About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (April 5, 2018)

handle is hein.crs/govzff0001 and id is 1 raw text is: 





Cogesoa Researc Servic


0


April 5, 2018


Reconsidering the Strategic Petroleum Reserve


The Strategic Petroleum Reserve (SPR) was authorized by
the Energy Policy and Conservation Act (EPCA) of 1975
(P.L. 94-163). EPCA, passed in the wake of the oil embargo
of 1973-1974, set out U.S. energy policy in the areas of
production, consumption, and reserve stocks. In 2018, the
U.S. position in world markets is significantly different
from that of the 1970s and a reconsideration of the size
and/or need for the SPR might be warranted.

   hat  Is the   SPR?
EPCA   authorized the creation of an up to 1 billion barrel
petroleum reserve. While the primary component of the
SPR  is crude oil, currently about 660 million barrels, stored
in Texas and Louisiana, the reserve also includes the
Northeast Home  Heating Oil Reserve (2 million barrels of
ultralow sulfur heating oil) located in Massachusetts, New
Jersey, and Connecticut, as well as the Northeast Gasoline
Reserve (1 million barrels of gasoline) located in the New
York harbor and Boston areas. The first of these product
reserves recognized the importance of heating oil in the
New  England home  heating fuel mix, while the second was
established in response to the gasoline market disruption in
the wake of Hurricane Sandy in 2012.

Initial justifications for the SPR
In 1973, the Organization of the Arab Petroleum Exporting
Countries (OAPEC)  initiated an oil supply embargo against
the United States and the Netherlands in response to those
nations' support of Israel in the October 1973 war. There
was concern that a new era had emerged in which oil
supplies would be used as a political weapon. For the
United States, domestic oil production had peaked in 1970
and was expected to decline in future years, consumption
growth seemed  set to continue, and the only significant
emergency  stocks were commercial inventories held by oil
companies.

U.S. gasoline consumers' first exposure to the perceived
effects of the OAPEC embargo included gasoline supply
shortages, gasoline stations with restricted operating hours,
purchase limits, waiting lines, and higher gasoline prices.
The institution of federal non-price gasoline rationing
schemes, intended to alleviate problems related to the
supply shortages, may have exacerbated the shortages. A
publicly held supply reserve of crude oil or petroleum
products was viewed as a viable way to shield the domestic
markets from the disruptive effects of supply manipulation
by countries exporting oil to the United States.

The United States historically has possessed a petroleum
refining industry of sufficient domestic capacity to meet the
needs of domestic demand for petroleum products. In
addition, an oil transportation system is available to
efficiently move oil and petroleum products around the
country. Concern existed in the mid-1970s that if the net


import gap between domestic consumption and domestic
production continued to widen, disruptions in oil supply
from international markets would result in the closure of
part of the refining and/or pipeline networks.

Concern over consumer gasoline disruptions and refinery
utilization are somewhat at odds. Minimizing consumer
disruption might indicate the need for a petroleum products
reserve, while insuring the continuous operation of the oil
refining/transportation industries might suggest the need for
a crude oil reserve. Language in EPCA allowed the new
reserve to include either crude oil or products, or both.

Evolution of the SPR
Since the 1970s the SPR's role has evolved to include
natural disaster protection and economic stabilization.
Hurricanes Katrina, Sandy, and Harvey have resulted in
drawdowns  from the SPR to supply refineries and aid
consumers. However,  some argue infrastructure damage, to
include waterways and ports, roads, and refineries, might be
more of an impediment to an orderly market than actual
fuel supply issues. The open bidding policies of SPR
drawdowns,  which allow foreign-based oil trading firms to
win the right to purchase SPR oil, may limit the
effectiveness of SPR use in short-term natural emergencies.
It may be difficult to target SPR supplies to those domestic
firms that need access to SPR oil under current bidding
rules.

In addition, the Energy Policy and Conservation Act
Amendments   of 1990 (P.L. 101-383) expanded EPCA
authorities to allow the President to authorize SPR
drawdowns  when  market conditions exist such that there is,
or is likely to be, economic disruption in the form of higher
prices even if no formal emergency is declared. President
Obama  used this authority to direct the drawdown and sale
of 30 million barrels of crude oil from the SPR in 2011 due
to the likelihood of higher oil prices resulting from the
disruption of Libyan oil supplies. While it is not clear that
this type of market intervention is effective, the use of the
SPR  for price stabilization in place of market forces,
although allowed by statute, is a change from the original
application of the authority.

International Obligations
The United States is a member of the International Energy
Agency. The  1974 Agreement on an International Energy
Program (IEP) specifies member nation emergency
response mechanisms. The agreement requires member
nations to hold no less than 90 days of the previous year's
net imports as emergency stocks. The reserves may be held
as crude oil, petroleum products, or as a mixture of the two.
The reserves may be owned by the public sector, the private
sector, or as a mixture of the two. Oil exporting (net)
member  countries are exempt from the stock holding


https://crsreports.congressg

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most