Closed-door discussions between key House and Senate Members and staff continue in an effort to reconcile differences between the two chambers' energy bills. Members are meeting to strategize on the process and to discuss the controversial issues at the "10,000 foot level." Key leadership and committee staff continue to meet daily to discuss the details of key provision, such as a renewable fuels mandate, renewable portfolio standard, vehicle fuel economy standards and tax incentives.
In the meantime, Senate Republicans continue to be divided on whether to support a formal energy conference or continue to oppose and allow Democrats to craft the bill, which some believe may have a hard time securing the 60 votes needed to pass in the Senate and/or may be vetoed by the White House.
In the one camp are those like Sens. Kay Bailey Hutchison (R-TX) and John Cornyn (R-TX), who are blocking the appointment of conferees because they argue tax provisions in the legislation would have a negative impact on oil companies. They also strongly oppose Senate language that mandates an aggressive renewable fuel standard. The other faction of the GOP, which includes the Chairman of the Senate Energy and Natural Resources Committee, Pete Domenici (R-NM), supports moving to a formal conference, because they want to be involved in the discussions and want a final bill the President can sign. Domenici's camp has argued that they have more influence on the final product if they participate in a fair and bi-partisan conference committee. It remains to be seen which faction will prevail.
Congress is scheduled to recess for the Thanksgiving Day recess around November 17, and will only return on a limited-basis during the month of December to consider appropriations bills and/or conference reports. It is possible a conference report on the energy bill could be an item for consideration by both chambers during the month to December, although time is running short.