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Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Communications and Technology Subcommittee Chair Bob Latta (R-OH) today sent National Telecommunications and Information Administration (NTIA) Administrator Alan Davidson a letter demanding an explanation for the Agency’s repeated failures to respond to questions for the record (QFRs) in a timely manner. Congress has a responsibility to conduct oversight of the executive branch, and the NTIA’s failure to be responsive and transparent undermines our system of checks and balances. KEY LETTER EXCERPT: “We expect NTIA to take seriously our oversight efforts and respond to QFRs and letters promptly. After the hearing on December 5, 2023, it took you 107 days to submit your answers to the QFRs, far exceeding the 2-week deadline. “We received answers to QFRs from the December oversight hearing on the same day that we announced the May NTIA oversight hearing. It is unacceptable that in order to receive responses to QFRs from an oversight hearing, we must introduce more oversight activity.” The Chairs requested answers to the following questions:   During our May 15, 2024, oversight hearing, when questioned about the untimeliness of NTIA’s responses, you said, “I don't know all the details about why each of those took so long, and I would be happy to get back to you. I think the process of writing the QFRs were quite lengthy.” Please describe the process of drafting QFR responses. During that same hearing, you also said “We have to get them [(responses to QFRs)] all cleared through a complex internal interagency process, and that often slows us down.” Please explain each of the steps in this process. How can this interagency process be adjusted to ensure that NTIA responds promptly to the Committee’s requests? CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) today released a statement condemning the Federal Communications Commission (FCC) following the agency’s approval of a rule to allow the E-rate program to support Wi-Fi hotspots for use off school property.  “This expansion of E-rate funding to cover off school property violates federal law and will result in taxpayer dollars subsidizing children’s unsupervised internet access while failing to improve learning outcomes for children. Furthermore, the E-rate program is notorious for overbuilding and other wasteful spending. Rather than take steps to address the existing problems with the E-rate program, the FCC is doubling down to advance Chairwoman Rosenworcel’s pet projects. The FCC should instead be working with Congress to advance its policy goals.”  On July 31, 2023 , Chair Rodgers and Senate Commerce Committee Ranking Member Ted Cruz (R-TX) sent a letter to Chairwoman Rosenworcel expressing their opposition to her proposal to vastly expand the E-Rate program.  On September 28, 2023 , Chair Rodgers and Senator Cruz sent a letter to the then newly sworn-in FCC Commissioner Anna Gomez urging her to oppose FCC Chairwoman Rosenworcel's plan to expand the E-rate program beyond school classrooms and libraries. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Energy, Climate, and Grid Security Subcommittee Chair Jeff Duncan (R-SC) announced a hearing titled “The Fiscal Year 2025 Federal Energy Regulatory Commission Budget.”  “Energy is foundational to everything we do. It’s what keeps the lights on, heats our homes, and powers our hospitals and businesses. It has raised our standard of living, driven technological innovation, and improved the health and wellbeing of all Americans. Unfortunately, recent actions taken by the Biden administration are threatening to shutter critical baseload energy sources and replace them with less reliable, more expensive, weather dependent generation. Americans are paying the price," said Chairs Rodgers and Duncan. "We look forward to having the full Commission, including recently sworn in Commissioners Rosner, See, and Chang, present for this important hearing. FERC plays a key role in ensuring Americans have access to affordable, reliable energy, and we look forward to discussing with the Chairman and Commissioners how the agency can continue fulfilling its core mission and furthering America's energy leadership.”  Subcommittee on Energy, Climate, & Grid Security hearing titled “The Fiscal Year 2025 Federal Energy Regulatory Commission Budget.”    WHAT: A subcommittee hearing on FERC’s 2025 Fiscal Year budget request, oversight of the Commission, and ways to unleash American energy.   DATE: Wednesday, July 24, 2024  TIME: 10:00 AM  LOCATION: 2123 Rayburn House Office Building  This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov . If you have any questions concerning the hearing, please contact Kaitlyn Peterson at Kaitlyn.Peterson@mail.house.gov . If you have any press-related questions, please contact Sean Kelly at Sean.Kelly@mail.house.gov . 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Energy, Climate, and Grid Security Subcommittee Chair Jeff Duncan (R-SC) today announced a hearing titled “The Fiscal Year 2025 Nuclear Regulatory Commission Budget.” “A robust nuclear energy industry is critical for providing affordable clean energy to Americans. It has the potential to bolster critical baseload power supply and improve grid reliability. This Congress, the Energy and Commerce Committee led in passing the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act. This legislation will modernize and improve licensing processes at the Nuclear Regulatory Commission (NRC), ensuring we continue to grow this key part of America’s energy mix," said Chairs Rodgers and Duncan . This hearing is especially timely, given that the ADVANCE Act was recently signed into law, and we look forward to discussing next steps to ensure the NRC is implementing the law effectively and in accordance with Congressional intent in order to power the future and cement U.S. energy leadership for decades to come.” Subcommittee on Energy, Climate, & Grid Security hearing titled “The Fiscal Year 2025 Nuclear Regulatory Commission Budget.” WHAT: Subcommittee on Energy, Climate, and Grid Security hearing to discuss President Biden's FY 2025 budget request for the Nuclear Regulatory Commission   DATE: Tuesday, July 23, 2024 TIME: 10:00 AM LOCATION: 2123 Rayburn House Office Building WITNESSES: Hon. Christopher T. Hanson, Commissioner, U.S. Nuclear Regulatory Commission Hon. David A. Wright, Commissioner, U.S. Nuclear Regulatory Commission Hon. Annie Caputo, Commissioner, U.S. Nuclear Regulatory Commission Hon. Bradley R. Crowell, Commissioner, U.S. Nuclear Regulatory Commission This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov . If you have any questions concerning the hearing, please contact Kaitlyn Peterson at Kaitlyn.Peterson@mail.house.gov . If you have any press-related questions, please contact Sean Kelly at Sean.Kelly@mail.house.gov . 

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL) today announced a hearing titled “The Fiscal Year 2025 Consumer Product Safety Commission Budget.” “The Consumer Product Safety Commission (CPSC) has a long history of important, bipartisan work that has helped raise the standard of safety for the goods that people utilize every single day from infant sleeping products to home improvement supplies. More recently, however, the Biden administration has been pushing the CPSC away from its core safety mission towards a radical rush to green agenda, prioritizing actions like banning gas-powered appliances, which millions of households rely on,” said Chairs Rodgers and Bilirakis. “We look forward to hearing from CPSC Chair Hoehn-Saric and the other Commissioners and discussing how we can return the agency to focusing on its intended mission of keeping the American people safe.” Subcommittee on Innovation, Data, and Commerce hearing titled “The Fiscal Year 2025 Consumer Product Safety Commission Budget.” WHAT: Subcommittee on Innovation, Data, and Commerce hearing to discuss President Biden’s FY 2025 budget request for the Consumer Product Safety Commission. DATE: Tuesday, July 23, 2024 TIME: 2:00 PM ET LOCATION: 2123 Rayburn House Office Building WITNESSES: Hon. Alexander Hoehn-Saric, Chair, U.S. Consumer Product Safety Commission   Hon. Peter A. Feldman, Commissioner, U.S. Consumer Product Safety Commission   Hon. Richard Trumka Jr., Commissioner, U.S. Consumer Product Safety Commission   Hon. Mary T. Boyle, Commissioner, U.S. Consumer Product Safety Commission   Hon. Douglas Dziak, Commissioner, U.S. Consumer Product Safety Commission This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Alex Khlopin at Alex.Khlopin@mail.house.gov . If you have any press-related questions, please contact Sean Kelly at Sean.Kelly@mail.house.gov . 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Oversight and Acoountability Committee Chair James Comer (R-KY) sent letters to eight federal agencies today following the recent Supreme Court decision on Loper Bright Enterprises v. Raimondo , in which the court overruled Chevron deference. Science, Space, and Technology Committee Chair Frank Lucas (R-OK) and House Agriculture Committee Chair GT Thompson (R-PA) joined Chairs Rodgers and Comer on an additional letter sent to the Environmental Protection Agency. KEY LETTER EXCERPT: “We write to call to your attention Loper Bright Enterprises v. Raimondo, a recent Supreme Court decision that precludes courts from deferring to agency interpretations when the statutes are ambiguous. In its decision, the Court explicitly overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required deference to agency interpretations of ambiguous statutes. By allowing such deference, the Court in Chevron enabled the ‘Administrative State’ to usurp the legislative authority that the Constitution grants exclusively to Congress in Article I. The Chevron decision led to broader, more costly and more invasive agency regulation of Americans’ lives, liberty, and property.   “Perhaps no administration has gone as far as President Biden’s in issuing sweeping Executive edicts based on questionable assertions of agency authority. The Biden administration has promulgated far more major rules, imposing vast costs and paperwork burdens, than either its most recent predecessors. Many of these rules...have been based on overreaching interpretations of statutes enacted by Congress years ago, before the issues now regulated were even imagined.   “The expansive Chevron deference has undermined our system of government, creating an unaccountable Administrative State. Thankfully, the Court has now corrected this pattern, reaffirming that ‘[i]t is emphatically the province and duty of the judicial department to say what the law is.’ Given the Biden administration’s record of agency overreach, we are compelled to underscore the implications of Loper Bright and remind you of the limitations it has set on your authority.”   CLICK HERE to read the letter to the Environmental Protection Agency. CLICK HERE to read the letter to the Federal Communications Commission.  CLICK HERE to read the letter to the Consumer Product Safety Commission.  CLICK HERE to read the letter to the Federal Trade Commission.  CLICK HERE to read the letter to Department of Commerce.   CLICK HERE to read the letter to the Department of Energy.  CLICK HERE to read the letter to the Federal Energy Regulatory Commission.  CLICK HERE to read the letter to the Nuclear Regulatory Commission.  CLICK HERE to read the letter to the National Highway Transportation and Safety Administration.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Subcommittee on Health Chair Brett Guthrie (R-KY) announced a Subcommittee hearing titled “Are CDC's Priorities Restoring Public Trust and Improving the Health of the American People?” “Of all the government agencies that have broken the public’s trust, the CDC is at the top the list. Unfortunately, the agency’s current priorities—like climate change and social determinants of health—do not instill confidence that the agency is focused on its core mission of improving public health and preventing the spread of diseases,” said Chairs Rodgers and Guthrie. “This hearing will give our Members an opportunity to hear directly from CDC officials on what steps the agency is taking to regain public trust and protect the health and wellbeing of the American people.”  Subcommittee on Health hearing titled "Are CDC's Priorities Restoring Public Trust and Improving the Health of the American People?"   WHAT : A hearing to discuss the Centers for Disease Control and Prevention's (CDC) priorities to ensure it is working to regain public trust and protect the health and wellbeing of the American people.  DATE : Tuesday, July 23, 2024  TIME : 10:30 AM ET  LOCATION : 2322 Rayburn House Office Building  WITNESSES :  Dr. Karen Hacker, M.D., M.P.H. , Director, National Center for Chronic Disease Prevention and Health Promotion, U.S. Centers for Disease Control and Prevention   Dr. Allison Arwady, M.D., M.P.H. , Director, National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention   Dr. Daniel Jernigan, M.D., M.P.H. , Director, National Center for Emerging and Zoonotic Infectious Diseases, U.S. Centers for Disease Control and Prevention   Dr. Demetre Daskalakis, M.D., M.P.H. , Director, National Center for Immunization and Respiratory Diseases, U.S. Centers for Disease Control and Prevention   Dr. Henry Walke, M.D., M.P.H. , Director, Office of Readiness and Response, U.S. Centers for Disease Control and Prevention   Dr. Jennifer Layden, M.D., Ph.D. , Director, Office of Public Health Data, Surveillance, and Technology, U.S. Centers for Disease Control and Prevention   This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Emma Schultheis with the Committee staff at Emma.Schultheis@mail.house.gov . If you have any press-related questions, please contact Christopher Krepich at Christopher.Krepich@mail.house.gov .

Washington D.C. — In a letter to the Federal Energy Regulatory Commission (FERC), House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Energy, Climate, and Grid Security Subcommittee Chair Jeff Duncan (R-SC) are pressing for more information on FERC’s ability to address the growth in electricity demand, particularly from the rapid growth of AI data centers. KEY LETTER EXCERPT: “After years of minimal growth, electricity demand in the United States is projected to grow nationally at a significant pace through the end of the decade. It is anticipated that much of this demand growth will come from a surge in the number of data centers and the growing uses of artificial intelligence (AI) by data centers, onshoring of industry and manufacturing, and increased electrification. Estimates show annual growth of 5 to 6 percent through the end of the decade, a tenfold increase in the growth rate from current levels. By the end of the decade, data centers, which are driving increases in electricity demand, could consume as much as 9.1 percent of all electricity in the United States. "Unlike many sources of demand that consume electricity at a lower energy density, data centers consume large quantities of power at a near constant level throughout the year. This surge in demand for reliable and dispatchable baseload generation comes at a time when the NERC has repeatedly raised concerns over the adequacy and reliability of the grid. These risks are due to a confluence of factors, including state and federal policies that have forced premature retirements of reliable generation without adequate replacement generation resources and electric infrastructure. FERC’s recent summer assessment lists data center demand growth as a driver for increased demand while acknowledging that supply shortages are possible this summer.” BACKGROUND: The Energy and Commerce Subcommittee on Energy, Climate, and Grid Security held a hearing on June 4, 2024 to discuss the energy demands of emerging technologies, like Artificial Intelligence, and how to ensure that America continues to be a technological leader. Some experts project a ten-fold increase in the growth rate of new power demand, compared with the past decade. Data centers that process AI and digital transactions are a major driver of this increase in demand. Biden Administration actions, like the Clean Power Plan (CPP) 2.0, are accelerating the retirement of baseload power sources, which are essential for providing the 24/7/365 energy needed to power our technological future. E&C Republicans led a join resolution of disapproval on June 5, 2024 to halt President Biden’s CPP 2.0 which will shut down critical baseload energy generation. Chair Rodgers and Carter released a statement on April 25, 2024 blasting the EPA’s devastating power plant rules that would shut down American energy. The Chair requested the FERC Commissioners provide the following information by July 30, 2024: Explain what FERC is doing to assess the challenges of this new demand growth from data centers and industrial sectors. Explain what options FERC is considering to address this new demand growth to assure reliable, affordable delivery of power in the FERC regulated markets. What effect will demand growth have on capacity prices? Are the FERC jurisdictional wholesale markets prepared to withstand retirement projections and coinciding demand increase projections? The potential for co-locating data centers or industrial loads presents the risks of taking baseload, reliable generation off the grid at the expense of ratepayers. Is FERC monitoring the potential for merchant generators to enter into behind-the-meter agreements with data centers? What actions is FERC considering to address the incentives and impacts of any loss of load due to out-of-market financial arrangements? If state and federal policies do not adjust to preserve adequate baseload generation, how will the growing demand for reliable energy add additional costs and strain to our grid? CLICK HERE to read the full letter.

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Subcommittee on Energy, Climate, and Grid Security Chair Jeff Duncan (R-SC) today sent a letter to Federal Energy Regulatory Commission (FERC) Chairman Willie Phillips and the FERC Commissioners demanding information on how FERC is preparing for the devastating impacts that will be caused by EPA’s Clean Power Plan 2.0 (CPP2.0) on the electric grid.  KEY LETTER EXCERPT: "In addition to impermissibly infringing upon state responsibilities over electric generation, the EPA’s final rule imposes unrealistic standards with unproven compliance strategies on existing coal-fired power plants and new natural gas units. Despite widespread warnings from stakeholders over the reliability catastrophe that could ensue from the rule, the EPA failed to address these concerns in the final rule and did not amend the rule to reflect the formal input of the Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC).”   “FERC is unique among federal regulators in having a mandate to ensure the reliability and affordability of the grid pursuant to the Federal Power Act. As Commissioners of FERC, you have the responsibility to carry out that mandate. As a result of this rule, FERC could be forced to intervene using available measures to prevent additional closures of dispatchable generators to prevent reliability and resource adequacy crises. How and when those measures are utilized could make the difference between maintaining an affordable and reliable electric grid or a future of rolling blackouts and unaffordable electric rates.”   BACKGROUND: Under the Clean Power Plan 2.0, the EPA has mandated strict, costly, and untested standards on both new and existing natural gas and remaining coal generators.  The Energy and Commerce Committee held hearings on June 6, 2023 and November 14, 2023 to discuss the harmful impact of the EPA’s Clean Power Plan 2.0 (CPP2.0) on America’s energy security and grid reliability.    On June 6, 2023, Chair Rodgers led a letter to EPA from all Energy and Commerce Republicans on the agency’s CPP2.0.  On July 31, 2023, Chair Rodgers and former Subcommittee on Environment, Manufacturing, and Critical Materials Chair Bill Johnson (R-OH) sent a letter calling on the EPA to extend the comment period for their new CPP2.0 proposal.   On November 7, 2023, Chair Rodgers, Subcommittee on Energy, Climate, and Grid Security Chair Jeff Duncan (R-SC), and former Subcommittee Chair Johnson sent a letter to the Federal Energy Regulatory Commission (FERC) on how new EPA regulations, including CPP2.0, would be detrimental to the U.S. electric grid. On November 14, 2023, Chair Rodgers, Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), and former Subcommittee Chair Johnson sent a letter calling on EPA Administrator Michael Regan to withdraw the overreaching and unworkable CPP2.0 proposal. The Chairs requested Chairman Phillips provide responses to the following by July 30, 2024: 1. Please provide all communications between the Chairman, Commissioners, and FERC staff with the EPA administrator and EPA staff relating to the development of the proposed Clean Power Plan 2.0 rule. 2. Do any generators participating in the FERC-jurisdictional markets utilize carbon capture technology at a sustained capture rate of 90 percent? Do any generators participating in the FERC-jurisdictional markets use carbon dioxide pipelines to transport captured carbon dioxide? 3. Did FERC participate in the Office of Management and Budget’s Office of Information and Regulatory Affairs interagency review process to weigh in on EPA’s Clean Power Plan 2.0 rule? a. If not, please explain why FERC did not participate in this process. 4. What plans does FERC have in place to work with jurisdictional organizations and stakeholders to prevent grid disruptions stemming from the Clean Power Plan 2.0? Please provide a detailed explanation of your plans and the stakeholders with whom you are working. 5. Section 202(c) of the Federal Power Act allows FERC, when it determines that an emergency exists, to “temporarily order connections of facilities, and generation, delivery, interchange, or transmission of electricity as determined to best meet the emergency and serve the public interest.” a. Do you expect that Section 202(c) will be needed to prevent blackouts and brownouts, as a result of the Clean Power Plan 2.0? b. Do you believe that Section 202(c) is an effective tool to prevent blackouts and brownouts? If not, what specifically about the 202(c) process would need to change in order to make it effective? c. What steps must you take to make the decision to trigger emergency measures under 202(c)? Please provide a detailed explanation of any requests or work pertaining to a 202(c) order, including with other federal, state, and private parties. d. Section 61002 of the FAST Act, “Resolving Environmental and Grid Reliability Conflicts,” amended Section 202(c) to clarify that an emergency order issued by FERC will override federal, state, and local environmental laws. i. Have you discussed Section 61002 with the EPA or the Department of Energy?   ii. Please explain the substance of any such discussions.  6. A waiver under Section 202(c) allows a resource to operate for 90 days. Given that the Clean Power Plan 2.0 could create reliability and compliance issues over multiple years and have considerable impacts on the viability of the markets you regulate, is a new longer-term mechanism needed to maintain resources for reliability? Is a new longer-term mechanism needed to maintain resource adequacy?  7. Has FERC assessed the market impacts of the final rule and, if not, when will FERC do so?   a. How will this rule affect capacity and energy market prices?  b. How will these rules affect investment signals for new dispatchable resources, like natural gas? Will resources be able to recover the necessary revenues through the FERC-jurisdictional markets? 8. How does FERC propose to allow resources affected by the rule to retain necessary revenues in the market?   a. If resources affected by the EPA’s rule are unable to compete in the relevant markets, what amount of resources will abruptly retire?  b. What impact(s) will this have on resource adequacy? c. What impact(s) will this have on reliability, especially during peak conditions during summer and winter? CLICK HERE to read the full letter. CLICK HERE to read exclusive coverage from the Washington Examiner.