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To: cirrus who wrote (81546)6/17/2010 9:15:39 PM
From: stockman_scott  Respond to of 89467
 
Behind Closed Doors Four Key Democrats Maneuver To Weaken Financial Reform

tpmdc.talkingpointsmemo.com

Brian Beutler | June 17, 2010

Several House Democrats with close ties to the financial industry, including four members of the conference committee hashing out the final bill, are pushing to weaken the Wall Street reform legislation in the conference committee.

The 68-member New Democrat Coalition has been circulating drafts of a letter outlining their position on financial regulatory reform, proposing to significantly scale back regulations on derivative trading, and open up exceptions to the so-called Volcker rule, which limits financial firms' ability to speculate with their profits.

One draft of that letter, obtained by TPM, can be read here. Their position on derivatives provoked the ire of Americans for Financial Reform, the largest pro-regulation coalition in the country, which responded yesterday with a letter of their own.

"We strongly disagree...with the letters' analysis of the legislation," AFR's letter reads. "Strong derivatives regulation is key to preventing future financial crises, and we are convinced that the Senate language is needed to accomplish this goal."

Because of the conference committee's complex rules, the Wall Street friendly House members negotiating the final bill have little power to alter the rules on derivatives, which already appear in the base bill. Of greater concern to reformers on the Hill and in advocacy groups is their position on the Volcker rule, named after former Fed chair, and Obama adviser Paul Volcker, and authored by Sens. Carl Levin (D-MI) and Jeff Merkley (D-OR). That provision isn't in the base bill yet, and that gives the House Dems greater latitude to meddle with it before it's offered as an amendment.

Two sources identified four House members on the conference committee--Reps. Dennis Moore (D-KS), Gregory Meeks (D-NY), Mel Watt (D-NC), and Luis Gutierrez (D-IL)*--who have privately pushed to write a loophole into the Volcker rule which would allow banks to invest in hedge and private equity funds. That loophole has the strong backing of Bank of New York Mellon, and State Street Bank and Trust among other firms, but is fiercely opposed by Volcker himself, who has had tremendous influence over the shape of the reform bill up to now. Volcker was supposed to meet with the Democrats yesterday to warn them away from supporting this loophole, but the meeting was canceled at the last minute.

Spokesmen for the four congressmen did not immediately respond to requests for comment, though they noted that negotiations are fluid and no final decisions have been made.

The wrangling over the provision exemplifies just how opaque the negotiations over reform can be, even during an open conference committee such as this one.

The underlying Wall Street reform bill has a weak version of the Volcker rule in it, which by numerous accounts is supposed to be replaced with Levin and Merkley's beefed up version. But for that to happen, according to conference rules, House members on the committee must first propose it--and these Reps have toyed with the idea of allowing banks to invest 5 percent of their capital in hedge funds.

"An amount that's five percent of capital in a healthy financial market could quickly become 25 percent of capital in a crisis when financial assets are suddenly devalued," warns Heather McGhee, Director of the Washington office of the policy and advocacy group Demos, and a member of AFR.

The rules allow the Senators on the conference committee to strike whatever exemption the Wall Street friendly House members manage to add--except for one problem: Sen. Scott Brown (R-MA) is strongly in favor of the loophole, and as the 60th vote for financial reform, he has tremendous sway over what does and does not make it into the final bill.

If you need a real world example of the risk the loophole poses, look no farther than Bear Stearns.

"Bear Sterns invested $34 million in a hedge fund that they ended up bailing out for $3.2 billion," McGhee says.

Conversations between members and supporters of a strong Volcker rule are still ongoing, so nothing's yet set in stone. One of the House Dems--Mel Watt--is under investigation by the Office of Congressional Ethics for a fundraiser he held in the days before the House passed its Wall Street reform bill. The Conference Committee will officially (and publicly) address both derivatives and the Volcker rule next week.

*Late update: Gutierrez's spokesman Doug Rivlin calls to say that his boss hasn't taken a position on the Volcker rule. "Volcker rule isn't something that he's been working on," Rivlin says, noting that Gutierrez's main concern is with the portion of the reform bill dealing with resolution authority. Gutierrez wants a liquidation fund to be created in advance of the failure of any systemically significant financial firm--the Senate bill calls for those funds to be raised in the aftermath of a failure.



To: cirrus who wrote (81546)6/17/2010 9:41:02 PM
From: stockman_scott  Read Replies (1) | Respond to of 89467
 
Five Questions for BP's Tony Hayward
_____________________________________________________________

by Robert Weissman

Published on Thursday, June 17, 2010 by CommonDreams.org

BP CEO Tony Hayward today faces what is sure to be a tough inquisition before the House Energy and Commerce Committee.

Here are five questions Hayward should be forced to answer under oath:

1. Do you agree that the Deepwater Horizon disaster could have been averted if BP had exercised a greater degree of concern for safety?

In advance of the hearing, Energy and Commerce Committee Chair Henry Waxman and Subcommittee on Oversight and Investigations Chair Bart Stupak sent Hayward a detailed letter elaborating five separate cost-cutting and corner-cutting decisions made by BP. Had BP made a different decision in any of these and other instances -- prioritizing safety over profit -- it is likely the Gulf catastrophe could have been averted. The Committee is sure to focus on these issues.

2. If you believe that the Gulf gusher is simply an unfortunate accident, rather than the result of BP's negligence and recklessness, do you therefore agree that deepwater drilling is too risky and dangerous?

3. Even if this disaster could have been prevented if BP had not been so reckless, doesn't the scale of the gusher and the fecklessness of BP's response mean that deepwater drilling should be abandoned?

It is evident that the gusher is having a devastating effect on the Gulf's ecology, but no one knows how serious it is or will be. This disaster has far outpaced scientific knowledge about the deep sea.

The disaster has also shown that, while oil giants do have the technology to drill a mile below sea level and miles into the earth's core, they do not have commensurate capacity to handle an oil geyser a mile below the ocean's surface. There is not even a serious capacity to control oil on the surface.

4. After the explosion, BP claimed 1,000 barrels a day were leaking into the ocean. The government now estimates 60,000 barrels are gushing a day. Some experts believe the amount may be more like 100,000. Some skeptics have understandably raised questions about whether BP's initial public statements on the size of the leak were made in good faith. Will you release all internal estimates and related documentation on the size of the oil gusher, and continue to release such information publicly as you generate it?

More generally, will you presumptively share publicly all materials you are now generating related to capping the well, capturing oil and cleaning up the ocean and shore?

Information about BP's operations in this regard can no longer be considered proprietary and nonpublic, if it ever should have been. BP is now performing essentially public functions in trying to address the gusher. BP remains in control of the remedial process only because the government does not have the technological capacity to take over.

5. You have agreed to pay $20 billion into an escrow fund to pay victims of the oil gusher. You have also agreed to suspend dividend payments for this year. But BP's liabilities may vastly exceed $20 billion. Do you pledge to make available the resources of the entire BP corporate structure to satisfy these liabilities?

Behind this question: There is good reason to be concerned about BP trying to isolate liability in one or more subsidiaries, and then either entering the subsidiary into bankruptcy, or manipulating the corporate form in an attempt to pay all of what it will owe.

For Tony Hayward and BP, the hard questions are just beginning.

*Robert Weissman is president of Public Citizen, which is calling for a BP Boycott



To: cirrus who wrote (81546)6/18/2010 4:39:44 AM
From: T L Comiskey  Respond to of 89467
 
Gulf oil full of methane, adding new concerns

By MATTHEW BROWN and RAMIT PLUSHNICK-MASTI,
Associated Press Writers Matthew Brown And Ramit Plushnick-masti, Associated Press Writers –

NEW ORLEANS – The crude gushing from the ruptured well in the Gulf of Mexico contains vast amounts of natural gas that could pose a serious threat to the ecosystem.

John Kessler is a Texas A&M University oceanographer. He says the oil emanating from the seafloor contains about 40 percent methane — compared with about 5 percent found in typical oil deposits.

Scientists say that means huge quantities of the methane have entered the Gulf, potentially suffocating marine life.

Methane is a colorless, odorless and flammable substance that is a major component in the natural gas used to heat people's homes.

A BP spokesman says about 30 million cubic feet of natural gas is burned daily from the leak. But that doesn't account for gas that eludes containment efforts.



To: cirrus who wrote (81546)6/18/2010 2:54:32 PM
From: stockman_scott  Respond to of 89467
 
Why the Early Failure to Measure the Oil Spill Was So Important

ecocentric.blogs.time.com



To: cirrus who wrote (81546)7/15/2010 7:46:12 PM
From: stockman_scott  Respond to of 89467
 
How to Tell a Nation Is at Risk
_______________________________________________________________

By FLOYD NORRIS
Columnist
The New York Times
July 15, 2010

Which governments will not be able to pay their bills?

The ones with private sectors that are not doing well enough to bail out the government.

That should be one lesson of the near default this year of the Greek government. Government finances are important, but in the end it is the private sector that matters most.

If so, those who focus on fiscal policy may be missing important things. Spain appeared to be in fine shape, with government surpluses, before the recession hit. Now Spain is being downgraded and has soaring deficits.

“Academics and market practitioners have not had an impressive record of predicting serious financial downturns or of providing adequate early warnings of impending sovereign economic and financial problems,” says Edward Altman, a professor at New York University who has long studied debt defaults by companies and governments.

Mr. Altman’s answer is fairly simple: “One can learn a great deal about sovereign risk by analyzing the health and aggregate default risk of a nation’s private corporate sector, a type of bottom-up analysis.”

After that analysis, using a system he developed with a company called Risk Metrics, Mr. Altman’s ranking of European governments now differs a little from conventional wisdom. He sees Britain and the Netherlands as the safest governments, ahead of Germany. Greece is at the bottom, of course, with Italy, Portugal and Spain looking better than it does, but not particularly good.

Looking at corporate strength, he argues, does a better job of forecasting debt problems than do traditional macroeconomic indicators, such as gross domestic product growth and debt levels relative to G.D.P.

That analysis is sharply at odds with much current political discourse, which focuses on debt-to-G.D.P. levels and purports to see disaster looming for both Britain and the United States if something is not done immediately to restore fiscal discipline.

It may seem odd to talk of businesses bailing out governments, when the reverse is what appeared to happen over the last couple of years. But government credit, in the end, is based on its ability to collect taxes. A healthy private sector will provide the taxes, if they are to be provided at all.

That is something the bond rating agencies understand, but it is also the opposite of a traditional ratings practice, which was to treat a country’s debt rating as a ceiling for the ratings of companies from that country. In fact, the reverse has something to be said for it.

The old ceiling view did make sense under some circumstances. Defaulting governments have sometimes required companies to default as well, as a way of protecting dwindling foreign currency reserves at a time of crisis.

The overseas debt of most countries is denominated in currencies the governments cannot print and its citizens do not use, which is one reason crises can sneak up on traditional analyses. Argentina’s debt-to-G.D.P. ratio was about 50 percent, recalled Albert Metz, a managing director of Moody’s, shortly before the nation defaulted in the 1990s. The currency collapsed, and the ratio tripled overnight.

That distinction is one that has gained less attention than it should. In practice, it means that a crisis such as Argentina experienced, or as Thailand did a few years later, cannot sneak up on such nations as Britain, which borrows pounds, or the United States, which borrows dollars.

Greece did not face that risk either, because it borrows euros. But it cannot print the currency, so new credit could dry up. It was that threat that forced the crisis.

There is another lesson of the recent crisis that should be understood. The obligations of a country’s financial sector are, in extremis, contingent obligations of the government. Allowing the financial system to collapse is simply not an acceptable alternative.

Much of the rhetoric about the new financial reform bill in the United States dealt with politicians claiming, or denying, that future bailouts would be prevented. The real answer hinges on whether the new regulatory regime, combined with the lessons bankers should have learned, will prevent a new financial crisis.

If not, there will be bailouts, whatever laws are passed. Or at least there should be. The world tried going without them in the 1930s. It did not work out well.

It is profoundly discouraging to see American politicians screaming that TARP — the bank bailout — is to be blamed for deficits. In fact, the bailout worked. Had something like it not been done, the debt of the United States government might be lower now, but the nation’s credit would be far worse.

Federal debt, as reported, has skyrocketed during the Obama administration. But a large part of that stems from decisions made years before most Americans knew who Barack Obama was, and certainly before he had any power. Those decisions were made by banks and brokers. They were made by Fannie Mae and Freddie Mac when they were not under direct government control.

Other parts of the spending come from efforts to keep the economy from collapsing under the weight of the proof that those earlier decisions were horrendously bad ones.

The economic debate now should be focused on keeping the federal government from someday being similar to Greece, with a weak private sector and a bloated government that cannot collect taxes to meet its obligations.

There is no risk of that in the near term. The United States government can print dollars to avoid default, but it is not having to do so. It can borrow at low rates because investors around the world still trust it.

To keep that trust in the longer term, the economy must grow. It is possible, though not proved, that significant new stimulus is needed. If it is, that spending, too, will partly be to clean up messes made before.

The American economy currently is doing better than it would sound from the rhetoric on both sides of the political spectrum. The two demonstrable signs that the recovery has slowed are in areas — housing and cars — where temporary stimulus programs were artificially spurring growth. It was obvious that there would be brief declines when those programs expired.

But pessimism is intense. There was talk of depression just before the latest stock market rally began, and surveys of investors show levels of bearishness normally seen only after years of market declines. In fact, the market is up sharply from early 2009, and about 20 percent above where it was a year ago.

In Washington, nobody seems to want to see good news. When government employment rose because of Census hiring, that was dismissed as obviously temporary. Now that the Census Bureau is letting people go, that is seen as bad economic news.

The left wants more stimulus spending, and sees economic optimism as playing into the hands of its opponents. The right wants proof that President Obama is doing a bad job, which it hopes will lead to large Republican gains in November, and sees economic pessimism as in its best interests.

In fact, there are few signs of a double-dip recession. As Daniel Gross asked in Slate this week, “Retail sales are up, and credit card debt is down. Why is that bad news?” Americans are spending about 5 percent more than a year ago, even with this week’s retail sales numbers that were pronounced disappointing by some. But it appears that the spending is coming more from those who can afford it than from those who need to borrow.

The important goal now is a healthy economy, and there are signs that it is arriving. Corporate profits were surprisingly strong in early 2010, and early second-quarter reports are encouraging.

It is the success, or failure, in obtaining that goal that will determine whether there is a real crisis in federal debt.



To: cirrus who wrote (81546)7/21/2010 11:26:13 PM
From: stockman_scott  Respond to of 89467
 
Experts Ask Why BP Delayed Cap

online.wsj.com

JULY 22, 2010

By GUY CHAZAN

With BP PLC's blown-out Gulf of Mexico oil well now effectively capped, some experts are questioning why the company didn't attempt a similar procedure earlier in a crisis that became the worst offshore oil spill in U.S. history.

BP scored a breakthrough last week when it installed a new, tightly fitting cap on the well that stopped oil from gushing into the ocean for the first time in nearly three months.

But a version of the plan that ultimately worked was proposed in the earliest days of the crisis by experts from a Houston firm, Wild Well Control Inc. They were among dozens of specialists BP drafted to help in the immediate aftermath of the spill, caused when a drilling rig it was leasing, the Deepwater Horizon, exploded and sank off the Louisiana coast in late April.

BP confirmed Wednesday that the capping plan was one of a number of options considered at the outset of the crisis but later rejected by the oil giant's management and by government scientists, who feared the procedure might make the situation worse by drastically increasing the amount of oil gushing from the leaking well.

That decision puzzled many technical experts trying to help BP, according to one subsea engineer who was advising the U.K. oil company in its Houston crisis center. "The whole industry was dumbfounded," the engineer said.

To be sure, other experts said BP did the best it could under the circumstances. Considering the industry's lack of experience dealing with blowouts at such water depths, it's not surprising it took the company nearly 90 days to come up with a way of halting the leak, they said.

Instead of trying to cap the leak, BP applied a series of strategies for diverting the spill that involved channeling the oil to vessels on the surface of the water. Most of these proved ineffective and they inadvertently delayed cessation of the oil flow by a month or more.

"With the benefit of hindsight, it's fairly obvious they should have intervened directly on the well and not resorted to stopgap measures," said Gene Beck, professor of petroleum engineering at Texas A&M University. "It's one of the lessons we've learned from the incident."

"The management at BP were paralyzed by fear," said another engineer advising the company.

BP declined to comment on the assertions.

David Nicholas, a BP spokesman, said that throughout the crisis "we have worked to develop multiple options for stopping the flow and containing the oil." He said that while the company initially thought collecting the crude was the best option, subsequent data acquired from the well gave BP the confidence to proceed with a plan to cap it.

He stressed that all decisions on the well are made by the Unified Command, led by retired Coast Guard Admiral Thad Allen, who is overseeing the federal spill response.

One of the reasons for the explosion that destroyed the Deepwater Horizon was the failure of a safety device called a blowout preventer, or BOP, a 450-ton stack of valves that sits on the seabed and is supposed to block unexpected surges of oil and gas by slicing through the drill pipe and sealing the well.

Wild Well Control came up with a plan to cap the leak by placing a new BOP on top of the one that failed. But the plan would have temporarily increased the amount of crude gushing from the well. BP said it had insufficient information about the well to predict how it would behave in such circumstances.

Instead, the company opted for less-risky measures designed to gather up the oil and channel it to the surface, while in parallel drilling a relief well that would permanently kill the leak at a much later date.

Meanwhile, a so-called top-kill procedure designed to overwhelm the well by pumping in heavy mud at high pressure was aborted at the end of May over fears it might damage the well's casing.

At that point, BP returned to the idea of installing a new blowout preventer on the Deepwater Horizon's BOP.

But the idea was vetoed again, this time by federal officials. They feared it could cause a buildup in pressure and trigger an underground blowout, which might further damage the well.

A spokeswoman for the Department of Energy said a number of technical issues had to be sorted out before the well could be capped.

The current seal on the well is effectively a variation on the BOP idea. BP said it took so long to deploy because the seal had to be built from scratch, a process that normally takes years.

Write to Guy Chazan at guy.chazan@wsj.com

Printed in The Wall Street Journal



To: cirrus who wrote (81546)7/21/2010 11:39:37 PM
From: stockman_scott  Read Replies (1) | Respond to of 89467
 
Workers on BP Rig Voiced Concern About Safety
_______________________________________________________________

By IAN URBINA
The New York Times
July 21, 2010

WASHINGTON — A confidential survey of workers on the Deepwater Horizon in the weeks before the oil rig exploded showed that many of them were concerned about safety practices and feared reprisals if they reported mistakes or other problems.

In the survey, commissioned by the rig’s owner, Transocean, workers said that company plans were not carried out properly and that they “often saw unsafe behaviors on the rig.”

Some workers also voiced concerns about poor equipment reliability, “which they believed was as a result of drilling priorities taking precedence over planned maintenance,” according to the survey, one of two Transocean reports obtained by The New York Times.

“At nine years old, Deepwater Horizon has never been in dry dock,” one worker told investigators. “We can only work around so much.”

“Run it, break it, fix it,” another worker said. “That’s how they work.”

According to a separate 112-page equipment assessment also commissioned by Transocean, many key components — including the blowout preventer rams and failsafe valves — had not been fully inspected since 2000, even though guidelines require its inspection every three to five years.

The report cited at least 26 components and systems on the rig that were in “bad” or “poor” condition.

A spokesman for Transocean, who confirmed the existence of the reports, wrote in an e-mail message that most of the 26 components on the rig found to be in poor condition were minor and that all elements of the blowout preventer had been inspected within the required time frame by its original manufacturer, Cameron. The spokesman, Lou Colasuonno, commenting on the 33-page report about workers’ safety concerns, noted that the Deepwater Horizon had seven consecutive years without a single lost-time incident or major environmental event.

The two reports are likely to broaden the discussion of blame for the April 20 explosion, which killed 11 workers and led to the gusher on the seafloor that has been polluting the Gulf of Mexico for months.

BP has been under the harshest glare for its role, but the Justice Department has said its criminal investigation of the disaster will look at the role of the many companies involved.

Together, these new reports paint a detailed picture of Transocean’s upkeep of the rig, decision-making and its personnel.

BP was leasing the rig from Transocean, and 79 of the 126 people on the rig the day it exploded were Transocean employees.

The first report focused on the its “safety culture” and was conducted by a division of Lloyd’s Register Group, a maritime and risk-management organization that dispatched two investigators to inspect the rig March 12 through 16. They conducted focus groups and one-on-one interviews with at least 40 Transocean workers.

The second report, on the status of the rig’s equipment, was produced by four investigators from a separate division of Lloyd’s Register Group, also on behalf of Transocean.

These investigators were scheduled to inspect the rig in April. While the report described workers’ concerns about safety and fears of reprisals, it did say that the rig was “relatively strong in many of the core aspects of safety management.” Workers believed teamwork on the rig was effective, and they were mostly worried about the reaction of managers off the rig.

“Almost everyone felt they could raise safety concerns and these issues would be acted upon if this was within the immediate control of the rig,” said the report, which also found that more than 97 percent of workers felt encouraged to raise ideas for safety improvements and more than 90 percent felt encouraged to participate in safety-improvement initiatives.

But investigators also said, “It must be stated at this point, however, that the workforce felt that this level of influence was restricted to issues that could be resolved directly on the rig, and that they had little influence at Divisional or Corporate levels.”

Only about half of the workers interviewed said they felt they could report actions leading to a potentially “risky” situation without reprisal.

“This fear was seen to be driven by decisions made in Houston, rather than those made by rig based leaders,” the report said.

“I’m petrified of dropping anything from heights not because I’m afraid of hurting anyone (the area is barriered off), but because I’m afraid of getting fired,” one worker wrote.

“The company is always using fear tactics,” another worker said. “All these games and your mind gets tired.”

Investigators also said “nearly everyone” among the workers they interviewed believed that Transocean’s system for tracking health and safety issues on the rig was “counter productive.”

Many workers entered fake data to try to circumvent the system, known as See, Think, Act, Reinforce, Track — or Start. As a result, the company’s perception of safety on the rig was distorted, the report concluded.

Even though it was more than a month before the explosion, the rig’s safety audit was conducted against the backdrop of what seems to have been a losing battle to control the well.

On the March visit, Lloyd’s investigators reported “a high degree of focus and activity relating to well control issues,” adding that “specialists were aboard the rig to conduct subsea explosions to help alleviate these well control issues.”

The mechanical problems discovered by investigators found problems with the rig’s ballast system that they said could directly affect the stability of the ship. They also concluded that at least one of the rig’s mud pumps was in “bad condition.”

The report also cited the rig’s malfunctioning pressure gauge and leaking parts and faulted the decision by workers to use a type of sealant “proven to be a major cause of pump bearing failure.”

Federal investigators have been focusing on the role that inadequate mud weight played in the blowout. Shortly before the explosion, workers on the rig replaced the heavy drilling mud with a lighter seawater. Drilling experts have speculated that having chosen a better mud weight could have prevented the disaster.

Transocean’s equipment report also may shed new light on why the blowout preventer failed to stop the surging well, which is one of the biggest remaining mysteries of the disaster.

Federal investigators said Tuesday at a panel that continuing to drill despite problems related to the blowout preventer might have been a violation of federal regulations that require a work stoppage if the equipment is found not to work properly.

While the equipment report says the device’s control panels were in fair condition, it also cites a range of problems, including a leaking door seal, a diaphragm on the purge air pump needing replacement and several error-response messages.

The device’s annulars, which are large valves used to control wellbore fluids, also encountered “extraordinary difficulties” surrounding their maintenance, the report said.

Despite the problems, multiple pressure tests were taken of the blowout preventer’s annulars and rams and the results were deemed “acceptable,” the report said.

The two Transocean-commissioned reports obtained by The Times echo the findings of a maintenance audit conducted by BP in September 2009. That audit found that Transocean had left 390 maintenance jobs undone, requiring more than 3,500 hours of work. The BP audit referred to the amount of deferred work as “excessive.”

-Robbie Brown contributed reporting from New Orleans, and Griffin Palmer from New York.