The Honorable Guy Caruso, Administrator, Energy Information Administration

The Honorable Guy Caruso
Administrator
Energy Information Administration
1000 Independence Avenue, S.W.
Washington, DC 20585

Dear Administrator Caruso:

Pursant to House Resolution 202, and Rules X and XI of the House of Representatives, the Select Committee on Energy Independence and Global Warming has been authorized to "investigate, study, making findings and develop recommendations on policies, strategies, technologies, and other innovations, intended to reduce the dependence of the United States on foreign sources of energy and achieve substantial and permanent reductions in emissions an other activities that contribute to climate change and global warming."

In connection with that mandate, I am writing to request information regarding some disturbing reports I have received suggesting that the Energy Information Administration (EIA) plans to significantly change the data survey form used to collect critical data for calculating emissions of carbon dioxide and other air pollutants in a manner that may make it more difficult for the federal government to ascertain what carbon and other emissions are being generated.

Form EIA-767 is unique among state and federal forms in that it provides operational unit-level data on a monthly basis from all boilers at plants 10 MW and greater. It provides precisely the level and type of data that the Environmental Protection Agency (EPA) and state and local regulators need to develop and implement air pollution control, energy, and utility regulatory programs.

The data collected on Form EIA-767 is the only data that can link electric boilers to generation to enable calculation of emissions in pounds per megawatt hour. At a time when there is consensus on the need to address global warming by the President, Congress and many states and cities, I am concerned that EIA's failure to collect the appropriate data will undermine efforts to reduce carbon dioxide emissions, the most significant global warming pollutant. I would like to better understand why EIA has decided to make these changes to Form EIA-767, what plans you have for changes to EIA data collection in the future, and what you are doing to insure the collection of data critical to federal, state and local efforts to reduce global warming pollution in the future. Specifically I would like answers to the following questions regarding EIA's activities in this area:

1. Will 2006 boiler data be collected on a per unit basis? If not, why not. Will 2007 boiler data be collected on a per unit basis? If not, why not. Will boiler data be collected on a per unit basis in the future? If not, why not.

2. If boiler data will not be collected on a per unit basis, please provide information on the rationale for this decision and who made the decision.

3. Were users that rely on Form EIA-767, like the EPA and state regulators, consulted before the decision to terminate collection were made? If so, how were they consulted? Please provide any written comments they may have provided. If they were not consulted prior to the decision to terminate the collection of data, please explain why they were not consulted.

4. What would it cost to continue collecting the information on Form EIA-767 as has been done in the past?
 
5. According to DOE's FY2007 Congressional budget request , EIA discontinued form EIA-767 to focus efforts on improving international oil and gas markets data and energy security, improving energy data quality, and replacing EIA's U.S. energy model. How does this decision reconcile with the President's commitment to reducing greenhouse gas emissions most recently reiterated in his State of the Union address this January and in the February 7, 2007 letter from his advisors, James Connaughton, Chairman of the Council on Environmental Quality, and John Marburger, Director of Office of Science and Technology Policy?

6. As the trend to rely on cap-and-trade and other market-based approaches for the energy sector continues, it is critical that accurate and complete data be collected to ensure the effectiveness of the programs. Going forward, what are EIA's plans for collecting data that can be used to accurately gauge the need for emission allowances under cap and trade programs? Will data be collected on a per boiler basis or will EIA consider collecting a sample of the boiler population? Has EIA consulted with EPA and state and local regulators regarding the impact on their work from switching from data collection on a per boiler basis to a sample population of boilers? If so, please provide any written comments they may have provided.

7. Going forward, what are EIA's plans for ensuring that data collected from the power sector meets the needs of its federal, state and local stakeholders for air pollution control, energy, and utility regulatory programs?

Thank you for your attention to this matter. I request that a response be provided within ten working days, or not later than close of business, April 12, 2007. Please have your staff contact Dr. Ana Unruh Cohen at the Committee staff at ana.unruhcohen@mail.house.gov or (202) 225-4012 if you should have any questions regarding this request.

Sincerely,

Edward J. Markey
Chairman
Select Committee on Energy Independence
& Global Warming

Return to Letters to the Administration »