-----Original Message----- From: Holt, Rob [mailto:Rob.Holt@nreca.coop] Sent: Friday, November 18, 2011 10:21 AM To: Holt, Rob Subject: Glenn English - A Few Things (November 18) MEMORANDUM November 18, 2011 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... We crossed the finish line on one of the top electric cooperative legislative initiatives for 2011! The FY12 Agriculture-Transportation-Commerce appropriations mini-bus package sent to the President's desk includes all of the Rural Utilities Service (RUS) provisions we sought in the Agriculture appropriations debate. The Senate voted 70-30 to accept the conference committee's report and the House passed the measure on 298-121 vote (roll call tallies enclosed). All of our provisions remained intact throughout conference negotiations that concluded with a surprising decision by the conference leaders that there was no need for a second meeting. All but one of 38 House-Senate conferees signed off on the package. However, a large group of House Republicans still voted against the bill because they wanted more spending cuts. Along with the $6.6 billion in RUS electric loan levels, the bill includes the Senate provision for $424 million in Guaranteed Underwriter loans. We won Senate language that would allow RUS to provide loans for fossil-based generation with carbon capture and sequestration. We also worked with key lawmakers to stop a Senate amendment to cut Rural Development funding by $1 billion, which would have hobbled programs important to electric co-ops. The Agriculture mini-bus, which contained the three least controversial of the 12 appropriations bills, also contains a third FY12 continuing resolution to fund federal operations until December 16, 2011. Wheels May Come Off Second Mini-Bus, Energy-Water Bill May Move Separately Electric co-ops have important provisions in play as the Senate works on a second mini-bus package with the Energy and Water Development (H.R. 2354), Financial Services and State and Foreign Operations bills. While it once looked as though the package would go to the Senate floor before the week-long Thanksgiving break, it has stalled amid procedural and policy battles that may unravel the bill. The Energy and Water section of the bill is in a "time out" and it is unclear when the Senate will return to it, either as a stand-alone measure or part of another mini-bus as they work to complete the FY12 appropriations. The Energy and Water section includes the Power Marketing Administrations and we are pushing hard to deter any potential proposals to cut their funding. We are also supporting an amendment by Sens. John Barrasso (R-WY) and Dean Heller (R-NV) to ban the Army Corps of Engineers from finalizing proposed "guidance" on waters that would require Clean Water Act permits. We could see an amendment by Sen. Lisa Murkowski (R-AK) to delete language in the current bill that would amend the Public Utility Regulatory Policies Act to allow states to establish "feed-in tariffs" for qualifying renewable facilities. Since NRECA has serious concerns about the impact of feed-in tariffs on consumer rates, we would support such an amendment. Super Committee in Final Days of Negotiations on Deficit Reduction Recommendation The deficit reduction super committee is in the "hours to go" phase of negotiations, Co-Chairwoman Sen. Patty Murray (D-WA) says. Only five days before its November 23 deadline to make a decision on recommendations to Congress to achieve least $1.2 trillion in budget savings, the panel is still struggling to agree on the thorny issues of raising taxes to increase revenues and entitlement spending cuts. The super committee will attempt to do a markup session on a package of recommendations early next week. Super committee members acknowledged the panel may not deliver a comprehensive plan next Wednesday. Co-Chairman Rep. Rep. Jeb Hensarling (R-TX) said they are considering a recommendation for a "two-step process." Under that plan, the super committee would send the House Ways and Means and Senate Finance committees, the panels with jurisdiction on tax issues, a set of principles and "goals" for developing legislation. Those committees would be asked to draft legislation by certain dates, which may be as late as next spring. Similar recommendations may also go to congressional standing committees with jurisdiction on entitlement programs like Medicare and Medicaid. REINS Act Cleared for House Floor Debate, Vote Possible this Month The House Rules Committee voted 7-3 to report the "Regulations from the Executive in Need of Scrutiny" (REINS) Act (H.R. 10) for floor debate, but will review it one more time to clear a procedural hurdle. House Majority Leader Eric Cantor (R-VA) said he expects a floor vote this month on the bill that would require federal agencies, including the Environmental Protection Agency (EPA), get congressional approval before implementing a major rule that would have economic impact of $100 million or more. While this bill will likely pass in the House, where it has wide support of the Republican majority, it is unlikely to pass in the Senate. Senate Majority Leader Harry Reid (D-NV) specifically criticized H.R. 10 during floor statements, saying it is part of a coordinated Republican attack on the regulatory process. Supreme Court to Review Challenges to Federal Health Care Reform Law The U.S. Supreme Court agreed to review an 11th Circuit Court of Appeals decision that the 2010 federal health care reform law is unconstitutional. The justices will hear the case in March 2012, setting up a decision next June that will likely influence the presidential elections. A key question is whether the courts can rule on challenges to provisions that have not yet come into effect. Those provisions include a mandate for all individuals to purchase health insurance or pay a penalty starting in 2014, and a 40 percent excise tax on so-called "high cost" health plans starting in 2018, which would impact many electric co-op employer-provided plans. Enclosures: (2) Senate and House final roll calls on H.R. 2112. 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