12DEPARTMENT OF ENERGY
AND RELATED COMMISSIONS
Bernard L. McNamee

AMERICAN ENERGY AND SCIENCE DOMINANCE

The next conservative Administration should prioritize energy and science
dominance to ensure that Americans have abundant, affordable, and reliableenergy; create good-paying jobs; support domestic manufacturing and technology
leadership; and strengthen national security. Achieving these goals will requirebold policy action and reforms that involve the U.S. Department of Energy (DOE);
the Federal Energy Regulatory Commission (FERC); and the Nuclear Regulatory
Commission (NRC).
American Energy Dominance. Access to affordable, reliable, and abundant
energy is vital to America’s economy, national security, and quality of life. Yet
ideologically driven government policies have thrust the United States into a newenergy crisis just a few short years after America’s energy renaissance, which began
in the first decade of the 2000s, transformed the United States from a net energy
importer (oil and natural gas) to energy independence and then energy dominance.
Americans now face energy scarcity, an electric grid that is less reliable, and artificial shortages of natural gas and oil despite massive reserves within the UnitedStates—all of which has led to higher prices that burden both the American people
and the economy.
The new energy crisis is caused not by a lack of resources, but by extreme “green”
policies. Under the rubrics of “combating climate change” and “ESG” (environmental, social, and governance), the Biden Administration, Congress, and various states,
as well as Wall Street investors, international corporations, and progressive special-interest groups, are changing America’s energy landscape. These ideologically— 363 —

Mandate for Leadership: The Conservative Promise

driven policies are also directing huge amounts of money to favored interests andmaking America dependent on adversaries like China for energy. In the name of
combating climate change, policies have been used to create an artificial energy
scarcity that will require trillions of dollars in new investment, supported with
taxpayer subsidies, to address a “problem” that government and special interests
themselves created. The result has been increased energy costs that:lll

Hurt individuals and families, especially low-income Americans and seniors
on fixed incomes;
Make businesses that create the jobs that drive our economy and quality oflife less competitive; andMake America less energy secure.

Moreover, increased energy scarcity will allow government, either directlyor through access to banks and Wall Street investors, to decide who is “worthy”
to receive funding for energy projects. In the end, government control of energy
is control of people and the economy. This is one reason why the trend toward
nationalization of our energy industry through government mandates, bans on
the production and use of oil and natural gas, and nationalization of the electric
grid is so dangerous.
At the same time, adversaries like China, Russia, North Korea, Iran, andnon-state actors are constantly engaged in cyberattacks against our energy infrastructure. We have already seen what supposedly “minor” attacks, such as thecyberattack on the Colonial Oil Pipeline1 or the physical attack on electric infrastructure in North Carolina,2 can do. A coordinated cyber and physical attack onnatural gas pipelines and the electric grid during an extended cold spell could becatastrophic. Yet the current Administration’s first concern is plowing taxpayer
dollars into intermittent wind and solar projects and ending the use of reliable
fossil fuels.
A conservative President must be committed to unleashing all of America’s
energy resources and making the energy economy serve the American people, notspecial interests. This means that the next conservative Administration should:llPromote American energy security by ensuring access to abundant, reliable,
and affordable energy.
Affirm an “all of the above” energy policy through which the best attributesof every resource can be harnessed for the benefit of the American people.

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Department of Energy and Related Commissions

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Support repeal of massive spending bills like the Infrastructure Investment
and Jobs Act (IIJA)3 and Inflation Reduction Act (IRA),4 which established
new programs and are providing hundreds of billions of dollars in subsidies
to renewable energy developers, their investors, and special interests, andsupport the rescinding of all funds not already spent by these programs.
Unleash private-sector energy innovation by ending government
interference in energy decisions.
Stop the war on oil and natural gas.
Allow individuals, families, and business to use the energy resources theywant to use and that will best serve their needs.
Secure and protect energy infrastructure from cyber and physical attacks.
Refocus the Department of Energy on energy security, accelerated
remediation, and advanced science.
Promote U.S. energy resources as a means to assist our allies and diminish
our strategic adversaries.
Refocus FERC on ensuring that customers have affordable and reliable
electricity, natural gas, and oil and no longer allow it to favor special
interests and progressive causes.
Ensure that the Nuclear Regulatory Commission facilitates rather thanhampers private-sector nuclear energy innovation and deployment.

American Science Dominance. Ever since the age of Benjamin Franklin, theUnited States has been at the forefront of scientific discovery and technologicaladvancement. Beginning with the groundbreaking science of the Manhattan Project, the U.S. has developed 17 National Laboratories that conduct fundamental andadvanced scientific research. The National Labs have been critical in supporting
national defense and ensuring that the United States leads on scientific discoveries
with transformative applications that benefit America and the world.
In recent years, however, U.S. science has been under threat. Externally,
adversaries like the Chinese military have been engaged in scientific espionage,
infiltrating taxpayer-funded scientific research projects, and funding their own
science research. In addition, the National Labs have been too focused on climatechange and renewable technologies.

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Mandate for Leadership: The Conservative Promise

American science dominance is critical to U.S. national security and economic
strength. The next conservative President therefore needs to recommit the UnitedStates to ensuring this dominance.
MISSION STATEMENT FOR A REFORMED DEPARTMENT OF ENERGYThe Department of Energy should be renamed and refocused as the Departmentof Energy Security and Advanced Science (DESAS). DESAS would refocus on DOE’s
five existing core missions:
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Providing leadership and coordination on energy security and related
national security issues,
Promoting U.S. energy economic interests abroad,Leading the nation and the world in cutting-edge fundamental
advanced science,
Remediating former Manhattan Project and Cold War nuclear
material sites, andDeveloping new nuclear weapons and naval nuclear reactors.

These missions work together by using advanced science to promote national
security while getting the government out of the business of picking winners andlosers in energy resources. Reform is needed because DOE, instead of focusing oncore energy and security issues, has been spending billions of taxpayer dollars to
subsidize renewable energy developers and investors, thereby making Americans
less energy secure and distorting energy markets.
OVERVIEW

DOE was created by the Department of Energy Organization Act of 19775 in
response to the 1970s oil crisis, consolidating various energy programs that previously had operated without coordination throughout the federal government ina single department. In addition to addressing energy issues, DOE is tasked with:ll

Engaging in basic and fundamental science and research through the 17
National Laboratories;
Cleaning up the Manhattan Project and Cold War nuclear material andweapons sites;— 366 —

Department of Energy and Related CommissionsllDeveloping sites for the storing of civilian nuclear waste; andDeveloping new nuclear weapons and naval reactors through thesemiautonomous National Nuclear Security Agency (NNSA).

Beyond these core responsibilities, DOE currently administers billions ofdollars that support research and commercialization of energy technology,
provides loans to the private sector for energy infrastructure and technology
commercialization, and issues energy efficiency standards for appliances. Morerecently, DOE has focused its work and taxpayers’ money on renewable energy
and climate change.6
It is one thing for government to engage in fundamental scientific researchthat the private sector would not perform, particularly because advancements inscience promote national security through technological prowess. Government,
however, should not be picking winners and losers in dealing with energy resources
or commercial technology. Such government favoritism can crowd out new innovation, devolve into cronyism, and raise energy prices for consumers and businesses.
It is time for the United States to use all of its energy resources again for the benefitof the American people.
New Policies: Energy

To ensure that the American people have access to abundant, affordable, andreliable energy, DESAS’s energy role should be focused on:
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Working with the energy industry and networks to ensure energy
infrastructure security through science and coordination with theprivate sector.
Assessing international energy issues that constitute threats to U.S.
national security.
Promoting U.S. energy resources as a means to assist our allies, diminish ourstrategic adversaries, and ensure the existence of markets that will support
domestic energy production.
Pursuing early and advanced science, including materials science, that is
related to energy and national security.
Developing the leadership necessary for the disposal of commercial andgovernment spent nuclear fuel.

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National Energy Security. Protecting American infrastructure from cyberand physical threats, both natural and human, is vital to national security, theeconomy, and the well-being of the American people. Protecting and advancing these national security interests is a proper role for the federal government.
DESAS should:lFocus on studying threats to the electric grid, natural gas, and oil
infrastructure; sharing such information with the energy industry;
promoting the reliability and security of energy resources andinfrastructure; and developing strategies and technologies to combat
threats by working with the National Labs. The following offices would
report to the DESAS Undersecretary of Energy Security:
1.

Office of Cybersecurity, Energy Security, and Emergency Response(CESER), elevated to an Assistant Secretary. CESER would work withthe existing or reconstituted versions (as described in more detailbelow) of the Office of Electricity (OE); Office of Nuclear Energy (NE);
Office of Fossil Energy (FE), currently the Office of Fossil Energy
and Carbon Management (FECM); Office of Energy Efficiency and
Renewable Energy (EERE); and the Strategic Petroleum Reserve (SPR)
to identify and address threats to energy infrastructure.7 Instead oftrying to decarbonize the American economy and allocating taxpayer
dollars for commercialization of energy technologies, these offices
would focus on energy security by identifying threats to energy supplies
and infrastructure, developing strategies to address those threats, andfunding fundamental science and technology where appropriate.

2. Office of Electricity (Assistant Secretary).
3. Office of Nuclear Energy (Assistant Secretary).
4.

Office of Fossil Energy (Assistant Secretary, with Carbon Management
deleted from its title and purpose.

5. Office of Energy Efficiency and Renewable Energy (Assistant Secretary).
6.
lStrategic Petroleum Reserve (stand-alone or part of CESER).

Eliminate special-interest funding programs. Many DOE energy
funding programs are not targeted on fundamental science and technology;
instead, they focus more on commercialization and act as subsidies to the— 368 —

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private sector for government-favored resources. The DOE Office of Clean
Energy Demonstrations (OCED); Office of State and Community Energy
Programs; ARPA-E; Office of Grid Deployment (OGD); and DOE Loan
Program should be eliminated or reformed. If they continue to exist, FECM,
NE, OE, and EERE should focus on fundamental science and technology
issues, particularly in relation to cyber and physical threats to energy
security, rather than subsidizing and commercializing energy resources.
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Eliminate political and climate-change interference in DOE
approvals of liquefied natural gas (LNG) exports. In addition, Congressshould reform the Natural Gas Act8 to expand required approvals frommerely nations with free trade agreements to all of our allies, such as
NATO countries.
Focus the Federal Energy Management Program (FEMP) on ensuringthat government buildings and operations have reliable and costeffective energy. FEMP should stop using taxpayer dollars to force thepurchase of more expensive and less reliable energy resources in the nameof combating climate change.
Ensure that information provided by the U.S. Energy Information
Agency (EIA), a data and statistical organization, is data-neutral.
Focus FERC on its statutory obligation to ensure access to reliableenergy at just, reasonable, and nondiscriminatory rates. FERC is afive-member commission created under the DOE Organization Act that
regulates the wholesale sales and transmission of electricity, promotes
electric reliability through standards, permits natural gas pipelines and
LNG export facilities, sets natural gas pipeline shipping rates, and sets oil
pipeline shipping rates. It is an economic regulator and should not makeitself a climate regulator.
Streamline the nuclear regulatory requirements and licensing
process. Such changes would help to lower costs and accelerate thedevelopment and deployment of civilian nuclear, such as advanced
nuclear reactors (including small modular nuclear reactors). The Nuclear
Regulatory Commission (NRC) is commission tasked with the licensingof civilian nuclear reactors and power plants and regulating other uses ofnuclear materials, such as nuclear medicine. Although it is not a DOE agency,
its jurisdiction over nuclear reactor, fuel, safety, and trade issues often
relates to or impinges on DOE’s jurisdiction.

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Mandate for Leadership: The Conservative PromiselFocus on energy and science issues, not politicized social programs.
The next Administration should stop using energy policy to advancepoliticized social agendas. Programs that sound innocuous, such as “energy
justice,”9 Justice40,10 and DEI,11 can be transformed to promote politicized
agendas. DOE should focus on providing all Americans with access toabundant, affordable, reliable, and secure energy, and DOE should manage
its employees so that everyone is treated fairly based on his or her talent,skills, and hard work.

New Policies: International Energy Security

To help the President and policymakers understand and apply U.S. energy interests in international affairs more effectively, various DOE programs offices need
to be reformed.
llPromote American energy interests. The next Administration should make
U.S. energy dominance a key component of its foreign policy while ensuringthat domestic and international goals are aligned. American energy dominancewill allow the United States to secure energy for its citizens, markets for its
energy exports, and access to new energy natural resources and will provide
tools for U.S. policymakers to assist our allies and deter our adversaries. DESAS
should analyze U.S. international energy security interests and develop a
National Energy Security Strategy (NESS). This strategy would take accountof the energy landscape across the globe to inform the President in his foreign
policy and defense roles, but it should not be a tool for U.S. industrial policy,
although it might highlight how current domestic industrial and climate
policies threaten U.S. energy and national security.
Strengthen the role of the new Department of Energy Security andAdvanced Science. There are frequent turf battles on energy issues between
the Department of State and DOE. Although the State Department clearly has
the policymaking authority under the DOE Organization Act, it tends to ignore
the expertise and perspectives that DOE provides. The existing Assistant
Secretary for International Affairs should provide the principal support for
the DOE Secretary and Deputy Secretary on National Security Council (NSC)
activities and should interface with colleagues at the Departments of Defense,
State, Treasury, and Commerce, as well as the Intelligence Community (IC).

New Policies: Advanced Science

To ensure that America continues to lead the world in fundamental science, theNational Labs should be refocused, and national science policy should be reviewed
and coordinated.

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Department of Energy and Related Commissions

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Refocus the National Labs on fundamental and advanced science.
DOE currently oversees 17 National Laboratories. The three National Labs
run by DOE’s NNSA should continue to focus on national security issues.
The remaining 14 science and energy labs should focus on basic research
projects; demonstration and deployment of technology should be left tothe private sector. This goal can be achieved by realigning the labs to limit
duplication and mission creep and to maximize potential.
Conduct a whole-of-government assessment and consolidation ofscience. Before the start of a new Administration, there should be a review of
all the federal science agencies.12 This should include a review of the ill-advised
attempt to expand the National Science Foundation’s mission from supporting
university research to supporting an all-encompassing technology transition.
Specific to DOE, there should be a review to measure, prioritize, and consolidate
DOE programs based on a range of beneficial factors, including degree ofrelationship to national security; furtherance of energy security (cyber but alsointernational aspects); and importance to scientific discovery/advancement.

New Policies: Remediation of Nuclear Weapons
Development Programs and Civilian Nuclear Waste

Cleaning up the radioactive waste produced in support of the Manhattan Project
and the Cold War at America’s nuclear development sites is a massive and complicated process led by DOE’s Office of Environmental Management. Projectedliabilities and costs to be borne by America’s taxpayers, according to DOE’s FY
2023 budget request, total $887,205 billion.13 In addition, the federal government isrequired by law to dispose of nuclear waste produced by the private sector, including spent fuel rods from nuclear power plants. The new DESAS should:llContinue DOE’s remediation of radioactive waste created by the
nuclear weapons projects from the Manhattan Project and Cold
War. Strong leadership focused on accelerating the cleanup, coupled withtechnical and administrative innovation, will be needed to reduce thefederal government’s third largest liability.
Develop a new approach that increases the level of private-sector
responsibility for the disposal of nuclear waste. Disposing of civilian
nuclear waste is an important national issue that requires strong scientificstudy. According to an independent audit conducted by the public
accounting firm of KPMG, the Nuclear Waste Fund holds $46 billion in
payments by utilities and their ratepayers, plus interest, for a permanent
waste disposal site for spent nuclear fuel and other nuclear waste.14 The— 371 —

Mandate for Leadership: The Conservative Promise

licensing process for Yucca Mountain as a permanent repository for spent
nuclear fuel is on hold. Without storage sites, spent nuclear fuel remains
temporarily stored at nuclear plants. In addition to permanent storage, lowlevel nuclear waste facilities are needed.
New Policies: NNSAThe U.S. nuclear arsenal needs to be updated and reinvigorated if we are to beable to deal effectively with threats from China, Russia, and other adversaries. As asemi-autonomous agency, the NNSA has the primary responsibility for researchingand designing new nuclear warheads and for ensuring that the existing nuclear
arsenal is still potent. These efforts require significant funding and scientific knowhow. In addition, NNSA develops and designs nuclear propulsion reactors for the
U.S. Navy. NNSA also plays a role in preventing nuclear proliferation. With strong
leadership by the Secretary of DESAS, the next Administration should:lllFund the design, development, and deployment of new nuclear
warheads, including the production of plutonium pits in quantity.15
Expand the U.S. Navy and develop new nuclear naval reactors toensure that the Navy has the nuclear propulsion it needs to secure
America’s strategic interests.
End ineffective and counterproductive nonproliferation activities
like those involving Iran and the United Nations.

Budget

DOE’s total FY 2023 budget request (which does not include IIJA, IRA, and CHIPS
and Science Act funding) was for $48,183,451,000.16 Many DOE activities are requiredby various authorization and appropriations bills. To implement many of the policies
contained in these proposals, several laws will need to be amended, including the
Department of Energy Organization Act, IIJA, IRA, and possibly portions of the
CHIPS (Creating Healthy Incentives to Produce Semiconductors) and Science Act.17
Ending taxpayer subsidies will promote an “all of the above” energy policy, lead tomore energy resources, reduce costs, and save taxpayers billions of dollars.
OFFICE OF CYBERSECURITY, ENERGY SECURITY,AND EMERGENCY RESPONSE (CESER)
Mission/Overview

CESER’s mission is to “enhance the security and resilience of U.S. critical energy
infrastructure to all hazards,” to “mitigate the impacts of disruptive events and risk

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Department of Energy and Related Commissions

to the sector overall through preparedness and innovation,” and to “respond to andfacilitate recovery from energy disruptions in collaboration with other Federal
agencies, the private sector, and State, local, tribal, and territory governments.”18
Needed Reforms

The threats to U.S. energy infrastructure are real and persistent, and CESER’srole—working to support national security by working with the private sector toensure energy security—is a proper one for government. Though CESER is properly
focused on the threat to the grid from inverter-based resources like wind and solar, itneeds to focus on the entire energy system, including the interdependence between
natural gas and electric generation and cybersecurity. A good first step would be toreinstate an iteration of the Trump Administration’s Executive Order 13920, “Securing the United States Bulk-Power System.”19 The Biden Administration also placed
the Strategic Petroleum Reserves (SPR) and DOE’s Federal Power Act 202(c) authority20 under the CESER office, which should continue in the next Administration.
New Policies

CESER should be refocused to prioritize the cybersecurity, physical security,
and resilience of critical infrastructure. Through research and development, technical assistance to states and industry, and emergency exercises, CESER can makea difference in our energy security posture.
Budget

CESER received $177 million for FY 2022 under the Energy and Water Development and Related Agencies Appropriations Bill, 2022,21 and $550 million throughthe Infrastructure Investment and Jobs Act.22 The FY 2023 budget request is for$202 million.23 In addition, the White House has sent a letter to Congress requesting additional appropriations of $500 million to modernize the SPR.24
OFFICE OF ELECTRICITY (OE)
Mission/Overview

OE was created after the 2003 blackouts to improve grid reliability and energy
assurance.25 OE works to defend and promote the reliability and resiliency of theelectric grid through power grid modeling and analytics, cyber resilience programs,
and coordination with private-sector electricity providers. It also works to identify
Defense Critical Electric Infrastructure.
Needed ReformslFocus more intently on grid reliability. There are significant cyber,physical, and reliability threats to the electric grid, and it is important— 373 —

Mandate for Leadership: The Conservative Promisethat a government agency with access to national security information
develops data and plans to address threats to the grid and assist the private
sector in securing it. Although OE does not stand out as a problematic
office, additional focus and priority could be given to its original missionof working on grid reliability and resilience. OE could be combinedwith CESER (as well as what is left of the Grid Deployment Office if it iseliminated).
lEliminate applied programs. OE administers grant programs for things
like energy storage and the testing of grid-enhancing technologies (GETs).
These programs should be eliminated. The next Administration should workwith Congress to eliminate all DOE applied energy programs including OE(except perhaps those related to basic science for new energy technology).

New PolicieslPrioritize grid security. OE (along with CESER if they are combined)should focus on the security of critical infrastructure equipment usedin the bulk power system as envisioned in President Trump’s May 2020
Executive Order 13920 and a related December 2020 Prohibition Order,26
which was revoked in April 2021 by President Biden.27 In addition,
CESER/OE should:

1.

Focus on the interdependence of and threats to electric generation andnatural gas pipelines.

2. Continue to focus on Defense Critical Electric Infrastructure.
3. Work with FERC and the North American Electric Reliability
Corporation (NERC) to ensure that there is sufficient dispatchable
on-demand generation available to generate the electricity the gridneeds when intermittent generation like wind and solar is not available.
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End funding of programs for commercial technology and deployment.
The next Administration should work with Congress to eliminate
nonessential funding of commercial technology and deployment. These
activities can be conducted by the private sector.

BudgetOE’s FY 2021 enacted budget was $211,720,000, and DOE has requested$297,386,000 for FY 2023.28— 374 —

Department of Energy and Related Commissions

OFFICE OF NUCLEAR ENERGY (NE)
Mission/Overview

The Office of Nuclear Energy’s “mission is to advance nuclear energy scienceand technology to meet U.S. energy, environmental, and economic needs.” It has
five stated goals: “Enable continued operation of existing U.S. nuclear reactors,”“Enable deployment of advanced nuclear reactors,” “Develop advanced nuclear
fuel cycles,” “Maintain U.S. leadership in nuclear energy technology,” and “Enablea high-performing organization.”29 Under the Nuclear Waste Policy Act,30 the Officeof Nuclear Energy “has also been responsible for the DOE’s statutory requirements
to collect and dispose of spent nuclear fuel…since the Obama Administration’s
dissolution of the Office of Civilian Radioactive Waste Management.”31
Needed Reforms

NE is too influential in driving the business decisions of commercial nuclear
energy firms. Instead of focusing on a limited set of basic research and development activities that solve foundational technical issues that apply broadly toenergy production, NE intervenes in nearly all aspects of the commercial nuclear
energy industry. Absent wholesale reforms that restructure the federal energy andscience bureaucracy to eliminate such functional energy offices, the next Administration should:ll

Substantially limit NE’s size and scope.
Adopt broader regulatory and energy policy reforms that reduce
regulatory obstacles, allow all energy sources to compete fairly in themarketplace, and establish a predictable policy environment. This will
avoid unfair bias against the nuclear industry.

New Policies

NE should transition to a more limited scope of responsibilities that focuses onbasic research, solving broadly applicable technology challenges, and solving thenuclear waste management issue as it relates to the development and deploymentof advanced next-generation reactors, which can include small modular reactors(SMR). While respecting existing contractual obligations, NE should not initiate any new civilian reactor demonstration and commercialization projects. NE
also should:lFocus on overcoming technical barriers that are preventing
commercial reactor demonstration projects from moving forward.
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Mandate for Leadership: The Conservative Promise

directed toward commercialization, including licensing support, should beshouldered by the private sector.
lReorganize its remaining activities into three basic lines of
responsibility: nuclear fuels across the fuel cycle, reactor technology,
and civilian radioactive waste.

Budget

The above reforms would cost substantially less than the $1,675,060,000
requested for FY 2023.32 Legislation such as the IIJA placed additional funding for
new reactor demonstration projects outside of NE. These responsibilities and theirassociated funds should be moved to NE as appropriate. NE should not simply add
or subtract programs, as some programs may help to support NE’s new priorities.
The better approach would be to build a new budget and program strategy that
accounts for related DOE programs and submit a new budget request reflecting
NE’s new priorities.
OFFICE OF FOSSIL ENERGY AND CARBON MANAGEMENT (FECM)
Mission/Overview

DOE is authorized by law to increase the conversion efficiency of all forms offossil energy, reduce costs, improve environmental performance, and increase theenergy security of the United States.33 In recent years, the Office of Fossil Energy(FE) has been transformed from its statutory role of improving fossil energy production to one that is focused primarily on reducing the carbon dioxide emissions
from fossil fuel extraction, transport, and combustion. This change is reflected in
the office’s new name, the Office of Fossil Energy and Carbon Management (FECM),
effective as of July 2021, and FECM’s mission: “to minimize the environmental
impacts of fossil fuels while working towards net-zero emissions.”34
Needed ReformsllEliminate carbon capture utilization and storage (CCUS) programs.
Despite the recent expansion of the 45Q tax credit for carbon capture
utilization and storage (CCUS) to $87 per ton, most carbon capture
technology remains economically unviable, although private-sector
innovations are on the horizon. CCUS programs should be left to the private
sector to develop.35 If the office continues any CCUS research, that researchshould be focused more on innovative utilization.
Pursue the processing of critical minerals. Development of domestic
critical material sources is important for national security, as the vast

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majority of critical materials are mined or processed (or both) in Russia andChina.36 The processing of critical materials from fossil fuel waste products(primarily coal) has shown some potential and, in view of our vast domestic
reserves of coal and abundant waste from coal mining and combustion,
should be pursued.
New Policies
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Eliminate FECM. The next Administration should work with Congress toeliminate all of DOE’s applied energy programs, including those in FECM
(with the possible exception of those that are related to basic science for
new energy technology). Taxpayer dollars should not be used to subsidize
preferred businesses and energy resources, thereby distorting the market
and undermining energy reliability.
Rename FECM (if it cannot be eliminated) under its original
designation as the Office of Fossil Energy and with its original
mission: increasing energy security and supply through fossil fuels.
Focus on energy security and supply. Absent elimination of FECM,
Congress should direct FECM appropriations toward increasing energy
security and supply. Congress has already directed these goals (including
the reduction of costs).37
Ensure that LNG export approvals are reviewed and processed in atimely manner. In particular:
1.

Ensure that LNG export applications are reviewed and approved
expeditiously.

2. Maintain the categorical exclusion from the National Environmental
Policy Act (NEPA)38 for LNG exports that was established by the Trump
Administration39 or (if it is revoked by the Biden Administration)
reinstate it.
3. Work with Congress to expand automatic approvals to include allies suchas NATO as well as nations that have free trade agreements with the U.S.
lStrategic Petroleum Reserve (SPR). The Biden Administration moved
responsibility for the SPR to CESER. Regardless of where the responsibility
lies, the new DESAS should ensure that the SPR is maintained for national
strategic purposes and not misused for political gain.

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BudgetThe FY 2023 budget request for FECM was approximately $893.2 million.40
FECM’s requested appropriation can be compared to the more than $4.0 billion
requested for the Office of Energy Efficiency and Renewable Energy.41 The disparity
in funding demonstrates how DOE’s research activities and substantial portionsof its organizational structure are now focused entirely on the reduction of CO2
emissions rather than energy access or energy security.
OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY (EERE)
Mission/Overview

The Office of Energy Efficiency and Renewable Energy traces its roots to theEnergy Policy and Conservation Act of 1975,42 but most of its programs today
are rooted in the Energy Policy Act of 2005.43 Under the Biden Administration,
EERE’s mission is “to accelerate the research, development, demonstration, anddeployment of technologies and solutions to equitably transition America to netzero greenhouse gas (GHG) emissions economy-wide by no later than 2050” and“ensure [that] the clean energy economy benefits all Americans.”44 The office ismade up of three “pillars”: energy efficiency, renewable energy, and sustainabletransportation.
Needed Reformsll

End the focus on climate change and green subsidies. Under the Biden
Administration, EERE is a conduit for taxpayer dollars to fund progressive
policies, including decarbonization of the economy and renewable
resources. EERE has focused on reducing carbon dioxide emissions to
the exclusion of other statutorily defined requirements such as energy
security and cost. For example, EERE’s five programmatic priorities
during the Biden Administration are all focused on decarbonization of theelectricity sector, the industrial sector, transportation, buildings, and theagricultural sector.45
Eliminate energy efficiency standards for appliances. Pursuant to
the Energy Policy and Conservation Act of 1975 as amended, the agency
is required to set and periodically tighten energy and/or water efficiency
standards for nearly all kinds of commercial and household appliances,including air conditioners, furnaces, water heaters, stoves, clothes washers
and dryers, refrigerators, dishwashers, light bulbs, and showerheads.
Current law and regulations reduce consumer choice, drive up costs for
consumer appliances, and emphasize energy efficiency to the exclusion ofother important factors such as cycle time and reparability.

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New Policies
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Eliminate EERE. The next Administration should work with Congress toeliminate all of DOE’s applied energy programs, including those in EERE(with the possible exception of those that are related to basic science for
new energy technology). Taxpayer dollars should not be used to subsidize
preferred businesses and energy resources, thereby distorting the market
and undermining energy reliability.

Reduce EERE funding. If EERE cannot be eliminated, then the
Administration should engage with Congress and the House and Senate
Appropriations Committees on EERE’s budget. EERE’s budget wasaround $1.5 billion a year when the advances were made that led todramatic cost decreases in wind, solar, and battery technology. In recent
years, Congress has appropriated many billions of dollars in excess of
EERE’s normal budget (DOE requested more than $4.0 billion for FY2023).46 It should rescind these excess monies so that DOE is not required
to spend them. If funding cannot be reduced, then it should be reallocatedto more fundamental research and less toward commercializationand deployment.
Focus on fundamental science and research. If EERE cannot be
eliminated, then the Administration should focus on broader andmore fundamental energy research, consistent with law. The Biden
Administration is too focused on deploying technologies instead of
relying on the private sector. Moreover, under the Biden Administration,
EERE is too focused on decarbonization and not at all on thecost of energy.
Eliminate energy efficiency standards for appliances. The next
Administration should work with Congress to modify or repeal the law
mandating energy efficiency standards. Before (or in lieu of ) repealing thelaw, there are steps the agency can take to refocus on the consumer by giving
full force to the provisions already in the law that serve to limit regulatory
overreach and protect against excessively stringent standards. For example,
the Trump DOE prioritized the relatively few appliance regulations thatwere likely to save consumers the most energy and refrained from those
whose modest benefits are unlikely to justify the costs. It also took steps
to ensure that any new standards do not compromise product quality or
eliminate any features. These and other consumer protections are in thestatute but have often been ignored.

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Mandate for Leadership: The Conservative Promise

Budget

EERE was funded at slightly more than $2.8 billion in FY 2021, and DOE
requested slightly more than $4.0 billion for FY 2023.47 Congress needs to rescind
the appropriated monies that EERE has not spent and begin fresh with new
appropriations.
GRID DEPLOYMENT OFFICE (GDO)
Mission/Overview

The Grid Deployment Office was established to implement parts of the Infrastructure Investment and Jobs Act. Pursuant to the IIJA, GDO administers funds
appropriated by Congress to support transmission expansion and low/zero carbon
resources. In addition, GDO is developing studies of the electric grid to addresscongestion, enhance reliability and resilience, and promote “clean” energy.48
Needed Reformsll

End grid planning and focus instead on reliability. FERC and NERC
have the primary responsibility for addressing reliability, states have theprimary authority to site and permit transmission lines, and regionaltransmission organizations assist in planning regional transmission needs
for parts of the country, but Congress granted some grid planning and siting
authority to FERC and DOE through the Energy Policy Act of 2005 and
IIJA, as well as grid funding through the Inflation Reduction Act. Insteadof focusing on grid expansion for the benefit of renewable resources orsupporting low/carbon generation, GDO should be incorporated into thereformed Office of Cybersecurity, Energy Security, and Emergency Response,
which would work to enhance the grid’s reliability and resilience. To theextent that they remain in effect, the funding programs that GDO oversees
and administers should emphasize grid reliability, not renewables expansion.
Consider whether to defund the civil nuclear tax credit program andhydroelectric power efficiency and production incentives establishedin the IIJA and administered through GDO. If subsidies for renewable
resources are not repealed, it may be necessary to continue subsidies fornuclear and hydro to ensure grid reliability.

New PolicieslEliminate GDO and assign necessary activities to the reformed
CESER. It appears that GDO’s current purpose is to promote theintegration of low/zero carbon resources onto the grid by supporting
subsidies for such resources and building new transmission facilities at— 380 —

Department of Energy and Related Commissions

a cost that poses a barrier to renewable generation expansion. However,some of the grants that it administers under the IIJA appear to be properly
focused on enhancing the reliability and security of the electric grid. They
should be reassigned to the reformed and expanded CESER.
ll

End DOE/GDO’s role in grid planning for the benefit of renewable
developers. Under the Energy Policy Act of 2005 and IIJA, DOE is toperform grid congestion studies and has authority to identify National
Interest Electric Transmission Corridors (NIETC). Under the Biden
Administration, GDO is working on a National Transmission Planning
Study and is administering $2.5 billion to support “nationally significant
transmission lines, increase resilience by connecting regions of the country,
and improve access to cheaper clean energy sources.”49
Defund most GDO programs. GDO oversees nearly $20 billion in new
appropriations created by the IIJA, including a grid modernization grant
program, the transmission facilitation program, and the civil nuclear
credit program, among others. Congress should rescind any money notalready spent.

BudgetCongress appropriated $10 million for GDO in FY 2021, and DOE has requested$90.2 million for FY 2023.50
OFFICE OF CLEAN ENERGY DEMONSTRATION (OCED)
Mission/Overview

The OCED was established in December 2021 to implement the IIJA. Its mission is “[to] deliver clean energy demonstration projects at scale in partnershipwith the private sector to accelerate deployment, market adoption, and the equitable transition to a decarbonized energy system.”51
Needed ReformslEnd market distortions and stop shifting technology anddevelopment risks to taxpayers. The OCED is distorting energy
markets and shifting the risk of new technology deployment from theprivate sector to taxpayers. The IIJA provided more than $20 billion ingovernment subsidies to help the private sector deploy and market clean
energy and decarbonizing resources. Government should not be picking
winners and losers and should not be subsidizing the private sector to bring
resources to market.

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Mandate for Leadership: The Conservative Promise

New PoliciesllEliminate OCED. The next Administration should work with Congress
to eliminate all DOE energy demonstration programs, including thosein OCED. Taxpayer dollars should not be used to subsidize preferredbusinesses and energy resources, thereby distorting the market andundermining energy reliability.

Refocus on resources that will support reliability. To the extent thatthe various energy research and development funding authorities cannot
be repealed, funded projects should be consistent with the programmatic
goals of the next Administration. For example, the already awarded
Advanced Reactor Demonstration Program should help to move SMRs
from pilot scale to commercialization and in the process address material,
fuel, and regulatory issues that would pose deployment risk to utilities andWall Street.

Budget

DOE’s FY 2023 budget request includes $214 million “to initiate a new $150
million competition to support demonstrations that address integration issues ofrenewable energy into the U.S. transmission and distribution grids.”52 Overall, the“$21.5 billion provided by the Bipartisan Infrastructure Law”53 supports several
OCED programs:lAdvanced Reactor Demonstration Projects ($2.5 billion).

l

Carbon Capture Large-Scale Pilot Projects ($937 million).

l

Carbon Capture Demonstration Projects Program ($2.5 billion).

l

Clean Energy Demonstration Program on Current and Former Mine Land($500 million).

l

Energy Improvements in Rural or Remote Areas ($1 billion).

l

Industrial Demonstrations Program ($6.3 billion).

lLong Duration Energy Storage Demonstrations ($505 million).

lRegional Clean Energy Hubs ($8 billion).

lRegional Direct Air Capture Hubs ($3.5 billion).54— 382 —

Department of Energy and Related Commissions

Personnel

By drawing resources from across the DOE, the OCED has already grown to 70
personnel in six months. If OCED is eliminated, those positions can be eliminated.
If OCED is reduced, its personnel can be reduced to fit its scope.
LOAN PROGRAM OFFICE (LPO)
Mission/Overview“LPO’s mission is to finance next-generation U.S. energy infrastructure,”
serve “as a bridge to bankability for breakthrough projects and technologies,”and “de-risk[] them at early stages of investment so they can be developed atcommercial scale and achieve market acceptance.”55 The Biden Administration
directed the program to subsidize the Administration’s “net zero” energy transition away from conventional fuels by 2050 and to promote union jobs anddomestic supply chains.56
The LPO coordinates with the U.S. Treasury Federal Financing Bank and isorganized into seven divisions: Outreach and Business Development, Origination,
Portfolio Management, Risk Management, Technical and Project Management,
Legal, and Management and Operation. Its loan programs were originally designed
as temporary programs but have since been amended and expanded. Specifically:
The IRA expanded the authority in [LPO’s] existing programs, 1703, ATVM,
and Tribal Energy Finance, by $100B. IRA also created the Energy
Infrastructure Reinvestment (EIR) Financing Program (1706) which
can support up to $250B in loan authority. The CO2 Infrastructure
Finance and Innovation Act (CIFIA)—authorized by the [bipartisan
infrastructure law], appropriates $2.1B to support approximately $25B in
flexible, low-interest loans. This new legislation will create jobs and wealth,address environmental justice and equity priorities and strengthen ourenergy security and supply chains.57
Needed Reforms

Taxpayers should not be backing risky business ventures or politically preferred commercial enterprises. To save tax dollars and reduce current risk, the
new Administration:llShould not back any new loans or loan guarantees.
Should seek to sunset DOE’s loan authority through Congress andeventually eliminate the Loan Program Office.

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Mandate for Leadership: The Conservative Promise

DOE-backed loans and loan guarantees put taxpayers at undue risk, distort
private-sector investment decisions, shift private money toward projects with
political support, and create additional barriers to entry for companies that areoutside of the government’s definition of “innovative” or for companies that choose
not to participate.
New Policies

To the extent that DOE loan programs cannot be repealed, the new Administration should:lllStrengthen due diligence and increase transparency in DOE
loan programs.
Limit the use of new loan or loan guarantee authority to projects
that will promote the reliability and resilience of the electric
grid and other energy infrastructure and support national
security objectives.
Establish clear mandatory qualifications requiring applicants tocomply with the Uyghur Forced Labor Prevention Act58 and tocertify that they are not financed with any other local, state, orfederal taxpayer-backed loan, loan guarantee, or bond (such as astate “green bank”).

ADVANCED RESEARCH PROJECTS AGENCY–ENERGY (ARPA–E)
Mission/Overview

ARPA–E was created in 2007 as part of the America Competes (Creating Opportunities to Meaningfully Promote Excellence in Technology Education) Act.59 Its
statutory goals are “to enhance the economic and energy security of the UnitedStates through the development of energy technologies” that reduce “imports ofenergy from foreign sources;” reduce “energy-related emissions, including greenhouse gases;” improve “the energy efficiency of all economic sectors;” and “ensurethat the United States maintains a technological lead in developing and deploying
advanced energy technologies.”60
Some in Congress see ARPA–E as beneficial because the COMPETES Act provides it with more bureaucratic flexibility than other federal programs are allowed.
Its goals are essentially the same as those of DOE’s applied energy offices, but its
structure is different, and it is focused around individual programs instead ofaround offices with longer-term agendas.

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Department of Energy and Related Commissions

Needed ReformsllStop risking taxpayer dollars as venture capital for the private
sector. ARPA–E tends to see its mission as bringing technology from
idea to commercialization. Often called the investment trough, ARPA–E
is effectively funding projects that the private sector is unwilling to fund.
Taxpayers should not in effect be picking winners and losers—and having
their dollars at risk but not gaining the economic rewards of success.

End duplicative efforts. Another problem is that ARPA–E’s mission issimilar to the missions of DOE’s applied energy offices. If DOE’s appliedenergy offices are doing their jobs correctly, they will use Funding
Opportunities Announcements, prizes, lab calls, and other funding
mechanisms that are needed to accomplish a specific goal. In other words,
ARPA–E is at best duplicating the work done by other DOE offices.

New PolicieslEliminate ARPA-E. The next Administration should work with Congress
to eliminate ARPA–E. The agency is unnecessary, risks taxpayer dollars,
and interferes with risk-benefit decisions that should be made by theprivate sector.

BudgetCongress appropriated $427 million for ARPA–E in FY 2021, and slightly morethan $700 million has been requested for FY 2023.61
FEDERAL ENERGY MANAGEMENT PROGRAM (FEMP)Mission/Overview

The Federal Energy Management Program (FEMP) describes its mission
as working with “other federal agencies to meet energy-related goals, identify
affordable solutions, facilitate public–private partnerships, and provide energy
leadership to the country by identifying government best practices.”62 Congress hascreated a number of energy and energy efficiency requirements and guidelines forfederal agencies,63 and FEMP works with those agencies to help them meet theircongressionally mandated goals.
Needed Reforms

As the world’s largest single energy consumer, the federal government should
use energy efficiently and cost-effectively—especially because the taxpayer ispaying the energy bills. The Obama Administration required the federal government to set extrastatutory and aggressive goals regarding the use of renewable— 385 —

Mandate for Leadership: The Conservative Promise

energy. The Trump Administration took a less aggressive approach in Executive
Order 13834, which specified that “each agency shall prioritize actions that reduce
waste, cut costs, enhance the resilience of Federal infrastructure and operations,and enable more effective accomplishment of its mission.”64
New Policies

A conservative Administration should follow the language of Executive Order13834 and direct federal agencies to “reduce waste, cut costs, enhance the resilienceof Federal infrastructure and operations, and enable more effective accomplishment of its mission.” For FEMP, this means focusing on helping federal agencies
to follow the law and use energy efficiently and cost-effectively.
Budget

FEMP was funded at $40 million in FY 2022,65 and slightly less than $170 million is requested for FY 2023.66 If it is focused on helping the federal government
to carry out its statutorily based energy goal, much less money is needed.
CLEAN ENERGY CORPS
Mission/Overview

Under the IIJA, “the Clean Energy Corps is charged with investing more than
$62 billion to deliver a more equitable clean energy future for the American people[.]”67 The Corps says that it will “focus on deploying next generation clean energy
technology” to “help America meet its goals of a carbon-free power sector in 2035
and a decarbonized economy in 2050.”68
Needed Reforms

The Clean Energy Corps is a taxpayer-funded program to create new government jobs for employees “who will work together to research, develop, demonstrate,and deploy solutions to climate change.” DOE anticipates recruiting “an additional
1,000 employees using a special hiring authority included in the Bipartisan Infrastructure Law.”69 Taxpayers should not have to fund a cadre of federal employees
to promote a partisan political agenda.
New Policies

Eliminate the Clean Energy Corps by revoking funding and eliminating all positions and personnel hired under the program.
BudgetFunding for Clean Energy Corps employees is not clearly defined in the FY 2023
DOE budget request.

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Department of Energy and Related Commissions

ENERGY INFORMATION ADMINISTRATION (EIA)
Mission/Overview

The U.S. Energy Information Administration “collects, analyzes, and disseminates independent and impartial energy information to promote soundpolicymaking, efficient markets, and public understanding of energy and its interaction with the economy and the environment.”70
Needed Reforms

EIA is not an inherently problematic agency and historically has provided independent and impartial analysis. Requests for EIA analyses can be made by the
Administration or from Members of Congress or congressional committees. EIA
needs to be committed to providing unbiased forecasting and data so that policymakers, industry, and the public can have a clear understanding of our energy
resources and energy economy. Strong leadership will be needed to ensure thatdata and reporting are not misused to promote a politicized “energy transition.”
New PoliciesllClarify levelized cost of electricity. “Levelized cost of electricity (LCOE)
refers to the estimated revenue required to build and operate a generator
over a specified cost recovery period.”71 It is used in the National Energy
Modeling System (NEMS) to compare the cost of technologies to determine
which technologies are expected to be constructed in the future. Although it
is useful in comparing the costs of resources over time, LCOE can also mask
the massive amounts of capital needed to deploy new generation. Moreover,in the case of intermittent resources such as wind and solar, LCOE does notinclude the cost for backup or firming power from dispatchable resources.
EIA should ensure that its reporting provides an accurate assessment ofgeneration costs. The cost of backup power for when wind and solar resources
are not available should be included when comparing the technologies andreported as a separate component in the modeling documents.
Revise reserve margins. EIA, in conjunction with FERC, NERC, regionaltransmission organizations (RTOs), and the electric industry, shouldchange how electric grid reserve margins are defined and calculated. In thepast, reserve margins have looked at the amount of nameplate capacity on
the grid to serve peak load plus a reserve. With the increasing number ofintermittent, nondispatchable resources like wind and solar, peak load andreserve margins need to be reevaluated. Reserve margins need to be timed toload changes throughout the day and consider the availability of dispatchable
on-demand resources to meet load when renewables may not be available.

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Mandate for Leadership: The Conservative Promise

l

l

l

Update reports on the impacts of federal financial interventions andsubsidies. EIA’s most recent report on federal financial interventions andsubsidies was issued in April 2018.72 This is an important analysis because it
clearly shows the level of the federal government’s intervention in each areaof the energy system for a given fiscal year. In the past, EIA performed theanalysis pursuant to a request from Congress or the Administration. This
report should become a project that is performed annually or every otheryear as part of EIA’s base program.
Ensure the objectivity of the International Energy Outlook (IEO).
In the past, EIA published the IEO every year. It is now published every
two years. IEO forecasts are important because the International Energy
Agency’s forecasts in its annual World Energy Outlook are becoming
unrealistic and politically oriented to push Europe’s climate goals. EIA
forecasts should be based on current laws and regulations and should not be
used to promote favored policies.
Assess the case for privatization. There are some who think that EIA
should be privatized. The cost savings to taxpayers should be considered. On
the other hand, EIA has generally demonstrated neutral data presentationthat is helpful to policymakers and the private sector.

BudgetCongress appropriated $126.8 million for EIA in FY 2021, and the FY 2023
budget request is for approximately $144.5 million.73

OFFICE OF INTERNATIONAL AFFAIRS (IA)Mission/Overview“The Office of International Affairs has primary responsibility for addressing
international energy issues that have a direct impact on research, development,utilization, supply, and conservation of energy affecting the United States.”74 It“focuses on enhancing global energy security through countering malign influence,
diversifying supplies, and increasing energy access” and “is committed to increasing U.S. energy exports and trade to enhance growth.” 75
Needed ReformslExpand IA’s role and focus its activities on U.S. international energy
security interests. International energy activities should be consolidated
under IA (and the Department of State’s Bureau of Energy Resources
should be eliminated) to ensure a proper understanding of domestic energy— 388 —

Department of Energy and Related Commissions

policy and how it affects foreign policy, as well as the international energy
landscape and how it affects U.S. national and economic security.
llDevelop a strategy for identifying and accessing resources andadvancing U.S. economic interests. America has recently become anet energy exporter, but it still imports large amounts of essential energy
resources such as oil and natural gas as well as such materials as uranium(including yellowcake), lithium, certain rare earth minerals, and energy
generation and transmission components and technology. The UnitedStates needs a clear understanding of its global energy and economic
interests and a strategy for protecting them.
Oppose “climate reparations.” During the November 2022 United
Nations climate conference in Egypt, the Biden Administration and other“developed” countries agreed to provide “climate reparations” to developing
countries for the harm allegedly caused by the developed countries’
use of fossil fuel.76 A reparations slush fund administered by a non-U.S.
organization provides no assurance that U.S. interests will be protected andshould not be supported in any form.

New Policiesll

Identify U.S. energy security interests and promote American energy
dominance. To this end, IA should work closely with the DESAS Office of
Policy on the National Energy Security Strategy.

Strengthen the new DESAS vis-à-vis the Department of State. The
State Department’s Bureau of Energy Resources has generally excluded IAfrom serious discussions of international affairs to the detriment of DOE
and broader interagency policy development. In addition, DOE embassy
representatives are generally excluded from giving policy advice to seniordiplomats and are used merely as sources of information instead of being
active advocates for the Secretary’s priorities. The Secretary of Energy isa senior member of the President’s National Security Council and should
function as such. The DOE’s Deputy Secretaries, Under Secretaries, andAssistant Secretaries should be guaranteed representation at all Deputies
and Policy Coordination Committee meetings. In addition, senior politicaland career staff should hold positions on the NSC staff equivalent to theircounterparts at State, Defense, Treasury, and the Intelligence Community(IC). DESAS billets should replace State Department Bureau of Energy
Resources billets at the relevant posts worldwide.

— 389 —

Mandate for Leadership: The Conservative PromiselStop “climate reparations.” The President should refuse to provide
climate reparations under an unratified treaty, and IA should encourageother countries to reconsider their desire to provide reparations.

ARCTIC ENERGY OFFICE (AE)Mission/Overview

AE was established during the Trump Administration to create a central officeoverseeing U.S. Arctic interests in Alaska and the other Arctic nations in responseto the growing strategic sensitivity of this geographic region and the natural
resources it contains. It “serves as the principal advisor to the Under Secretaryon all domestic Arctic issues, including energy, science, and national security.”77

﻿

Needed Reforms

In October 2022, the Biden Administration released its National Strategy
for the Arctic Region.78 Although recognizing national security threats in the
Arctic, it also focuses heavily on climate change, sustainability, and international
cooperation. The United States must establish a strategic plan to promote its
national security, energy, and economic interests in the Arctic. An analysis andplan to support the responsible development of Alaska’s energy assets should
be a priority.
New PolicieslllDefend American interests in the Arctic Circle. The next
Administration needs to define American strategic and economic interestsin the Arctic Circle. AE should help to identify those interests, as well as
threats posed by countries like Russia and China, and develop appropriate
policy options for the President’s consideration.
Ensure that AE is clearly focused. In particular, this means identifying
U.S. energy interests in the Arctic Circle, identifying foreign governmentand commercial interests and activity in the region, and ensuring that
the United States does not forgo important energy and national security
interests in the Arctic.
Expand AE’s operations in Alaska. AE’s operations in Alaska should be
expanded to encompass broader national energy security interests in theregion including rare earths, oil, and natural gas. AE should also be the leadfor DOE Antarctic operations as a counter to growing Russian and Chineseinterest in Antarctic resources.

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Department of Energy and Related Commissions

Personnel

AE should provide a senior Arctic Energy official to the U.S. Arctic Council delegation in recognition of the key role that energy plays in Arctic development.
OFFICE OF INTELLIGENCE AND
COUNTERINTELLIGENCE (IAC)
Mission/Overview

DOE’s Office of Intelligence and Counterintelligence “is responsible for all intelligence and counterintelligence activities throughout the DOE complex, including
nearly thirty intelligence and counterintelligence offices nationwide.” It “leverage[s] the Energy Department’s unmatched scientific and technological expertisein support of policymakers as well as national security missions in defense, homeland security, cyber security, intelligence, and energy security” and “is a memberof the U.S. Intelligence Community.”79
Needed Reforms

Robust security protocols are necessary to protect DOE technology and innovations from foreign penetration and espionage. In addition, DOE’s general isolationfrom the rest of the Intelligence Community prevents appropriately cleared seniorstaff from getting the thorough issue briefings that their colleagues elsewhere in
the national security realm receive.
New PolicieslImprove accountability and utilization. IAC should be led by a qualified
appointee and report directly to the Secretary and Deputy Secretary. IAC
will require strong political leadership, which means finding an appointee
with an IC background. In addition, upgrading the new DESAS’s generalsecurity posture would require the Secretary’s direct intervention to
improve protocols and access the necessary resources from the rest of the
IC. This would not be achievable at a lower level.

OFFICE OF POLICY (OP)Mission/Overview

OP has taken various roles over different Administrations. During the Obama
Administration, OP was a large office and was tasked with drafting the Quadrennial
Energy Review (QER). The Trump Administration shut down the QER and gave
OP a leaner research and advisory role. Under the Biden DOE, OP appears to befocused on preparing reports on climate change and renewables.80— 391 —

Mandate for Leadership: The Conservative Promise

Needed ReformsllHelp to develop policy. Because the appointees running DOE’s various
program offices are properly focused on managing their programs, notenough thought is given to identifying future challenges and developing
potential solutions to benefit the American people.

Help to ensure that policies are properly implemented. Policy
initiatives from the Secretary are often understood or implemented
inconsistently by program offices. OP can help the Secretary to ensurethat important policy initiatives are implemented, particularly when they
involve multiple program offices.

New PolicieslDevelop a National Energy Security Strategy. OP could be tasked with
developing a National Energy Security Strategy for the Secretary. This strategy
could be prepared in conjunction with the White House National Security
Strategy and the DOD National Defense Strategy to convey these priorities
to Congress and design policy initiatives for their implementation. Such a
strategy could summarize cyber and physical threats to energy infrastructure,
challenges involved in obtaining rare earth minerals to support domesticenergy production and consumption, and foreign actions that threaten U.S.
energy security and dominance. However, it would be important to guard
against attempts to transform the strategy into a government-led industrial
policy or, in a progressive Administration, an economy-wide climate policy.

OFFICE OF TECHNOLOGY TRANSITIONS (OTT)
Mission/Overview

The Secretary of Energy authorized the creation of this office in 2015. Its mission “is to expand the public impact of the department’s research, development,
demonstration, and deployment (RDD&D) portfolio to advance the economic,
energy and national security interests of the nation.” OTT serves as “the front door
to U.S. Department of Energy’s…products, facilities and expertise” and “integrates‘market pull’ into its planning to ensure the greatest return on investment from
DOE’s RDD&D activities to the taxpayer.”81
Needed Reforms

OTT should ensure that the best emerging technologies from DOE and the
National Labs are properly supported and protected. Because America’s technological edge is a key national security asset, and in view of China’s predatory theftsof intellectual property, OTT should:— 392 —

Department of Energy and Related Commissionsll

Ensure that R&D funds are used for projects that protect andadvance that edge.
Ensure that successful advances, with a focus on new natural
resource development technologies, artificial intelligence,cybersecurity, and space, are transferred swiftly to Americaninterests in the private sector.

New Policiesll

Focus on benefits to Americans. OTT’s operations should be based on
the recognition that the new technologies generated by American taxpayers’
investment in DOE are a significant national security asset rather than someneutral scientific gift to humanity.

Increase oversight and coordination. OTT needs to be vigilant inoverseeing and coordinating OTT offices associated with each National
Lab. For security and economic espionage reasons, the work funded by theAmerican people needs to be protected, and when commercialized, it needs
to go to American businesses.

OFFICE OF SCIENCE (SC)Mission/Overview

The Office of Science (SC) supports and oversees research facilities and programs that cover basic science through its application to the demonstration anddeployment of energy technologies. SC oversees 10 of the 17 DOE National Labs
and 28 major federal research user facilities. Its mission is to preserve U.S. leadership in science, fund and perform basic research, and provide the scientific facilities
that the private sector is unable or unwilling to provide. New initiatives include
quantum information sciences and artificial intelligence. SC is led by a Senate-confirmed Director at the Assistant Secretary level and has eight program offices.82
Needed Reforms

The next conservative President should commit the United States to scientificdominance to support national and economic security, especially in light of similar
efforts by China. To aid in this effort, the Office of Science should:lReturn to its primary mission: nonpartisan and basic science. SC’s
mission should be international leadership in basic and early applied scienceand provision of world-leading facilities for this work. The Infrastructure
Investment and Jobs Act and Inflation Reduction Act mark the major— 393 —

Mandate for Leadership: The Conservative Promise

reorientation of DOE primarily from defense applications in the NNSA andbasic and early applied science across SC and the applied offices to a massive
federal research, development, demonstration, and commercialization body.83
Distraction from SC’s basic science mission should be prevented.
lIncrease the level of accountability. The National Laboratories need tobe more directly accountable to the Secretary of Energy and Congress fortheir work and management.

New PolicieslllCommit to U.S. science dominance. The United States is losing its
dominance in scientific discoveries and technological development. China
and other adversaries have been stealing American science and technology
for years and are now on the verge of dominating science—a development thatis fraught with negative strategic and economic implications for the UnitedStates. The next Administration must commit itself to ensuring that the U.S.
continues to dominate scientific discovery and technological advancement.

Refocus on mission and eliminate duplication and waste. The
Administration should work with Congress to rationalize the National Lab
network to meet specific national objectives (such as the NNSA laboratories’role in national defense) and conduct basic research that the private sector
would not otherwise conduct. Activities that duplicate those of othergovernment agencies or the private sector should be eliminated.
Properly manage the National Labs’ contributions to the private
sector. SC should improve private-sector access to the National Labs,
through programs like the GAIN voucher program and consistent withnational security considerations, while ensuring that the economic benefitsof taxpayer-funded technologies flow back to taxpayers through patentreview sharing or a revolving fund.

BudgetThe Office of Science was appropriated slightly more than $7 billion in FY 2021,
and DOE requested slightly less than $7.8 billion for FY 2023.84
OFFICE OF ENVIRONMENTAL MANAGEMENT (EM)Mission/Overview

The Office of Environmental Management’s mission is to “complete thesafe cleanup of [the] environmental legacy resulting from decades of nuclear— 394 —

Department of Energy and Related Commissions

weapons development and government-sponsored nuclear energy research.”85 Its
cleanup program is the world’s largest, and EM reports that 92 (of 107) sites havebeen completed.86
According to the U.S. Government Accountability Office, “DOE is responsible
for the largest share of the federal government’s environmental liability—about 85
percent in fiscal year 2020.”87 Since 2011, EM has spent a cumulative total of $63.2
billion, and its liability has grown by $243 billion.88 It is currently projected thatcleanup will take another 70 years (FY 2022 to FY 2091).89 Projected “Low Range”
and “High Range” lifecycle costs total slightly less than $652.4 billion and slightly
more than $887.2 billion, respectively.90
Needed Reforms

Some states (and contractors), see EM as a jobs program and have little interestin accelerating the cleanup. EM needs to move to an expeditious program withtargets for cleanup of sites. The Hanford site in Washington State is a particularchallenge. The Tri-Party Agreement (TPA) among DOE, the Environmental Protection Agency, and Washington State’s Department of Ecology has hampered
attempts to accelerate and innovate the cleanup. A central challenge at Hanford
is the classification of radioactive waste. High-Level Waste (HLW) and Low-Level
Waste (LLW) classifications drive the remediation and disposal process. Under
President Trump, significant changes in waste classification from HLW to LLW
enabled significant progress on remediation. Implementation needs to continue
across the complex, particularly at Hanford.
New Policies

The next Administration should:llAccelerate the cleanup. This means that a comprehensive cost projection
and schedule reflecting the entire scope of the job should be developed andappropriate reforms should be instituted. To save taxpayers a potential$500 billion over the long run and reduce current risk, a 10-year program
to complete all sites by 2035 (except Hanford with a target date of 2060)
should be considered. Such a commitment will require increased funding
for EM during those accelerated periods. To the extent that funding fromthe IIJA and IRA cannot be repealed, requests to divert those funds to EM’s
cleanup obligations should be considered.
Fully implement High-Level Waste determination. Fully adopting
the High-Level Waste (HLW) determination across the DOE complex,
particularly at Hanford, would allow LLW to be grouted rather than vitrified.

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Mandate for Leadership: The Conservative Promise

l

l

l

l

Increase the use of commercial waste disposal. Using commercial
disposal would reduce capital costs (~ $2 billion) for new disposal sites toaccelerate cleanup and reduce local post-cleanup environmental liability at
multiple sites.
Revisit the Hanford cleanup’s regulatory framework. Hanford posessignificant political and legal challenges with the State of Washington, and
DOE will have to work with Congress to make progress in accelerating
cleanup at that site. DOE and EPA need to work more closely to coordinate
their responses to claims made under the TPA and work more aggressively
for changes, including congressional action if necessary, to achieve workablecleanup goals.
Establish more direct leadership and accountability to the Deputy
Secretary consistent with Government Accountability Officerecommendations.91
Change Environmental Management’s culture to promote innovationand completion.

BudgetEnvironmental Management received slightly less than $7.6 billion in FY 2021,
and its budget request for FY 2023 is approximately $8.06 billion.92 The additional
funding necessary to accelerate closure of the program will need to be consideredas part of a broader government-wide discussion about yearly appropriations.
OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT (OCRWM)(CURRENTLY OFFICE OF SPENT FUEL AND WASTE DISPOSITION)
Mission/Overview

The Nuclear Waste Policy Act (NWPA) of 1982 conferred the responsibility
for commercial nuclear waste disposal on the federal government,93 and in 2002,
Congress designated a single repository located at Yucca Mountain in Nevada as
the national repository site. The act also established the Office of Civilian Radioactive Waste Management (OCRWM).94 The Obama Administration shut down
OCRWM in 2010. The Office of Spent Fuel and Waste Disposition, which is headed
by a non-confirmed Deputy Assistant Secretary in the Office of Nuclear Energy, iscurrently responsible for the management of nuclear waste, and interim disposal
is taking place on various sites. Providing a plan for the proper disposal of civilian
nuclear waste is essential to the promotion of nuclear power in the United States.

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Department of Energy and Related Commissions

Needed ReformslllWork with the Nuclear Regulatory Commission as it reviews DOE’s
permit application for Yucca Mountain. According to both the scientificcommunity and global experience, deep geologic storage is critical to any
plan for the proper disposal of more than 75 years of defense waste and80,000 tons of commercial spent nuclear fuel.95 Yucca Mountain remains a
viable option for waste management, and DOE should recommit to working
with the Nuclear Regulatory Commission as it reviews DOE’s permit
application for a repository. Finishing the review does not mean that Yucca
Mountain will be completed and operational; it merely presents all theinformation for the State of Nevada, Congress, the nuclear industry, and theAdministration to use as the basis for informed decisions.
Reform the licensing process. The reactor licensing process is inadequate.
Fixing nuclear waste management will require wholesale reform thatrealigns responsibilities, resets incentives, and introduces market forces
without creating chaos within the current nuclear industry that has been
built around the current system.
Produce concrete outcomes from consent-based siting. Beginning in
the Obama Administration and resurrected during the Biden Administration,consent-based siting for a civilian waste nuclear repository has been a way
to delay any politically painful decisions about siting a permanent civilian
nuclear waste facility. In 2022, DOE announced $16 million to support local
communities in consent-based siting.96 The next Administration should
use the consent-based-siting process to identify and build temporary or
permanent sites for a civilian waste nuclear repository (or repositories).

New Policiesll

Restart Yucca Mountain licensing. DOE should restart the Yucca
Mountain licensing process. Any continuation of interim storage facilities
should be made part of an integrated waste management system that
includes geologic storage. Further, building on the consent-based siting
process already underway, DOE should find a second repository site.

Fix the policy and cost drivers that are preventing nuclear storage.
The federal government continues to hold $46 billion97 in the Nuclear
Waste Fund (NWF),98 funded by utilities and their ratepayers for permanent
disposal of nuclear waste. However, no such storage exists, and spent
nuclear fuel remains on site at most nuclear plants. Meanwhile, Congress
uses those funds to finance unrelated spending. Moreover, DOE’s— 397 —

Mandate for Leadership: The Conservative Promise

violation of its contractual obligation to take the waste has resulted in thepayment of “approximately $10.1 billion in settlements and judgments tocontract holders.”99lllDevelop new NWF funding and accounting mechanisms that allow
licensed nuclear operators to guarantee resources for future nuclear
waste disposal while also maintaining control of those resources.
Reconstitute OCRWM. OCRWM, as already established by statute, should
be tasked with developing the next steps on Yucca Mountain and nuclear
waste management. These steps should include initiating market reforms,
including significant amendments to the NWPA, to allow additional
industry responsibility for managing waste, market pricing and competition
for waste services, and the opportunity for Nevadans to have morepartnership involvement with any nuclear facility at Yucca Mountain.
Reestablish, consistent with the Nuclear Waste Policy Act,the position of Director of the Office of Civilian Radioactive
Waste Management.

BudgetWithin the Office of Nuclear Energy budget, approximately $100 million is set
aside for fuel cycle and waste management activities.100 These funds should betransferred to the newly established OCRWM, which should also be responsible
for managing the Nuclear Waste Fund and given access to the fund as necessary
to carry out its responsibilities.
NATIONAL NUCLEAR SECURITY ADMINISTRATION (NNSA)
Mission/Overview

NNSA’s primary mission is to provide and maintain a modern, safe, and effective
nuclear deterrent for the United States. This includes the design and production of
nuclear warheads, their integration with delivery systems, and their safe storage
and decommissioning. NNSA’s responsibilities also include developing nuclear
reactors for the U.S. Navy and “work[ing] to prevent nuclear weapon proliferation
and reduce the threat of nuclear and radiological terrorism around the world.”101
NNSA was established by the NNSA Act, which also defines its authority.102
Needed Reforms

The United States, through the NNSA, needs to make the design, development,
and deployment of new nuclear warheads a top priority. Existing warheads were

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Department of Energy and Related Commissions

designed and built during the Cold War, and the U.S. lacks sufficient plutonium
production capabilities.103 Because this process will take time, NNSA and the
NNSA Labs need to ensure that existing nuclear warheads are viable and provide
an appropriate strategic deterrent.
New Policies

The expansion of Chinese nuclear forces, the continued nuclear threat
from Russia, and active nuclear programs in North Korea, Iran, and elsewhererequire NNSA’s recommitment to the nuclear mission. A conservative Administration should:
l

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Continue to develop new warheads for each branch of the triad (land,sea, and air defenses). If possible, reverse the Biden Administration’s
decision to retire the B83 bomb (in order to maintain two aircraft-delivered
warheads) and its decision to cancel the submarine-launched cruise
missile (SLCM).104 Also undertake an evaluation of the need for nuclear
antisubmarine and air defense weapons in light of emerging threats.
Maintain two production sites for plutonium pits (a key element of
warhead production) at Los Alamos and Savannah River.105
Reject ratification of the Comprehensive Test Ban Treaty andindicate a willingness to conduct nuclear tests in response to
adversary nuclear developments if necessary. This will requirethat NNSA be directed to move to immediate test readiness to give theAdministration maximum flexibility in responding to adversary actions.
Review all new Navy, Department of Homeland Security, andU.S. Department of Transportation Maritime Administration
construction programs. The review should be conducted by the Directorof Naval Reactors (DNR) with an eye to the possible inclusion of advanced
affordable nuclear reactor technology and extension of DNR authority overthese agencies’ nuclear construction programs.
Review the non–national security portfolios at the Los Alamos,
Lawrence Livermore, and Sandia labs and identify divestments tofocus on nuclear deterrence. Los Alamos, Lawrence Livermore, andSandia provide unique capabilities for nuclear deterrence, and eachlab maintains extensive non–national security research programs andcommercial activities.

— 399 —

Mandate for Leadership: The Conservative PromiselReview the operations of the Nuclear Weapons Council (NWC). The
statutorily established NWC is required to report to the President andCongress but needs to refocus its efforts on providing comprehensive
oversight of DOE and DOD nuclear weapons policy and requirements.

BudgetConcurrent modernization of the nuclear triad and its warheads will be a major
challenge to the DOD and DOE budgets over the coming decade. DOE non-nuclear
programs should be the first source of additional resources for NNSA activities.
Divestment of non-nuclear activities from NNSA laboratories can address someoverhead and operational costs. NNSA received $19.7 billion in 2021, and its FY
2023 budget request was $21.4 billion.106 The next Administration should ensurethat funding is targeted to the accelerated development of new warheads.
Personnel

NNSA has tended to act as though it is not part of DOE and has resisted oversightby the Secretary of Energy. The NNSA Act grants some autonomy to the NNSA, but
it also makes it clear that NNSA is under the authority of the Secretary. NNSA’sleaders need to understand that ultimately, they report to the Secretary.
FERC: ELECTRIC RELIABILITY AND RESILIENCE
Mission/Overview

The Federal Power Act tasks FERC, along with the FERC-designated North
American Electric Reliability Corporation (NERC), with promoting the reliabilityof the bulk power system (the transmission and generation needed to power theelectric grid).107 NERC develops technical standards, and FERC adopts them as
mandatory standards (including cyber security standards) with which transmission providers, generators, and utilities must comply. Under the Federal Power
Act, critical electric infrastructure security and issues like electromagnetic pulse(EMP) are addressed by both FERC and DOE.108 In addition, the Infrastructure
Investment and Jobs Act directed FERC to establish incentive-based rate treatments by encouraging utilities to invest in advanced cyber security technology andparticipate in cyber security threat information-sharing programs.
Needed Reforms

There is a growing problem with the electric grid’s reliability because of theincreasing growth of subsidized intermittent renewable generation (like wind andsolar) and a lack of dispatchable generation (for example, power plants poweredby natural gas, nuclear, and coal), especially during hot and cold weather.109 FERC
and NERC have been studying the potential for generation shortages across the— 400 —

Department of Energy and Related Commissions

nation in the summer110 and winter.111 Cyber and physical attacks also threaten thegrid. Specific areas for reform include the following:
l

l

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l

Limit the impact of subsidized renewables on price formation.
Subsidized renewable resources are undermining electric reliability in
RTOs. The increase in subsidized, intermittent resources is undermining
the ability of RTOs’ pricing models to support the reliable dispatchable
generation that is needed to serve the grid at all times.112
Reform the application of reserve margins. Reserve margins havebecome largely meaningless. Traditionally, the electric industry has
used “reserve margins” to ensure that the grid has enough power plants
to guarantee reliability. Generally, reserve margins represent the amountof generation available (power plants) to meet peak electric demand (thetime of day and year when people are using the most electricity) plus apercentage of additional generation for backup.113 However, given theincreasing number of intermittent resources (like solar, which may beavailable during the heat of the day but disappears as the sun sets), otherdispatchable generation needs to be available to meet customers’ electricity
requirements. Therefore, the definitions and calculations of reserve
margins and peak load need to be updated to focus on the modern grid’s
reliability challenges for all times of the day and year.
Recognize the interdependence of electric generation and naturalgas. The interdependence of electric generation and natural gas pipelines
continues to grow. Given natural gas’s important role in generating
electricity, especially as backup when renewables are not available, lack ofnatural gas pipelines or attacks on existing pipelines could threaten ourability to generate electricity.
Expand resource diversity and reliability. Resource diversity is needed
to support grid reliability. Pressure to use 100 percent renewables or non–carbon emitting resources threatens the electric grid’s reliability. A grid thathas access to dispatchable resources such as coal, nuclear, and natural gas
for generating power is inherently more reliable and resilient.
Protect against cyber and physical attacks. The threat of cyber andphysical attacks on electric infrastructure by foreign actors like China,
Russia, North Korea, and Iran, as well as terrorists, continues to grow. The
attacks with guns on substations in North Carolina in December 2022 thatleft customers without power demonstrate the grid’s vulnerability.114— 401 —

Mandate for Leadership: The Conservative Promise

New Policies
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Reform RTOs to require reliability. FERC should direct RTOs toestablish reliability pricing for eligible dispatchable generation resourcesor require intermittent resources to procure backup power for times when
they are not available to operate. In addition, Congress should repeal
subsidies for generation resources.

Update the definition and calculation of reserve margins to support
reliability. FERC, NERC, and DOE should revise the definition of reserve
margins to ensure the grid’s reliability throughout the day and the year. This
will mean recognizing that reserve margins may need to consider “net peak”
and exclude non-dispatchable resources from inclusion in reserve margin
calculations.
Expand and protect natural gas infrastructure in support of electric
generation. FERC needs to ensure that its consideration of natural gas
pipeline applications recognizes the role that natural gas plays in electricreliability. FERC also needs to make sure that RTO pricing mechanisms
support generators that need to contract for natural gas service ona firm basis.
Support resource diversity and reliability. FERC, NERC, and DOE play
key roles in balancing consumer, industrial, and national defense interests
to ensure an ongoing reliable, plentiful, and accessible national electricity
supply. NERC reliability reviews and FERC’s reliability roles should beaware that overreliance on any one power generation fuel source entails
concurrent cost and availability risk. FERC should reform market rules thatunduly discriminate against dispatchable resources needed for reliability.
Strengthen security against cyber and physical threats. FERC and
NERC need to enhance the security of the bulk power system by, forexample, banning Chinese-made components, investing in transformers,
and hardening substations and other critical infrastructure. DOE shouldplay a leading role in identifying and addressing threats to the grid.

FERC: RTOS/ISOS AND “ELECTRIC POWER MARKETS”
Mission/Overview

For more than 20 years, FERC has issued regulations and directed policies forthe creation and operation of regional transmission organizations (RTOs) andindependent system operators (ISOs) to manage the dispatch of generation and— 402 —

Department of Energy and Related Commissions

transmission of electricity.115 Under the misnomer “electric power markets,” theseregulatory constructs use marginal price clearing auctions (in some cases bothhourly day-ahead auctions and five-minute day-of-need auctions) and locational
marginal pricing to procure electric generation and set prices to meet the needs ofthe grid. Some RTOs also have capacity auctions. Of the nation’s seven RTOs, six
are subject to FERC jurisdiction (but not ERCOT in Texas). Areas without an RTO
include the Southeast and portions of the West (although California is in an RTO).
Needed Reforms

Too many conservatives have assumed that because RTOs are described as“electric power markets,” market forces of supply and demand set electric prices
and benefit customers. RTOs are complex regulatory constructs (with rules set
by FERC) that obscure government interference and preferences for preferredresources. Furthermore, government preferences and subsidies for resources likewind and solar distort price formation for electricity that is undermining the reliability of the grid. Finally, customers are not seeing the full economic benefits that
non-fuel, subsidized resources should provide. Additionally:lllElectric reliability is threatened in many RTOs. As subsidized
renewables (like wind and solar receiving tax credits) and state renewable
portfolio standards (RPS) programs have disrupted market functions, pricedistortions have driven out reliable, dispatchable resources like coal, naturalgas, and nuclear generation in various RTOs. The result: Electric reliability
is decreasing in many parts of the country.116 As noted, FERC and NERC
have been studying the potential for summer and winter shortages.117
RTOs are not providing the full economic benefits of renewables tocustomers. Because RTOs use marginal price auctions where natural gas
usually sets the clearing price paid to all generators, the economic benefitsof renewables (no fuel, tax credits, etc.) are flowing mainly to renewables
investors and not to customers (although customers do benefit from somedecrease in marginal costs). Yet reliability is decreasing, so customers are
getting the worst of both worlds, paying more for electricity and having lessreliability for the money.
Big Green and Big Tech want RTO expansion. Renewable developers,
large industrial users, and Big Tech tend to want RTO expansion for theirown economic and ESG reasons. These entities can benefit economicallyfrom the complexity and marginal pricing regime of the RTOs. Increased
costs and reliability problems are often shifted to other customers.

— 403 —

Mandate for Leadership: The Conservative PromiselUnlike vertically integrated utilities that are accountable to stateelected officials and state public utility commissions, RTOs andtheir participants are accountable only to FERC. Even then, however,accountability is indirect through the tariffs (rules) that the RTOs adopt and
FERC approves. In addition, unlike utilities, generators in an RTO have no
obligation to serve customers.

New Policies

FERC must make reliability of the grid and service to end use top priorities. To
do so, it should:llReexamine the premise of RTOs. RTOs no longer seem to work for the
benefit of the American people. Marginal price auctions for energy are notensuring the reliability of the grid and are not passing the full economic
benefits of subsidized renewables on to customers. FERC needs toreexamine the RTOs under its jurisdiction to make sure that they procure
reliable and affordable electricity for the benefit of the American people.
Ensure that RTOs return to market fundamentals so that they serve
customers, not special interests and political causes. FERC should
require RTOs to ensure that reliable, dispatchable resources are properly
valued to provide electricity when needed for the benefit of customers.
Potential reforms could include:
1.

Requiring renewable generators to provide intra-day backup by
dispatchable on-demand generation so that bids by intermittent
resources into RTOs equate fairly with far more valuable on-demanddispatchable resources;

2. Creating dual energy markets for dispatchable and nondispatchable
resources; or
3. Eliminating capacity markets where intermittent resources participate
and instead establishing “reliability” markets where dispatchable
on-demand resources participate.
Alternatives to marginal price auctions also should be considered.
lDirect the RTOs to ensure that the economic benefits of renewables(like tax credits and no fuel costs) are passed on to customers.

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Department of Energy and Related Commissionsll

End undue discrimination that allows subsidized resources to distortprice formation in RTOs.
Affirm its commitment that states will decide whether to join
an RTO instead of imposing RTOs on regions that do not wantthem. FERC should also consider allowing states to enter into non-RTO
power pools with alternative structures for the sharing of resources andelectric generation.

FERC: ELECTRIC TRANSMISSION
Mission/Overview

Under the Federal Power Act, FERC has the authority to regulate the rates,
terms, and conditions of interstate electric transmission. (Pursuant to court cases,
interstate transmission can be entirely within a state, although the part of Texas
served by ERCOT is not under FERC transmission jurisdiction.)
Needed Reforms

FERC has been considering how to plan for and allocate costs for new transmission lines and how new generation resources will be interconnected to thetransmission grid. (Transmission expansion and replacement decisions are usually made by local utilities or by an RTO or regional planning entity). Throughtwo major rulemakings,118 FERC is attempting to facilitate the building of more
long-range transmission lines and to socialize more of the costs of transmissionbuildouts to more customers in order to make it cheaper for renewable developers (primarily) to interconnect to the grid and sell their power. Socializing suchcosts is a form of subsidy for generators and will cause further price distortionsin RTOs and ISOs that will make it less economical for reliable, dispatchable
resources like coal, nuclear, and natural gas to stay operational and support
reliability.119
Also, under the Infrastructure Investment and Jobs Act, DOE and FERC are
granted authority to site and permit high-priority transmission lines as National
Interest Electric Transmission Corridors (NIETCs). The Inflation Reduction Act
provides funding to DOE to support transmission expansion.120 These initiatives
will undermine state input and decision-making. FERC will consider rules on how
NIETC transmission applications are to be made.
New Policies

FERC should either change course on its existing transmission rulemakings (ifstill in progress) or issue a new rulemaking to:— 405 —

Mandate for Leadership: The Conservative Promise

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Ensure that transmission planning and interconnection processes
are resource neutral.
Prevent socializing costs for customers who do not benefit from the
projects or justifying such cost shifts as advancing vague “societal
benefits” such as climate change.
Stop cost allocation from becoming a subsidy for generators, suchas renewables.

With respect to NIETCs, FERC and the new DESAS should ensure that stateinterests are respected and not allow such NEITC transmission lines to be developed as a mere subsidy to renewable developers. Furthermore, much of thetransmission buildout (including its attendant costs) is being driven by renewable
developers seeking market share. These projects are causing rates for customers
to go up and hurting reliability. FERC needs to ensure that transmission buildouts
are planned for the benefit of customers.
FERC: NATURAL GAS PIPELINES
Mission/Overview

FERC permits, sites, and authorizes the construction and operation of interstate natural gas pipelines.121 It also regulates the rates for the shipping of natural
gas122 (but not the price of the natural gas commodity, which is market based).
FERC is charged with ensuring that natural gas pipelines are approved if they are
required by the “public convenience and necessity.”123 Pipeline permitting is subject to environmental reviews under NEPA, and the rate for the pipeline and theshipping of the commodity is set by FERC under a just and reasonable standard.
Once FERC approves a project, the holder of the certificate has the sovereign’s
power of eminent domain.
Needed Reforms

Natural gas pipelines are vital for the economy, manufacturing, heating, andelectric generation. Opposition from “Keep it in the ground” environmentalists
has made it harder to gain approvals for natural gas pipelines. Under Democrat
leadership, FERC has proposed official policies to consider upstream and downstream GHG emissions from the use of the natural gas that would be shipped in
the pipeline to be part of FERC’s public-interest determination when deciding
whether to approve a pipeline. There is conflicting direction from the D.C. Circuiton the GHG issue, which also could be seen as a “major questions” issue under the
U.S. Supreme Court’s West Virginia v. EPA decision.124— 406 —

Department of Energy and Related Commissions

New Policies

FERC should:

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Recommit itself to the NGA’s purpose of providing the American
people with access to affordable and reliable natural gas.
Limit its NGA decision-making on natural gas pipeline certificates tothe question of whether there is a need for the natural gas.
Limit its NEPA analysis to the impacts of the actual pipeline itself,
not indirect upstream and downstream effects.

In addition, Congress, the states, and FERC should consider how better to protect and compensate property owners whose property is taken for the benefit of the
public. FERC also needs to be mindful that natural gas pipelines and projects areimportant for domestic access to natural gas, including local natural gas utilities,
natural gas–fired electric generation, and manufacturing, as well as for exports ofliquefied natural gas.
FERC: LNG EXPORT FACILITIESMission/Overview

FERC permits, sites, and authorizes the construction and operation of LNG
export facilities.125 It does not authorize the export of natural gas; DOE exercisesthat authority. LNG export facilities are important for delivering natural gas tomarkets around the world and have become an important policy tool in limiting
the ability of Russia and Middle Eastern countries to use energy as a tool in foreign affairs.
Needed Reforms

LNG exports are opposed by climate activists. In addition, some domestic manufacturers argue that LNG exports decrease available U.S. supplies of natural gas
and increase the domestic price, thereby harming the competitive advantages of
U.S. manufacturers in world markets.
Currently, most LNG export facilities are along the Gulf of Mexico in Texas andLouisiana.126 Attempts to build facilities on the west coast (Jordan Cove LNG127)
and the east coast have not moved forward for a variety of reasons; delays andcosts of litigation can cause developers to cancel projects. An Alaska facility wasapproved by FERC in 2020, and the Biden Administration has indicated its support.128 An east coast facility in Pennsylvania (or nearby) would unlock Marcellus
shale natural gas for export.

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Mandate for Leadership: The Conservative Promise

FERC is considering policy statements that would consider GHG emissions aspart of its NEPA review and its NGA determination as to whether approval of an
LNG export facility is consistent with the public interest.
New Policies

Since Congress through the NGA has already determined that LNG exports tocountries with free trade agreements are in the public interest,129 and because LNG
exports help to ensure America’s ability to support our friends and allies aroundthe world while also supporting domestic natural gas production, FERC:ll

Should not use environmental issues like climate change as a reason
to stop LNG projects.
Should ensure that the natural gas pipelines that are needed deliver
more of the product to market, both for domestic use and export, andare reviewed, developed and constructed in a timely manner.

NUCLEAR REGULATORY COMMISSION
Mission/Overview

The Energy Reorganization Act of 1974130 created the Nuclear Regulatory Commission (NRC). Before then, the commercial nuclear industry was regulated by
the Atomic Energy Commission (AEC), which was established by the 1954 Atomic
Energy Act.131 Importantly, the AEC was responsible for encouraging and regulating commercial nuclear power. Broad criticism of this dual function was a major
factor in the establishment of the NRC, which held regulatory authority while the
newly established Department of Energy held the advocacy function. Today, the
NRC is responsible for a broad range of regulatory activities, including reactor
safety, oversight of nuclear materials, and protection against radiation as well as
permitting new reactors, certifying new reactor designs, and regulating nuclear
waste management activities.
Needed Reforms

In 1989, the NRC established alternative licensing processes that were meant toprovide a more predictable and efficient regulatory pathway for new Light Water
Reactors (LWRs) by combining construction and operating nuclear power plant
licenses, allowing for Early Site Permits, and establishing a framework for preapproval of reactor designs. More recently, the Nuclear Energy Innovation andModernization Act directed the NRC to establish a technology-neutral licensing
process for new, advanced reactor technologies.132 Despite these efforts, the NRC
remains a significant cost and regulatory barrier to new nuclear power. Especially— 408 —

Department of Energy and Related Commissions

frustrating is that these costs to a large extent are due to the agencies being overly
prescriptive rather than outcomes-focused and fall on well-known and understood
LWR reactor technologies.
New Policies

While refocusing its regulatory efforts on new reactor technologies, the NRC
should also continue to ensure the security of radiological sources and mitigate
cybersecurity risks across the industry. Applications for Combined Operating
Licenses (COLs) and design certifications that rely on light-water technology
should generally be completed within two years. Early Site Permits should generally be issued within one year for construction on or adjacent to an existing reactor
site. Additionally, the NRC should:lllExpedite the review and approval of license extensions of existing
reactors, which will require the NRC to streamline and focus its
NEPA review process.
Set clear radiation exposure and protection standards by eliminating
ALARA (“as low as reasonably achievable”) as a regulatory principle
and setting clear standards according to radiological risk and dose
rather than arbitrary objectives.
Work with Congress to reform its funding approach so that licensee
fees are generally required for activities that are specific to aregulated entity, with other agency costs being provided throughnormal appropriations.

BudgetIn FY 2022, the NRC was required to recover approximately 85 percent of its$887.7 million budget through licensee fees.133 The Nuclear Energy Innovationand Modernization Act requires the NRC to recover nearly all of its costs throughfees. These reforms would likely not cost additional money but could rebalance
the fee-versus-appropriations calculation.

AUTHOR’S NOTE: The preparation of this chapter was the work of many individuals. All contributors to thischapter are listed at the front of this volume, but I wish to give special thanks to Brent Bennett, Willis Bixby, Travis
Fisher, Ben Lieberman, Brian McCormack, Tom Pyle, Mark Robeck, Daniel Simmons, Jack Spencer, Katie Tubb, andDavid Walsh. Though informed by many, the author alone assumes responsibility for the content of this chapter,and no views expressed herein should be attributed to any particular individual.

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Mandate for Leadership: The Conservative Promise
ENDNOTES

1.

2.

3.
4.
5.
6.

7.

8.
9.
10.
11.

12.

13.

14.

15.

16.

17.
18.

Sean Michael Kerner, “Colonial Pipeline Hack Explained: Everything You Need to Know,” TechTarget, April, 26,
2022, https://www.techtarget.com/whatis/feature/Colonial-Pipeline-hack-explained-Everything-you-need-toknow (accessed February 13, 2023).
Jacob Knutson, “N.C. Power Company: Substation Repairs Complete After Alleged Attack,” Axios, December
7, 2022, https://www.axios.com/2022/12/07/duke-energy-moore-county-substation-attack (accessed
February 13, 2023).
H.R. 3684, Infrastructure Investment and Jobs Act, Public Law No. 117-58, 117th Congress, November 15, 2021,
https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed February 13, 2023).
H.R. 5376, Inflation Reduction Act of 2022, Public Law No. 117-169, August 16, 2022, https://www.congress.
gov/117/plaws/publ169/PLAW-117publ169.pdf (accessed February 13, 2023).
S. 826, Department of Energy Organization Act, Public Law 95-91, 95th Congress, August 4, 1977, https://www.
congress.gov/95/statute/STATUTE-91/STATUTE-91-Pg565.pdf (accessed February 13, 2023).
DOE also promotes domestic energy security by providing research and coordination between government
and the private sector on physical and cyber-related threats to energy security. This work should continue andbe enhanced under the next Administration.
Elimination of OE, NE, FE, and EERE might also be considered; however, there are benefits from having
political appointees run separate offices. Specifically, separate program offices can focus on threats that are
unique to their energy areas, and having political appointees run separate offices helps to ensure focused,
unobstructed pursuit of policy objectives.
H.R. 6586, Natural Gas Act, Public Law No. 75-688, 75th Congress, June 21, 1938, https://govtrackus.
s3.amazonaws.com/legislink/pdf/stat/52/STATUTE-52-Pg821a.pdf (accessed February 24, 2023).
U.S. Department of Energy, “Promoting Energy Justice,” https://www.energy.gov/promoting-energy-justice(accessed February 13, 2023).
U.S. Department of Energy, Office of Economic Impact and Diversity, “Justice40 Initiative,” https://www.
energy.gov/diversity/justice40-initiative (accessed February 13, 2023).
Press release, “DOE Releases First-Ever Plan to Advance Diversity, Equity, Inclusion and Accessibility,” U.S.
Department of Energy, September 1, 2022, https://www.energy.gov/articles/doe-releases-first-ever-planadvance-diversity-equity-inclusion-and-accessibility (accessed February 14, 2023).
Including the National Aeronautics and Space Administration, National Science Foundation, Defense
Advanced Research Projects Agency, Department of Homeland Security Science and Technology Directorate,
National Oceanic and Atmospheric Administration, etc.
Table, “Environmental Management: Lifecycle Cost by Project Baseline Summary (PBS) ($M),” in U.S.
Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional Budget
Request, Volume 6, Environmental Management, April 2022, p. 53, https://www.energy.gov/sites/default/
files/2022-09/doe-fy2023-budget-volume-6-em-v3.pd (accessed February 13, 2023).
KPMG, “Independent Auditor’s Report, United States Department of Energy Nuclear Waste Fund Annual
Financial Report as of and for the Years Ended September 30, 2022 and 2021,” November 8, 2022, p. 8, in U.S.
Department of Energy, Office of Inspector General, Office of Cyber Assessments and Data Analytics, Audit
Report: The Department of Energy Nuclear Waste Fund’s Fiscal Year 2022 Financial Statement Audit, DOEOIG-23-05, November 2022, p. 10, https://www.energy.gov/sites/default/files/2022-11/DOE-OIG-23-05.pdf(accessed February 13, 2023).
See Patty-Jane Geller, “U.S. Nuclear Weapons,” in 2023 Index of U.S. Military Strength, ed. Dakota L. Wood
(Washington: The Heritage Foundation, 2023), pp. 481–506, http://thf_media.s3.amazonaws.com/2022/
Military_Index/2023_IndexOfUSMilitaryStrength.pdf.
U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, March 2022, pp. 9, 21, 23, and 43, https://www.energy.gov/sites/default/
files/2022-03/doe-fy2023-budget-in-brief-v2.pdf (accessed February 13, 2023).
H.R. 4346, CHIPS and Science Act, Public Law No. 117-167, 117th Congress, August 9, 2022, https://www.
congress.gov/117/plaws/publ167/PLAW-117publ167.pdf (accessed February 13, 2023).
U.S. Department of Energy, Office of Cybersecurity, Energy Security, and Emergency Response, “About Us,”
https://www.energy.gov/ceser/ceser-mission (accessed February 27, 2023).

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Department of Energy and Related Commissions
19. President Donald J. Trump, Executive Order 13920, “Securing the United States Bulk-Power System,” May 1,
2020, in Federal Register, Vol. 85, No. 86 (May 4, 2020), pp. 26595–26599, https://www.govinfo.gov/content/
pkg/FR-2020-05-04/pdf/2020-09695.pdf (accessed February 13, 2023).
20. 18 U.S. Code § 824a(c), https://www.law.cornell.edu/uscode/text/16/824a (accessed February 27, 2023).
21. Report No. 117-98, Energy and Water Development and Related Agencies Appropriations Bill, 2022,
Committee on Appropriations, U.S. House of Representatives, 117th Cong. 1st Sess., July 20, 2021, p. 6, https://www.congress.gov/117/crpt/hrpt98/CRPT-117hrpt98.pdf (accessed February 13, 2023).
22. H.R. 3684, Infrastructure Investment and Jobs Act, Public Law No. 11-58, 117th Congress, November 15, 2021,
Division J, Title III.
23. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, p. 7.
24. Timothy Gardner, “White House Asks Congress for $500 mln to Modernize Oil Reserve,” Reuters, November 16,
2022, https://www.reuters.com/article/usa-oil-spr-idAFL1N32C36I (accessed February 13, 2023).
25. U.S. Department of Energy, Office of Electricity, “Our History,” https://www.energy.gov/oe/about-us/ourhistory (accessed February 13, 2023).
26. Press release, “Secretary of Energy Signs Order to Mitigate Security Risks to the Nation’s Electric Grid,” U.S.
Department of Energy, December 17, 2021, https://www.energy.gov/articles/secretary-energy-signs-ordermitigate-security-risks-nations-electric-grid (accessed February 13, 2023).
27. U.S. Department of Energy, Office of Electricity, “Revocation of Prohibition Order Securing Critical Defense
Facilities,” Federal Register, Vol. 86, No. 76 (April 22, 2021), pp. 21308–21309, https://www.govinfo.gov/
content/pkg/FR-2021-04-22/pdf/2021-08483.pdf (accessed February 13, 2023).
28. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, pp. 19 and 61.
29. U.S. Department of Energy, Office of Nuclear Energy, “About Us,” https://www.energy.gov/ne/about-us(accessed February 13, 2023).
30. H.R. 3809, Nuclear Waste Policy Act of 1982, Public Law No. 97-425, 97th Congress, January 7, 1983, https://www.congress.gov/97/statute/STATUTE-96/STATUTE-96-Pg2201.pdf (accessed February 24, 2023).
31. The Heritage Foundation, “Budget Blueprint for Fiscal Year 2023: Reduce the DOE Office of Nuclear Energy,”
https://www.heritage.org/budget/pages/recommendations/1.270.127.html.
32. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, pp. 23 and 58.
33. 42 USC § 16291, https://www.law.cornell.edu/uscode/text/42/16291 (accessed February 27, 2023).
34. U.S. Department of Energy, Office of Fossil Energy and Carbon Management, “About Us: Mission,” https://www.energy.gov/fecm/mission (accessed February 13, 2023).
35. U.S. Government Accountability Office, Carbon Capture and Storage: Actions Needed to Improve DOE
Management of Demonstration Projects, GAO-22-105111, December2021, https://www.gao.gov/assets/gao-22105111.pdf (accessed February 13, 2023).
36. International Energy Agency, The Role of Critical Minerals in Clean Energy Transitions, World Energy Outlook
Special Report, revised March 2022, https://iea.blob.core.windows.net/assets/ffd2a83b-8c30-4e9d-980a52b6d9a86fdc/TheRoleofCriticalMineralsinCleanEnergyTransitions.pdf (accessed February 13, 2023).
37. See 42 U.S. Code § 16291.
38. 42 U.S. Code Ch. 55, §§ 4321–4347, https://www.law.cornell.edu/uscode/text/42/chapter-55 (accessed
February 27, 2023).
39. Nuclear Regulatory Commission, “Categorical Exclusions from Environmental Review,” Advance Notice of
Proposed Rulemaking; Request for Comment, Federal Register, Vol. 86, No. 87 (May 7, 2021), pp. 24514–24516,
https://www.govinfo.gov/content/pkg/FR-2021-05-07/pdf/2021-09675.pdf (accessed February 27, 2023), andNuclear Regulatory Commission, “Categorical Exclusions from Environmental Review,” Advance Notice of
Proposed Rulemaking; Reopening of Comment Period, Federal Register, Vol. 86, No. 160 (August 23, 2021),
pp. 47032–47033, https://www.govinfo.gov/content/pkg/FR-2021-08-23/pdf/2021-18058.pdf (accessed
February 27, 2023).
40. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, pp. 19, 21, 23, and 52.

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Mandate for Leadership: The Conservative Promise
41. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, pp. 3, 6, 12, 19, 21, and 23.
42. S. 622, Energy Policy and Conservation Act, Public Law 94-163, 94th Congress, December 22, 1975, https://www.congress.gov/94/statute/STATUTE-89/STATUTE-89-Pg871.pdf (accessed February 27, 2023).
43. H.R. 6, Energy Policy Act of 2005, Public Law No. 109-58, 109th Congress, August 8, 2005, https://www.
congress.gov/109/plaws/publ58/PLAW-109publ58.pdf (accessed February 27, 2023).
44. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, “About the Office of Energy
Efficiency and Renewable Energy,” https://www.energy.gov/eere/about-office-energy-efficiency-andrenewable-energy (accessed February 28, 2023).
45. Ibid.
46. See note 41, supra.
47. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, pp. 19, 23, 43, and 49.
48. See U.S. Department of Energy, Grid Deployment Office, “About Us,” https://www.energy.gov/gdo/about-us(accessed February 13, 2023).
49. U.S. Department of Energy, Grid Deployment Office, “Building a Better Grid Initiative,” https://www.energy.
gov/gdo/building-better-grid-initiative (accessed February 13, 2023).
50. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, pp. 2, 19, 21, 23, and 84. “The FY 2023 Budget Request to Congress proposesto split the Electricity appropriation account into two accounts: Electricity and Grid Deployment Office (GDO).
Had the proposed FY 2023 structure been in place in FY 2021 and FY 2022, the $7,000,000 shown under theElectricity account’s Transmission Permitting and Technical Assistance (TPTA) program would have appeared
under Grid Technical Assistance in GDO and the $3,000,000 shown under Program Direction in the Electricity
account represents the estimated share of Electricity PD funding associated with TPTA and would haveappeared under Program Direction in GDO.” Ibid., p. 84, note.
51. U.S. Department of Energy, Office of Clean Energy Demonstrations, “About Us: Our Mission,” https://www.
energy.gov/oced/about-us (accessed February 13, 2023).
52. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, p. 6.
53. U.S. Department of Energy, Office of Clean Energy Demonstrations, “About Us: Our Story,” https://www.
energy.gov/oced/about-us (accessed February 28, 2023).
54. U.S. Department of Energy, Office of Clean Energy Demonstrations, “OCED Project Portfolio,” https://www.
energy.gov/oced/office-clean-energy-demonstrations (accessed February 28, 2023).
55. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Volume 3, Cybersecurity, Energy Security, and Emergency Response, Federal Energy
Management Program, Grid Deployment Office, Indian Energy Policy & Programs, Loan Programs,
Manufacturing & Energy Supply Chains, Office of Clean Energy Demonstrations, Petroleum Reserves, Power
Marketing Administrations, State and Community Energy Programs, April 2022, p. 104, https://www.energy.
gov/sites/default/files/2022-09/doe-fy2023-budget-volume-3-v2.pdf (accessed February 13, 2023).
56. See, for example, ibid., pp. 104 and 107.
57. U.S. Department of Energy, Loan Program Office, “LPO Year in Review 2022: New Legislation,” January 5,2023, https://www.energy.gov/lpo/articles/lpo-year-review-2022 (accessed February 28, 2023). Emphases
in original.
58. H.R. 6256, To Ensure That Goods Made with Forced Labor in the Xinjiang Uyghur Autonomous Region of thePeople’s Republic of China Do Not Enter the United States Market, and for Other Purposes, Public Law No.
117-78, 117th Congress, December 23, 2021, https://www.congress.gov/117/plaws/publ78/PLAW-117publ78.pdf(accessed February 28, 2023).
59. H.R. 2272, America COMPETES Act, Public Law 110–69, 110th Congress, August 9, 2007, § 5012, https://www.
congress.gov/110/plaws/publ69/PLAW-110publ69.pdf (accessed February 13, 2023).
60. Ibid., § 5012(c)(1).
61. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, March 2022, p. 103.

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Department of Energy and Related Commissions
62. U.S. Department of Energy, Federal Energy Management Program, “About the Federal Energy Management
Program: Mission and Stakeholders,” https://www.energy.gov/eere/femp/about-federal-energymanagement-program (accessed February 13, 2023).
63. See, for example, 42 U.S. Code § 8252, https://www.law.cornell.edu/uscode/text/42/8252 (accessed February
13, 2023); § 8253, https://www.law.cornell.edu/uscode/text/42/8253 (accessed February 13, 2023); § 8254,
https://www.law.cornell.edu/uscode/text/42/8254 (accessed February 13, 2023); § 8255, https://www.law.
cornell.edu/uscode/text/42/8255 (accessed February 13, 2023); § 8256, https://www.law.cornell.edu/uscode/text/42/8256 (accessed February 13, 2023); § 8257, https://www.law.cornell.edu/uscode/text/42/8257(accessed February 13, 2023); § 8258, https://www.law.cornell.edu/uscode/text/42/8258 (accessed February
13, 2023); § 8259b, https://www.law.cornell.edu/uscode/text/42/8258b (accessed February 13, 2023); § 15852,
https://www.law.cornell.edu/uscode/text/42/15852 (accessed February 13, 2023); and § 17143, https://www.
law.cornell.edu/uscode/text/42/17143 (accessed February 13, 2023).
64. President Donald J. Trump, Executive Order 13834, “Efficient Federal Operations,” May 17, 2018, Federal
Register, Vol. 83, No. 99 (May 22, 2018), pp. 23771–23774, https://www.govinfo.gov/content/pkg/FR-2018-0522/pdf/2018-11101.pdf (accessed February 28, 2023).
65. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, “FY 2022 Request Overview
Briefing,” June 2021, p. 11, https://www.energy.gov/sites/default/files/2021-06/FY2022-EERE-budget-requestenergy-efficiency.pdf (accessed February 28, 2023).
66. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, pp. 19 and 21.
67. U.S. Department of Energy, Clean Energy Corps, “Careers,” https://www.energy.gov/CleanEnergyCorps(accessed March 13, 2023).
68. Ibid.
69. U.S. Department of Energy, “DOE Kicks Off Recruitment to Support Implementation of Bipartisan
Infrastructure Law,” January 13, 2022, https://www.energy.gov/articles/doe-kicks-recruitment-supportimplementation-bipartisan-infrastructure-law (accessed March 13, 2023).
70. U.S. Department of Energy, Energy Information Administration, “About EIA,” https://www.eia.gov/about/(accessed February 13, 2023).
71. U.S. Department of Energy, Energy Information Administration, “Levelized Costs of New Generation Resourcesin the Annual Energy Outlook 2022,” March 2022, p. 1, https://www.eia.gov/outlooks/aeo/pdf/electricity_
generation.pdf (accessed March 13, 2023).
72. U.S. Department of Energy, U.S. Energy Information Administration, Direct Federal Financial Interventions andSubsidies in Energy in Fiscal Year 2016, April 2018, https://www.eia.gov/analysis/requests/subsidy/pdf/subsidy.
pdf (accessed March 1, 2023).
73. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, pp. 19, 24, and 105.
74. U.S. Department of Energy, Office of International Affairs, “Mission: Our Mission,” https://www.energy.gov/ia/
our-mission (accessed February 13, 2023).
75. U.S. Department of Energy, Office of International Affairs, “Priorities: Our Objectives,” https://www.energy.
gov/ia/priorities (accessed February 13, 2023).
76. Editorial Board, “Biden Signs Up for Climate Reparations,” The Wall Street Journal, November 20, 2022,
https://www.wsj.com/articles/biden-signs-up-for-climate-change-reparations-europe-fund-un-john-kerrypoor-countries-bank-capitalism-11668974219 (accessed February 13, 2023).
77. U.S. Department of Energy, Arctic Energy Office, “About the Arctic Energy Office,” https://www.energy.gov/
arctic/about-arctic-energy-office (accessed March 1, 2023).
78. National Strategy for the Arctic Region, The White House, October 2022, https://www.whitehouse.gov/wpcontent/uploads/2022/10/National-Strategy-for-the-Arctic-Region.pdf (accessed March 13, 2023).
79. U.S. Department of Energy, Office of Intelligence and Counterintelligence website, https://www.energy.gov/
intelligence/office-intelligence-and-counterintelligence (accessed February 13, 2023).
80. See U.S. Department of Energy, Office of Policy, “Publications,” https://www.energy.gov/policy/office-policy(accessed February 13, 2023).

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81. U.S. Department of Energy, Office of Technology Transitions, “About Us: Mission,” https://www.energy.gov/
technologytransitions/mission-0 (accessed February 13, 2023).
82. Advanced Scientific Computing Research (ASCR); Basic Energy Sciences (BES); Biological and Environmental
Research (BER); Fusion Energy Sciences (FES); High-Energy Physics (HEP); Nuclear Physics (NP); Isotope
R&D and Production (IRP); and Accelerator R&D and Production (ARDAP). U.S. Department of Energy, Officeof Chief Financial Officer, Department of Energy FY 2023 Congressional Budget Request, Volume 5, Science,
April 2022, pp. 10–14, https://www.energy.gov/sites/default/files/2022-05/doe-fy2023-budget-volume-5science-v2.pdf (accessed March 1, 2023).
83. For example, the CHIPS and Science Act authorizes $50 billion for the Office of Science. U.S. Department ofEnergy, “Statement by Secretary Granholm on Congressional Passage of the CHIPS and Science Act,” July28, 2022, https://www.energy.gov/articles/statement-secretary-granholm-congressional-passage-chips-andscience-act (accessed February 13, 2023).
84. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Volume 5, Science, April 2022, p. 7, https://www.energy.gov/sites/default/files/2022-05/doefy2023-budget-volume-5-science-v2.pdf (accessed March 2, 2023).
85. U.S. Department of Energy, Office of Environmental Management, “Mission,” https://www.energy.gov/em/
mission (accessed March 1, 2023).
86. U.S. Department of Energy, Office of Environmental Management, “Cleanup Sites,” https://www.energy.gov/
em/cleanup-sites (accessed March 1, 2023).
87. U.S. Government Accountability Office, “DOE’s Environmental Liability,” GAO-21-585R, June 2021, p. 2, https://www.gao.gov/assets/gao-21-585r.pdf (accessed March 13, 2023).
88. Chart, “EM’s Annual Spending and Estimated Environmental Liability (Fiscal Years 2011–2020),” in ibid., p. 1.
89. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Volume 6, Environmental Management, April 2022, p. 53, https://www.energy.gov/sites/
default/files/2022-09/doe-fy2023-budget-volume-6-em-v3.pdf (accessed March 1, 2023).
90. Ibid.
91. U.S. Government Accountability Office, Nuclear Waste: DOE Needs Greater Leadership Stability andCommitment to Accomplish Cleanup Mission, GAO-22-104805, https://www.gao.gov/assets/gao-22-104805.
pdf#:~:text=DOE%20Needs%20Greater%20Leadership%20Stability%20and%20Commitment%20to,May%20
2022%20GAO-22-104805%20United%20States%20Government%20Accountability%20Office May 2022,(accessed February 14, 2023).
92. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, pp. 23 and 93.
93. H.R. 3809, Nuclear Waste Policy Act of 1982, Public Law No. 97-425, Title I, Subtitle B.
94. Ibid., Title III, § 304.
95. See, for example, Chapter 4, “The Need for Geologic Disposal,” in Blue Ribbon Commission on America’s
Nuclear Future, Report to the Secretary of Energy, January 2012, pp. 27–31, https://www.energy.gov/sites/
default/files/2013/04/f0/brc_finalreport_jan2012.pdf (accessed February 14, 2023).
96. Press release, “DOE Announces $16 Million to Support Consent-Based Siting for Spent Nuclear Fuel,” U.S.
Department of Energy, September 20, 2022, https://www.energy.gov/articles/doe-announces-16-millionsupport-consent-based-siting-spent-nuclear-fuel (accessed February 14, 2023).
97. U.S. Department of Energy, Agency Financial Report, Fiscal Year 2022, DOE/CF-0191, p. 58, https://www.
energy.gov/sites/default/files/2022-11/fy-2022-doe-agency-financial-report.pdf (accessed March 13, 2023).
98. H.R. 3809, Nuclear Waste Policy Act of 1982, Public Law No. 97-425, Title III, § 302.
99. Ibid., p. 57.
100. Table, “Department of Energy Comparative Organization by Congressional Control, FY 2023,” p. 5, in U.S.
Department of Energy, Office of the Chief Financial Officer, “FY 2023 Budget Justification: Summary Budget
Documents,” https://www.energy.gov/cfo/articles/fy-2023-budget-justification (accessed March 13, 2023).
101. U.S. Department of Energy, National Nuclear Security Administration, “Missions,” https://www.energy.gov/
nnsa/missions#:~:text=NNSA%20ensures%20the%20United%20States%20maintains%20a%20safe%2C,of%20
nuclear%20and%20radiological%20terrorism%20around%20the%20world (accessed March 2, 2023).

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Department of Energy and Related Commissions
102. S. 1059, National Defense Authorization Act for Fiscal Year 2000, Public Law 106-65, 106th Congress, October
5, 1999, §§ 3201–3299, https://www.congress.gov/106/plaws/publ65/PLAW-106publ65.pdf (accessed
February 14, 2023).
103. See Geller, “U.S. Nuclear Weapons.”
104. U.S. Department of Defense, 2022 National Defense Strategy of the United States of America, Including the2022 Nuclear Posture Review and the 2022 Missile Defense Review, pp. 3 and 20, https://media.defense.
gov/2022/Oct/27/2003103845/-1/-1/1/2022-NATIONAL-DEFENSE-STRATEGY-NPR-MDR.PDF (accessed
March 2, 2023).
105. U.S. Department of Energy, National Nuclear Security Administration, “Plutonium Pit Production,” https://www.energy.gov/nnsa/plutonium-pit-production (accessed March 13, 2023).
106. U.S. Department of Energy, Office of Chief Financial Officer, Department of Energy FY 2023 Congressional
Budget Request, Budget in Brief, p. 27.
107. 16 U.S. Code § 824o, https://www.law.cornell.edu/uscode/text/16/824o (accessed March 2, 2023).
108. 16 U.S. Code § 824o-1, https://www.law.cornell.edu/uscode/text/16/824o-1 (accessed March 2, 2023).
109. For example, the California blackouts in August 2020 and the Texas blackouts and deaths in February 2021.
110. North American Electric Reliability Corporation, “Announcement: Extreme Weather Heightens Reliability Risks
This Summer,” May 18, 2022, https://www.nerc.com/news/Headlines%20DL/May%2018%202022%20SRA%20
Announcement.pdf (accessed February 14, 2023).
111. Ethan Howland, “ISO-NE, ERCOT, MISO Face Possible Capacity Shortfalls in Extreme Winter Weather: FERC,”
Utility Dive, October 21, 2022, https://www.utilitydive.com/news/FERC-iso-ne-ercot-miso-extreme-winterweather-report/634682/ (accessed February 14, 2023), and North American Energy Reliability Corporation,“Announcement: NERC Warns Generation Resources Tight in Large Portion of North America This Winter,”November 17, 2022, https://www.nerc.com/news/Headlines%20DL/2022%20WRA%20Release%20final.pdf(accessed February 14, 2023).
112. Note that the challenges to the grid are coming mainly from subsidized renewable resources. Renewable
resources have beneficial attributes, and the electric grid can benefit from embracing an all-of-the-above
approach to power generation.
113. See U.S. Department of Energy, U.S. Energy Information Administration, “Glossary: Reserve Margin,” https://www.eia.gov/tools/glossary/index.php?id=reserve_margin (accessed February 14, 2023).
114. Dan Frosch and Ginger Adams Otis, “North Carolina Power Outage Leaves 33,000 Without Electricity
After Substation Attack,” The Wall Street Journal, December 5, 2022, https://www.wsj.com/articles/
attack-on-north-carolina-power-substations-leaves-45-000-without-electricity-11670200585 (accessed
February 14, 2023).
115. U.S. Department of Energy, Federal Energy Regulatory Commission, “Power Sales and Markets: RTOs andISOs,” last updated May 3, 2022, https://www.ferc.gov/power-sales-and-markets/rtos-and-isos (accessed
February 14, 2023).
116. Such as the blackouts and shortages in California (August 2020, summer 2022) and Texas (February 2021,
summer 2022).
117. See notes 110 and 111, supra; North American Electric Reliability Corporation, “2022 Summer Reliability
Assessment,” May 2022, https://www.nerc.com/pa/RAPA/ra/Reliability%20Assessments%20DL/NERC_
SRA_2022.pdf (accessed March 13, 2023); and North American Electric Reliability Corporation, “2022–2023
Winter Reliability Assessment,” November 2022, https://www.nerc.com/pa/RAPA/ra/Reliability%20
Assessments%20DL/NERC_WRA_2022.pdf (accessed March 13, 2023).
118. U.S. Department of Energy, Federal Energy Regulatory Commission, “Building for the Future Through Electric
Regional Transmission Planning and Cost Allocation and Generator Interconnection,” Notice of Proposed
Rulemaking, Federal Register, Vol. 87, No. 86 (May 4, 2022), pp. 26504–26611, https://www.govinfo.gov/
content/pkg/FR-2022-05-04/pdf/2022-08973.pdf (accessed February 14, 2023), and U.S. Department ofEnergy, Federal Energy Regulatory Commission, “Improvements to Generator Interconnection Proceduresand Agreements,” Notice of Proposed Rulemaking, Federal Register, Vol. 87, No. 127 (July 5, 2022), pp.
39934–40032, https://www.govinfo.gov/content/pkg/FR-2022-07-05/pdf/2022-13470.pdf (accessed
February 14, 2023).

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119. During the deregulation-induced 230,000 MW combined cycle plant boom of 1999 to 2003 and beyond,developers were able to move ahead only with projects that were supported by adequate available gastransmission and near existing localized transmission hubs. Delinking transmission responsibility frompower generation, coupled with the heavy incentivization of renewable over gas projects, has promoted theconstruction of a large class of partially usable and often partially stranded generation-only assets.
120. U.S. Department of Energy, Grid Deployment Office, “Grid Deployment Office Launches Transmission Sitingand Economic Development Grants Program with $760M Inflation Reduction Act Investment,” January
13, 2023, https://www.energy.gov/gdo/articles/grid-deployment-office-launches-transmission-siting-andeconomic-development-grants (accessed March 13, 2023).
121. H.R. 6586, Natural Gas Act, Public Law No. 75-688, § 7.
122. Ibid., §§ 4 and 5.
123. Ibid., § 7(c).
124. West Virginia v. EPA, 597 U.S. ___ (2022), https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf(accessed March 2, 2022).
125. H.R. 6586, Natural Gas Act, Public Law No. 75-688, § 3.
126. U.S. Department of Energy U.S.-based operating export LNG terminals are located in Louisiana (3); Texas(2); Alaska (1); Georgia (1); and Maryland (1). Map, “North American LNG Export Terminals: Existing,” in U.S.
Department of Energy, Federal Energy Regulatory Commission, “North American LNG Export Terminals—
Existing, Approved not Yet Built, and Proposed,” February 8, 2023, https://www.ferc.gov/natural-gas/lng(accessed February 14, 2023).
127. Niina H. Farah, Miranda Wilson, and Carlos Anchondo, “Jordan Cove Project Dies. What It Means for FERC,
Gas,” Energywire, December 2, 2021, https://www.eenews.net/articles/jordan-cove-project-dies-what-itmeans-for-ferc-gas/ (accessed February 14, 2023).
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129. As discussed in the section on the Office of Fossil Energy and Carbon Management, infra, these automatic
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130. H.R. 11510, Energy Reorganization Act of 1974, Public Law No. 93-438, 93rd Congress, October 11, 1974, https://www.congress.gov/93/statute/STATUTE-88/STATUTE-88-Pg1233.pdf (accessed February 27, 2023).
131. H.R. 9757, Atomic Energy Act of 1954, Public Law No. 83-703, 83rd Congress, August 30, 1954, §§ 21–28,
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132. S. 512, Nuclear Energy Innovation and Modernization Act, Public Law No. 115-439, January 14, 2019, § 103,
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