ... In some cases we're worse off now than we were then."

Chief among Gerard's concerns is the Trump administration's investigation, announced last April, into steel and aluminum imports from China and other countries suspected of violating trade practices.

At the time, Trump called the investigation "a historic day for American steel and, most importantly, for American steelworkers," and predicted that his administration would take action stemming from the investigation by the summer. So far, no action has been taken: http://bit.ly/2mH2zZo.

 

Chamber of Commerce to call for gas tax hike to pay for infrastructure: The U.S. Chamber of Commerce will advocate for a hike to the gas tax to fund plans for a massive infrastructure package, the organization's president said in a recently published interview.

"I've been pushing this for a long, long time, but now gangs of people are pushing it," Tom Donohue told The Washington Post.

The Chamber, which has for years backed an increase to the federal gas tax, will reportedly press for a 25-cent-per-gallon hike, an effort that comes ahead of the Trump administration's long-awaited infrastructure plan. The business group will unveil its strategy for the effort this week, the Post said.

"We just got a new tax bill for the first time in 31 years," Donohue told the newspaper.

"We're making some significant changes in regulatory reform. We've got a president -- everybody's got all their own views about him and what he stands for and all that -- but the guy's getting stuff done ... and he's a builder. I think we can get some help here." http://bit.ly/2mFu7hD.

 

UnitedHealth expects $1.7B windfall from tax law: UnitedHealth Group, the country's largest insurer, will gain $1.7 billion in additional earnings in 2018 because of the GOP tax bill, the company's CEO said Tuesday.

In a fourth quarter earnings call, Dave Wichmann told investors the company will "accelerate" investing the windfall in new technology and local community-based health-care initiatives.

The legislation signed by President Trump last month slashed the corporate tax rate in an attempt to boost wages and add new jobs in the U.S. However, Wichmann did not mention that UnitedHealth would be using the additional cash for higher wages for its employees.

UnitedHealth had $201 billion in revenue and $10.6 billion in profit in 2017, according to the earnings statement. The company stopped participating in ObamaCare exchanges in most states in 2017: http://bit.ly/2mCT1hH.

 

Business groups key-vote miscellaneous tariff bill: Two business groups said Tuesday they will key-vote House passage of a measure that would eliminate duties on imported raw materials needed for production that aren't readily available in the United States.

The National Association of Manufacturers and the U.S. Chamber of Commerce will record how House lawmakers vote on the Miscellaneous Tariff Bill, which is set for a vote under suspension of the rules Tuesday evening.

If passed by the House, which is expected, the bill would head to the Senate for clearance to the White House.

The program, which expired five years ago, is expected to save businesses millions of dollars a year while making them more globally competitive. The Hill's Vicki Needham explains: http://bit.ly/2ENhdFK.

 
 

Write us with tips, suggestions and news: slane@thehill.comvneedham@thehill.comnjagoda@thehill.com, and nelis@thehill.com. Follow us on Twitter: @SylvanLane,  @VickofTheHill@NJagoda, and @NivElis.

 
 
 
 
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Overnight Health Care: House GOP considers adding health measures to funding bill | WH doctor says Trump in 'excellent' health | Gallup: Number of uninsured up 3M in 2017 | CDC chief to miss fourth hearing

 
 
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House GOP considers adding health measures to funding bill

House Republicans are considering adding a six-year extension of the Children's Health Insurance Program (CHIP), as well as delays of certain ObamaCare taxes, to a short-term government funding bill this week, sources say.

The six-year extension of CHIP would help put to rest a months-long delay in renewing the funding for that program, which has been caught up in a partisan dispute over how to pay for it.

There was a breakthrough last week when the Congressional Budget Office revised down the cost so that a six-year extension would essentially cost nothing.

A GOP aide on the House Energy and Commerce Committee said Tuesday they are "feeling good that CHIP gets done this week."

The package could also include delays of ObamaCare taxes, according to lobbyists following the negotiations.

Read more here.

 

But it's unclear if lawmakers will actually be able to work out a funding deal this week. As The Hill's Scott Wong reports, lawmakers are warning that the odds of a shutdown are rising. Read more on that here.

 

White House doctor: Trump in excellent health, mentally fit for office

President Trump's doctor on Tuesday gave him a clean bill of health, declaring him physically and mentally fit for the challenges of the nation's highest office.

Navy Rear Adm. Dr. Ronny Jackson, who has served as the presidential physician since 2013, conducted a lengthy and unusual briefing at the White House where he offered a detailed rundown of Trump's first physical as president.

Jackson said he has interacted with Trump, 71, several times a day over the past year and saw no need to conduct a cognitive evaluation as part of the physical because the president is "very sharp" and "very intact."

But at Trump's urging, Jackson selected and administered the Montreal Cognitive Assessment during the president's physical exam last week at Walter Reed National Military Medical Center.

Trump scored a 30 out of 30, Jackson said, a score he said should put to rest questions about Trump's mental fitness.

Read more here.

 

Number of uninsured Americans rises by over 3M in Trump's first year: Gallup

The number of uninsured Americans in 2017 saw its largest single-year increase since the implementation of the Affordable Care Act's coverage expansion, according to Gallup data released Tuesday.

According to the Gallup-Sharecare Well-Being Index, the number of Americans without health insurance rose by 1.3 percentage points in 2017, representing about 3.2 million people.

Among those who saw the biggest declines in coverage were people between the ages of 18 and 25, as well as black and Hispanic people and individuals with an annual household income of less than $36,000.

Read more here.

 

CDC director to miss fourth Congressional hearing because of ethics issues

Brenda Fitzgerald, the director of the Centers for Disease Control & Prevention, had to cancel another appearance before Congress because of ethics issues, a committee aide told The Hill.

This is the fourth time since being appointed to the role in July that Fitzgerald has been unable to testify because of potential conflicts of interest.

She was slated to testify Wednesday in front of the Senate's health committee on public health threats but is no longer scheduled to.

Fitzgerald, a former Georgia health official, has divested from many stock holdings since taking the CDC job. But because she's been unable to divest from some holdings due to legal and contractual obligations, she's had to recuse herself from some CDC duties, including testifying in front of Congress.

Read more here.

 

Pentagon, FDA to speed up approval for battlefield medical products

The Defense Department and the Food and Drug Administration (FDA) on Tuesday announced new steps aimed at expediting the approval of medical devices and drugs for use on the battlefield.

The plan is being carried out in line with a law passed last year in the wake of a controversy over whether the Pentagon should be allowed to approve products for battlefield use.

"We recognize that there are essential and in some cases unmet health-care needs of those protecting our nation and that we at the FDA need to do our part to better protect them," Anna Abram, the FDA's deputy commissioner for policy, planning, legislation and analysis, said in a conference call with reporters.

Right now, the Pentagon is focusing on getting approval for freeze-dried plasma, cold-stored platelets and cryopreserved platelets, which the military hopes will help save troops from bleeding out on the battlefield.

The Pentagon and its advocates in Congress have been frustrated by what they describe as the FDA's slow approval of certain treatments they say could save lives on the battlefield.

Read more here.

 

UnitedHealth expects $1.7B windfall from tax law

UnitedHealth Group, the country's largest insurer, will gain $1.7 billion in additional earnings in 2018 because of the GOP tax bill, the company's CEO said Tuesday.

In a fourth quarter earnings call, Dave Wichmann told investors the company will "accelerate" investing the windfall in new technology and local community-based health-care initiatives.

The legislation signed by President Trump last month slashed the corporate tax rate in an attempt to boost wages and add new jobs in the U.S. However, Wichmann did not mention that UnitedHealth would be using the additional cash for higher wages for its employees.

Read more here.

 

Kentucky governor threatens to end Medicaid expansion

An executive order issued by Kentucky Gov. Matt Bevin (R) would end the state's Medicaid expansion if any part of the state's newly approved Medicaid overhaul is struck down by a court.

If the expansion were to end, nearly 500,000 people would lose Medicaid coverage.

Bevin's executive order would instruct the secretary of the Cabinet for Health and Family Services and the Medicaid commissioner to "take necessary steps to terminate Kentucky's Medicaid expansion" if any part of his plan is struck down in court.

The order, which was also issued on Friday, calls for the expansion to start being dismantled "no later than six months" after all appeals are exhausted.

Bevin ran on a platform of ending the expansion, which was enacted by the state's previous governor, Democrat Steve Beshear.

Read more here.

 

What we're reading:

Contraceptive app under fire for causing unwanted pregnancies (Endgadget)

Former health secretary Tom Price gets a new gig as adviser (Bloomberg)

Celgene in talks to buy Juno Therapeutics (Wall Street Journal)

 

State by state

In occupation where stress is ample, farmers have few options for mental health care (mprnews.org)

How California became a role model on measles (The New York Times)

 
 

Send tips and comments to Jessie Hellmann, jhellmann@thehill.com; Peter Sullivan, psullivan@thehill.com; Rachel Roubein, rroubein@thehill.com; and Nathaniel Weixel, nweixel@thehill.com.

Follow us on Twitter: @thehill@jessiehellmann@PeterSullivan4@rachel_roubein, and @NateWeixel.

 
 
 
 
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