-----Original Message----- From: Holt, Rob [mailto:Rob.Holt@nreca.coop] Sent: Friday, January 20, 2012 12:51 PM To: Holt, Rob Subject: Glenn English - A Few Things (January 12) MEMORANDUM January 20, 2012 TO: Statewide Managers G&T Managers NRECA Board of Directors FROM: Glenn English, Chief Executive Officer A few things I wanted to share with you... The 239-176 House vote for a resolution opposing Administration plans to raise the debt ceiling $1.2 trillion grabbed headlines this week because it happened in a vacuum of legislative action. However, this vote was a largely symbolic vote because the Budget Control Act passed by Congress last August already gave the president the authority to raise the debt ceiling if Congress does not act to do so. Therefore, this resolution is unlikely to pass the Senate. House Republicans used this vote to highlight election themes on deficit reduction and government spending. This symbolic vote is the first of many expected this Congress as Republicans and Democrats push message bills to draw contrasts for voters. With Congress facing historically-low approval ratings as the President's ratings have improved, Republican Party leaders want to demonstrate unity on their agenda for job creation, deficit reduction, tax policy and burdensome regulation. Democratic leaders have discussed jobs and economic proposals that include clean energy and infrastructure investment. While both parties are posturing around energy, and we expect the President to include an energy theme in his State of the Union Address next Tuesday, the general air of partisanship makes it hard to envision the enactment of any significant energy legislation this year. The Administration's announcement that it would reject a key permit for the Keystone XL pipeline reduces those chances even further. The legislative pace will pick up next week, when House and Senate conferees will have their first official negotiating session on a year-long payroll tax cut extension bill. The major sticking point is how to pay the $100 billion cost. We expect Congress to address this issue by the end of February when the current payroll tax cut expires, though it is also quite possible we would see Congress enact an additional short-term extension if it cannot agree on a way of paying for a yearlong extension by February 29. Environmental Groups will Sue EPA to Force Release of New Coal Ash Rules An environmental coalition announced plans to sue the Environmental Protection Agency (EPA) in an attempt to force the agency to expedite a rulemaking for new regulations on disposal of coal ash. The groups are sending EPA a 60-day notice of their intent to file a lawsuit to get a federal court to impose a deadline on issuing a coal ash rule. In response to the Tennessee Valley Authority coal ash spill in December, 2008, EPA issued a proposed rule in 2009, but has said it does not expect to finish a new rule until 2013. In 2000, EPA determined that coal ash is appropriately regulated as a non-hazardous material, and NRECA has been urging EPA to ensure that coal ash continues to be regulated as non-hazardous material. NRECA is also working to get Congress to pass legislation to ensure EPA regulates coal ash as non-hazardous. NRECA will review the potential legal strategies the environmental could pursue and consider the potential options for electric co-ops to respond. We will keep you updated in the developments on this issue. NRECA Seeks Rehearing on Latest FERC Ruling in Ongoing PURPA Challenge NRECA has strongly urged the Federal Energy Regulatory Commission (FERC) to rehear a recent order requiring Midland Power Cooperative to seek FERC approval before disconnecting operators of a small wind turbine who refused to pay their retail electric bills. FERC ruled that it must give approval before a utility can disconnect a renewable unit operated as qualified facility under the Public Utility Regulatory Policies Act (PURPA), even if a state utility commission has approved it. The American Public Power Association also submitted a petition supporting NRECA's rehearing request. NRECA Moves to File Appeal on PJM Capacity Markets Rule NRECA notified the U.S. Court of Appeals for the Third Circuit that it will file an appeal of Federal Energy Regulatory Commission (FERC) orders on the PJM Interconnection and the "minimum offer price rule" that would deny electric co-ops and other load-serving entities the ability to effectively and economically use their own resources to meet their own capacity obligations. It would also force electric co-ops from long-term planning and make them more dependent on the short-term centralized markets for capacity. Enclosure: (1) NRECA filing to FERC. Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, copy, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.