House Speaker Nancy Pelosi has called a meeting for today (10/10) with all of the chairmen of committees who have contributed to the House "energy independence" bill. At that meeting she will outline how she would like to proceed to conference with the Senate.
In the past, Speaker Pelosi has decided to short-circuit conference committees and it is possible that she could decide to do this again. Earlier this year, when the House and Senate could not agree on provisions in the lobbying reform bill, House and Senate Democratic leadership decided to by-pass a contentious conference committee by striking a deal amongst themselves and sending new, identical bills to both chambers.
The Speaker could tell the chairmen that she will accept certain Senate language or that only certain Members will be appointed as conferees. At this time, we do not have a clear indication as to which direction she will go with respect to the process or substance of controversial issues, such as the Renewable Portfolio Standard (RPS).
Both the House and Senate have passed differing versions of the energy bill. While they are similar in some respects, they differ on key controversial issues. A key difference is that the House bill contains an RPS (with an exemption for public power and coops) and tax title. The Senate bill does not contain either. Instead, the Senate bill raises automobile efficiency standards, known as "Corporate Average Fuel Economy" (CAFE) Standards and includes a mandate for production of alternative transportation fuels, whereas the House bill does not.
Last week, prior to adjourning for a week-long Columbus Day recess, Senate Majority Leader Harry Reid (D-NV) planned to overcome a procedural hurdle by making a motion to go to conference on the "energy independence" bill by "unanimous consent," but then decided to wait until after the recess to proceed. It is possible that Republicans could block the motion, based on concerns over the tax component, and Reid has indicated that he will not attempt another motion.
The procedural and substantive hurdles that the bill faces, including those described above in the Senate are adding credence to rumors that, for the sake of expediency, Democratic leadership might choose to depart from normal procedures.