Comment: We must not let Big Oil bully biofuels

Source: By Senators CHUCK GRASSLEY, R-Ia., and AMY KLOBUCHAR, D-Minn., Des Moines Register • Posted: Tuesday, July 22, 2014

It’s vacation season across America. That means family road trips are under way and travelers are paying even closer attention when they pull up to the pump. America’s road warriors have long cherished affordable gas prices. Today’s drivers also value clean-burning fuel choices that help the environment and boost America’s energy independence.

Look back four decades through the rearview mirror. History shows how the 1973 oil embargo exposed the economic risks and geopolitical vulnerabilities associated with perilous dependence on foreign oil. While gas shortages roiled consumers, the embargo gripped the U.S. economy and foreign policy with steep consequences.

Since then, policymakers have worked to bring greater stability to U.S. energy security, such as creation of the Strategic Petroleum Reserve and more domestic production, conservation (fuel economy standards) and diversification, including incentives for clean-burning, renewable biofuels. Most recently, Congress created the Renewable Fuel Standard (RFS) in 2005 to promote the development and use of domestic renewable biofuels.

The federal law has helped to displace oil imports, increase domestic energy security, create jobs in rural America, curb pollution with cleaner-burning fuel and lower prices at the pump for consumers. Pure and simple, the RFS is good for America’s energy, environmental and economic stability. In recent years, Congress also has enacted provisions to promote the installation of blender pumps at gas stations, providing consumers with a greater choice of fuels.

And yet, the nation’s energy policy is running into some bumps in the road. For starters, the Environmental Protection Agency last fall pitched a misguided proposal to greatly reduce the RFS for fiscal 2014. The proposed rule would lower the volume targets for advanced biofuels from 3.25 billion gallons to 2.2 billion gallons. This proposal is causing uncertainty that may scare off future investments in this promising, innovative industry.

Biofuels also are facing stiff resistance from “big oil.” This time, it’s not OPEC putting a stranglehold on the marketplace. It is instead the powerful oil industry that reports show is blocking the pipeline for biofuels to get to market.

Last fall, we asked the Department of Justice and Federal Trade Commission to investigate possible anticompetitive practices by the oil industry. We shared concerns we heard that oil companies allegedly are mandating retailers to carry and sell premium gasoline, which as a result prevents the retailer from selling renewable fuels without installing expensive infrastructure upgrades. By forcing a franchisee to carry premium gasoline as a condition of carrying regular gas, the oil company may be using its economic power to leverage unreasonable, discriminatory arrangements that are in violation of federal laws.

The Department of Justice and FTC responded with assurances that they are taking steps to identify, prevent and prosecute practices in the petroleum markets that violate anticompetitive business practices.

On the one hand, big oil argues that the RFS is broken because the industry says it can’t mix the higher blends. On the other hand, those same companies appear to be doing everything they can to prevent any widespread investment in infrastructure by their franchisees and smaller stations that are buying and selling their gasoline.

Big oil companies can cry crocodile tears, but it’s their self-inflicted actions that are standing in the way of meeting the requirements of the Renewable Fuel Standard, not ethanol producers. Big oil can’t argue it should be repealed because it doesn’t work when it is responsible for ensuring that consumers don’t have the choice for higher ethanol blends.

That’s why we suggest the Justice Department and FTC take a close look at a recent investigative study by the Renewable Fuels Association. Its analysis shows how oil companies appear to be blocking the sale of greater volumes of renewable fuels through bullying business tactics. Big oil likes to say it has no control over what’s offered at the pumps of retail gas stations and franchisees. But the facts say otherwise.

The report’s “Consumer Choice Report Card” shows less than 1 percent of branded stations offer E15 or E85. Tellingly, independent stations are four to six times more likely to offer E85 and 40 times more likely to offer E15 than stations selling a “Big Five” oil brand. It would be foolish to view these findings as a fluke.

Let’s not let big oil spoil the route to greater, cleaner energy independence. U.S. energy security is not for sale. It’s time to hand over the keys to consumers and let renewables and traditional fossil fuels compete side-by-side at the pump.