To: thames_sider who wrote (5048 ) 3/27/2002 9:53:53 PM From: Lane3 Read Replies (3) | Respond to of 21057 Presidential Order Followed Draft by Lobbyists By Dana Milbank Washington Post Staff Writer Wednesday, March 27, 2002; 4:15 PM President Bush last year issued a presidential order on energy policy that closely followed a proposed draft given to the administration two months earlier by oil lobbyists, according to documents released by the Energy Department under a court order. An official from the American Petroleum Institute last March 20 sent an e-mail to Joseph Kelliher, then a Department of Energy policy adviser proposing language for a presidential directive governing energy regulations. API called it "a suggested executive order to ensure that energy implications are considered and acted on in rulemakings and other executive actions." The API recommended an order requiring agencies to consider whether environmental or regulatory actions would cause "inordinate complications in energy production and supply." Bush, on May 18, issued Executive Order 13211, directed agencies to prepare a "Statement of Energy Effects" relating to "any adverse effects on energy supply, distribution or use." The API recommendation defines the order to apply to "any substantive action by an agency that promulgates or is expected to lead to the promulgation of a rule, regulation or policy, including, but not limited to, notices of inquiry, advance notices of proposed rulemaking, notices of proposed rulemaking, and guidance documents." The Bush order says it applies to "any action by an agency. . . .that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking." The similarity was identified today by the Natural Resources Defense Council, the environmental group that forced Monday night's disclosure of 11,000 pages of Energy Department documents under a court order. NRDC said the order's wording was far more expansive than is customary. "The oil companies seem to be putting words in our president's mouth," Sharon Buccino, an NRDC lawyer, said at a press conference. The NRDC also pointed to a March 23 e-mail from Southern Co., which it identified as the country's second largest polluter, to Kelliher. An attached document said national energy policy should include "Reform of EPA's New Source Review Program," regulations limiting emissions from expanded power plants. Southern complained that the Environmental Protection Agency's interpretation of the statute, part of the Clean Air Act, "discourages any repair or replacement project that might make an electric utility generating unit more available to operate" for longer hours. Bush's national energy policy called on the EPA to review the regulations and interpretations of the Clean Air Act. The EPA recently completed that review with a decision to make the regulations more favorable to industry. A spokeswoman for the administration was examining NRDC's charges. The environmental group also filed a motion in U.S. District Court in Washington today seeking to hold the Energy Department in contempt of court for providing incomplete information under last month's court order. © 2002 The Washington Post Company