EDDIE BERNICE JOHNSON, Texas CHAIRWOMAN FRANK D. LUCAS, Oklahoma RANKING MEMBER October 23, 2020 The Honorable Dan Brouillette Secretary of Energy 1000 Independence Avenue SW Washington, DC 20585 Dear Secretary Brouillette, We write to address an apparently persistent issue of Department of Energy technical analysis being suppressed, modified, and delayed by headquarters officials. I wrote to you on September 22 to ask for DOE’s account of the whereabouts of the National Renewable Energy Laboratory’s Interconnection Seam Study, which was discussed by the media in an August 2020 Atlantic article.1 As of this writing, the Department has yet to accommodate the briefings I requested in that letter. The suppression and modification of Seams may be the most egregious and highest profile example of political interference in DOE reports, but it is by no means the only example. I am concerned that Seams may be part of a pattern over roughly the last two years in which DOEfunded reports on renewable energy, energy efficiency, transportation electrification, and the electricity grid are unduly delayed or modified by senior DOE officials. For example: • The Geothermal Technologies’ Office landmark GeoVision study, which explores opportunities and pathways for increasing geothermal deployment, was initiated in 2015.2 External reviewers report that the last time they were asked for feedback on the draft was around mid-2018.3 However, GeoVision was not released by the Department until March 30, 2019.4 1 https://www.theatlantic.com/politics/archive/2020/08/how-trump-appointees-short-circuited-gridmodernization/615433/ 2https://www.energy.gov/sites/prod/files/2016/04/f30/Geothermal%20Technologies%20Office%202015%20Annu al%20Report_0.pdf 3 http://www.ourenergypolicy.org/wp-content/uploads/2018/02/GTO-2017-Annual-Report.pdf 4 https://www.energy.gov/eere/geothermal/geovision 1 • The Vehicle Technologies Office 21 st Century Truck Partnership Research Blueprint, which focuses on technological innovation to improve energy efficiency in trucking, was slated for imminent release in August 2018, but it was not released by the Department until February 2019. 5 • The Building Technologies Office white paper on Grid-Integrated Efficient Buildings was slated for imminent release in August 2018 but was not released by the Department until April 2019. 6 • Lawrence Berkeley National Lab (LBNL)’s paper on Grid Impacts of Electric Vehicles and Smart Charging in California was sent to DOE headquarters for review in September 2018, but it was not released by the Department until September 2019. 7 • LBNL’s Impact of Renewable Energy and other Factors on Observed Wholesale Electricity Market Prices report, which analyzes the impacts of wind and solar on wholesale electricity markets, was slated for imminent release in late summer 2018. It was not released by the Department until November 2019.8 • The Pacific Northwest National Laboratory’s Handbook of Hydrokinetic Regulatory Processes was slated for release in October 2018, but it was not released by the Department until August 2020. And I note that the following reports have been completed but are yet to be released by the Department: • The fifth report in NREL’s Electrification Futures series, which explores how electricity supply can adapt to future scenarios where more transportation is electrified, was sent to DOE headquarters for review in October 2019. • LBNL’s Future Electric Utility Regulation report on Renewable Energy Options for Large Utility Customers, the 12 th in a series of reports from LBNL on future electric utility regulation, was sent to headquarters for review in June 2019. • LBNL’s first Solar-to-Grid report, which will estimate the market value and reliability contributions of solar power across much of the United States, was sent to DOE headquarters for review in October 2019. • DOE was directed in Congressional Appropriations language in FY18, FY19 and FY20 to produce a report that models the effects of a hypothetical Zero Emission Energy Credit for low-greenhouse gas electricity generation, but DOE has yet to produce a report.9 5 https://www.energy.gov/eere/vehicles/downloads/21st-century-truck-partnership-research-blueprint https://www.energy.gov/sites/prod/files/2019/04/f61/bto-geb_overview-4.15.19.pdf 7 https://ies.lbl.gov/publications/grid-impacts-electric-vehicles-and 8 https://www.energy.gov/sites/prod/files/2019/04/f61/bto-geb_overview-4.15.19.pdf 9 FY20 Energy & Water Development Report, page 87: https://www.congress.gov/116/crpt/hrpt83/CRPT116hrpt83.pdf 6 2 These papers are largely technical in nature, and such papers typically are able to move through the DOE headquarters review process within just a few weeks. We have seen no evidence that delays of six months or longer can be explained away as a legitimate quality control exercise. I note that there is a time-value of information related to renewable energy, energy efficiency, transportation electrification, and the grid, as new innovations are advancing rapidly across the globe. Substantial delays in DOE reports undermine our ability to understand, implement and export new technologies and threaten our nation’s competitive advantage. I am also aware of at least one other report mandated by Appropriations Report language to be conducted annually – the U.S. Energy and Employment Report – that DOE has apparently failed to initiate altogether.10 DOE Process Changes DOE leadership has implemented process changes that apparently enable this interference in the report review process. We believe these changes contravene the Department’s scientific integrity policy. Last updated in January 2017, the DOE SI policy says that Federal Supervisors at DOE: “will neither suppress nor alter scientific or technological findings and will not intimidate or coerce federal staff, contractors, recipients of financial assistance awards, or any others, to suppress or alter scientific or technological findings or conclusions.” 11 In May 2018, EERE staff received a new direction from political leadership to organize studies and technical papers into “tiers.” Any documents on Tier 1 topics would not be permitted for publication until they had received higher level sign-off by political officials. 12 The Tier 1 list included any comparisons between energy sectors, all reports on grid reliability, and market projections. For the Renewables subprograms, this means that technical studies such as “Current Developments in Retail Rate Design” and “Opportunistic hybrid communications systems for distributed PV coordination” now require approval from Deputy Assistant Secretary David Solan or other political officials. DOE then further escalated its requirements for political review in the summer of 2018. As of late August, Deputy Assistant Secretaries were no longer allowed to use their discretion “to FY19 Energy & Water Development Report, page 83: https://www.govinfo.gov/cothesauruntent/pkg/CRPT115hrpt697/pdf/CRPT-115hrpt697.pdf FY18 Energy & Water Development Report, page 81: https://www.govinfo.gov/content/pkg/CRPT115hrpt230/pdf/CRPT-115hrpt230.pdf 10 https://www.congress.gov/116/crpt/hrpt83/CRPT-116hrpt83.pdf. Page 117. “Energy and Employment Report.— The recommendation provides an additional $2,000,000 for the Office of Policy to complete a U.S. energy employment report that includes a comprehensive statistical survey to collect data, publish the data, and provide a summary report. The information collected shall include data relating to employment figures and demographics in the U.S. energy sector using methodology approved by the Office of Management and Budget in 2016.” 11 https://www.energy.gov/downloads/department-energy-scientific-integrity-policy 12 See Appendix Item 1 3 determine what was Tier 1 and what wasn’t and what needed to be elevated to [the Assistant Secretary for EERE].” Instead, “all Tier-1 reports need [Assistant Secretary] approval.”13 EERE Media Policies The DOE SI Policy also states: “Media Requests. All federal staff who receive requests from media outlets for interview or comment based on their scientific or technical expertise are free to comment but must notify their organizations' public affairs office.” But around the same time that EERE expanded political review for reports, it modified its media policy. EERE staff handed down new directions from leadership on June 12, 2018 to change which hands are authorized to interface with the media and to require more layers of approval by political appointees for even low-visibility media engagements.14 In a June 13 email, a senior EERE official explained: “Going forward, the front office would like a more streamlined approach for media pitching and media inquiries… any requests for interviews received by the offices will need to be forwarded to the [Deputy Assistant Secretary] Comms lead and the media lead from the EERE communications team. They will be responsible for working with [redacted] and her team to obtain [EERE] front office and [DOE Public Affairs] approval. They will also coordinate all scheduling with the reporter and will staff the EERE employee to be interviewed.”15 The practical effect of these changes was to chill public communication between EERE researchers and the public and to establish more control for political appointees over program messaging. In any event, the requirement for all interview requests to receive advance approval from EERE leadership and the DOE Office of Public Affairs (PA), which is presumably still in effect as of this letter, defies the plain language of the DOE SI policy on media requests. Committee requests With all of the information above in mind, I would like to expand the scope of the briefings we requested on September 22 to include a discussion on the EERE report approval process as a whole and the Department’s anticipated timelines for releasing reports prepared by national laboratories that are currently at headquarters for review. If you would like to discuss these requests further, please have your staff contact Janie Thompson of the Committee on Science, Space and Technology staff at 202-225-6375. 13 See Appendix Item 2. At the time, the acting Assistant Secretary for EERE was Cathy Tripodi. See Appendix Items 3 and 4 15 See Appendix 5. 14 4 Sincerely, Eddie Bernice Johnson Chairwoman Committee on Science, Space, and Technology cc: Frank Lucas Ranking Member Committee on Science, Space and Technology 5 APPENDIX Item #1 Enhanced Review Criteria De?nitions Analysis is requested by client's/sponsor's leadership. For example, for a U.S. Department of Client/sponsor Energy (DOE) office, this would include analysis requested by an Assistant Secretary, Principal leadership request Deputy or Deputy Assistant Secretary, or Of?ce Director, as well as analysis identified as Tier 1? in EERE study work authorization. Congressional requests also require enhanced review practices. Analysis results have potential to significantly impact research, development, and deployment decisions in the public or private sectors, including client/sponsor program direction/investment (primarily program new start or termination), private sector investments and asset portfolios, and accepted energy system operational practices. Impact on decisions Analysis assesses poliq options re?ected in pending legislation or draft regulations, under public Policy implications discussion, at the local, state, or national level, or could inform intemational/global poliq frameworks. Analysis topic is an issue that is highly visible with clie nt/sponsor, analysis consumers, or Visibility/ sensitivity stakeholders, or is politically sensitive. This would include content that considers the role of DOE or other federal agencies. Assumptions or methods used in the model/analysis run counter to prevailing practice; or results Counters prevailing of the analysis are in con?ict with or refute the prevailing perspectives of the peer and/or perspectives stakeholder community or directly rebut other published work (including DOE or other federal agency publications that we are aware of). Recent updates in blue text EERE Tier 1 is expected to include: -Advocacy for or against existing federal, state, local and/or tribal policies and regulations ?Advocacy for or against (or comparisons to) certain types of energy industries or sectors -Grid reliability -Eoonomic models or projections of entire energy sectors (e g. Wind Vision) -Major market trends or projections ?lncorporation of public opinions -Congressionally-mandated reports or outputs from Congressionally mandated committees -Actual or potential overlap with EIA studies or other reoccurring federal studies focused on energy production, distribution, or energy ef?ciency Copy of Copy of Inventory of FY18 Analysis-Related Publications - Template - 052218 AB BF.xlsm - Enhanced Review Criteria Page 7 of 14 Item #2 From: Solar Operations Supervisor To: EERE Solar program leads CC: Solar program managers Subject: FW: Tier 1 Report Guidance Date: Friday, August 24, 2018 8:11:24 AM Preliminary response from-below. Iwill follow up with Leslie next week when she is baCk- EERE Deputy Asst. Secretary for Operations Best, Solar Office Solar Operations Supervisor Fromz? EERE Deputy Asst. Secretary for Operations Sent: Friday, August 24, 2018 10:41 AM TO: Solar Operations Supervisor Cc: Subject: RE: Tier 1 Report Guidance I am out of the of?ce but -can address on Monday. I was not in the discussion on the reports, but I have not heard of anything reverting back. My understanding is that all Tier 1 reports require approval, and that means that and/or Alex need to be briefed and must approve. From: Solar Operations Supervisor Date: Friday, Aug 24, 2018, 9:45 AM To: EERE Deputy Asst. Secretary for Operations Cc:? EERE Senior advisors Subject: Tier 1 Report Guidance Hi - I hope your week is going well. I am reaching out to follow-up on the Ops Council announcement a few weeks back stating that all Tier 1 approvals need to go to EE-1 and DASs no longer had the authority to use their discretion to determine what was Tier 1 and what wasn't and what needed to be elevated to EE-1. When I asked if our DAS already briefed Daniel did the Tier 1 report have to be re-approved, you stated as long as it is re?ected in the system we should be okay, but if it isn't we would need to have our DAS brief EE-1. I don't recall ever seeing written guidance, now I am hearing that the process has reverted back to the original process. Can you please confirm what the process is for Tier 1 reports, and associated presentations? Is EE-1 approving whether or not a report can be released or whether work associated with certain Tier 1 projects can be funded? Are we entering everything in the tool and awaiting approval or as long as we put then in the tool at least two weeks prior to funding we can move fon/vard with funding a project or releasing a report? For work that is already funded, once we add the report to the tool and wait two weeks is that sufficient or do we have to await formal approval for the report to be released. Best Operations Supervisor Energy Efficiency and Renewable Energy Solar Energy Technologies Office Office Hours: M-F Fromz? Sent: Tuesday, June 12, 2018 12:22 PM EERE staff for Renewable Power Subject: FW: EERE Comms Review Process Timing RP Offices Per the email below, we will be moving all reviews to earlier in the week for the Tuesday Alex meeting. ?and I will get back to you shortly about the timeline. I know that this means that we will be preparing all communications materials almost 2 weeks in advance of any release. Please make sure that when we think about any subsequent announcements, we Item 3?3 plan sufficiently for these deadlines. I also do not know if that means that we will hear back on review of materials on Friday, or that we can expect review still on Tuesdays. Hopefully we hear more soon. Additionally, and this has come through word?of?mouth and not in any directive, but it is now my understanding that_ALL media pitches including those that had been approved by PA and tied to solicitations must only come out from EERE comms. Which will mean that all pitches related to announcements of selections or announcements of new solicitations will only come out through EERE comms. It isn?t clear then wno will be responsible for preparing any pitches, or pitch lists, given that we are being asked that it run out of comms. I hope at some point we have guidance. There also seems to be confusion on whether EERE is supposed to even provide a spokesman to PA, what certain thresholds or materials would require a spokesman, or who is going to schedule these interviews, should there be responses to media pitches. It also isn?t clear how media inquiries will be handled by comms either, but please continue to send them to me,? - I will let you know as I hear more about this ever changing process. Best From: EE Internal Communications Sent: Tuesday, June 12, 2018 11:55 AM To: EERE Staff and Contractors (names and emails redacted) EERE staff and contractors (names and emails redacted) Subject: EERE Comms Review Process Timing Good morning, This is a preliminary email to inform those involved in EERE communications that the Front Office has requested the EERE Communications workflow timeline be adjusted. All communications materials requiring Front Office review will now be reviewed on Fridays at 10AM. This will impact when materials are sent to Chiefs of Staff and the EERE Comms team. It will not im act the timin of Polic Calendar submissions. lwill be sending more robust email with further direction, guidance, and an updated EERE Communications Workflow document later today. Thankyou, Director of Stakeholder Engagement Of?ce of Energy Ef?ciency and Renewable Energy US. Department of Energy Approval Process for Communications Materials NREL Press Office submits to Chief of Staff Comms Team deadlines are sector- . EERE Comms Tracks all PA Deadline' speci?c LDRD m: Sector poc Approvals and Tuesdays 4pm announcements, etc.) Wednesday 108m performs Light Tue$daY5 1pm Coordinates PA . Editing, Approval and Tech Of?ce COS Staff . Aggregates Publication, as Reviews AS Yes Sub'?llts Materials for PDAS Sr needed I: .0 Sta or Content, .y Approved? Matena to Review, and Advrsor Approved? dt eJISector Context, and ESERE References Brie?ng 8: Ines 3.: Look/Feel ector Crosschecks with sec or-speCI 'c Policy Calendar I send t? 5:33: 5" m't mat?? 5 Deadline: Senior Advisor, that meet criteria Chiefs of Staff (or Tech Of?ce of for requiring If no, bad? to Thursday COB desi nee) and If no, Sector Chief Approvals review TeCh Of?ce for of Staff w/ copy to EERE revision Comms Team Reps. coordinates Comms Team - Technology Office revision with AS Chief of Staff Other actions also Tech Of?ce AS wc/ copy to EERE - - 'r omms eam - EERE Comms Team international travel, PDAS Senior Advisor speaking engagements, Leg affairs, etc. 4 Polig Calendar Inputs Policy Calendar Polic Calendar Deadline: Reviewed and Edited: Thursdays 12pm Fridays 12pm Mondays 12pm Communications Materials Review Guidance Items Submitted to PA for Review and/or Publication Requires DAS Review Facilitated by DAS Requires PDAS Senior Advisor Review and Approval (Tech Offices should confirm sector- Facilitated by EERE Comms specific guidance with their Sector COS) Facilitated by EERE Comms OPress Releases (EERE and NREL) OProgress Alerts Stakeholder Blasts OAnnouncements Selections, FOAs, etc.) mmsamwe'ec?ons' l-OAs, etc.) OPress Releases (EERE and NREL) EERE-level or higher blog oPress Releases (EERE and NREL) ?Progress Alerts Stakeholder Blasts OAnnouncements Selections, OProgress Alerts Stakeholder Blasts EERE-level or higher blog P?5t5 FOASI etc.) EERE-level blog posts OReports that meet the EERE criteria OTalking points for media inquiries OReports that meet the EERE criteria for for review (see separate reports 0Events where EERE leadership review (see separate reports guidance) guudance) (Director-level and above) will be OTalking points for media inquiries on .Draft talking points for media OAII open press Speaking Engagements talking to the press inquiries and Stakeholder Events 0Quotes from DOE senior leadership oSpeaking Engagements and OAII Speaking Engagements and (51; 52. 53; 54: etc.) Stakeholder Events Stakeholder Events (for awareness) ?Tech Office and Program Level Items FOR DAS APPROVAL that meet the following criteria: 0 Forward-looking information/ statements including those regarding new funding-related actions such as NOls, RFls, FOAs, selections, DNFAs, etc. 0Quotes from DOE officials 0Policy or new program direction information VAdditional approval for Tier 1 docs OTech Office and Program Newsletters, Stakeholder Blasts and Blog posts that do not contain funding and/or selection announcements OAnalysis and Reports? OMajor Website Updates Item #5 From: EERE Deputy Asst Secretary for Operations To: Cc: Siblect: FW: EERE Comms Review Process Timing and Media Inquiries Dace: Wednaday, June 13, 2018 3:33:04 AM Attachments: l. 0: 3h; .uln ?out-'40 DASs and Directors, I wanted to ?ag these changes for your attention. The timeline for Comms review has changed to facilitate an earlier EERE front of?ce review but we are also changing our approach to media relations that may have an impact on how your of?ce currently operates. Going forward, the front of?ce would like a more streamlined approach for media pitching and media inquiries. When the PA transfer is executed, several of our fed media POCs in the EERE Comms team will be moving to PA. We expect PA to play a larger role in EERE media than they do today. As a result, we are also going to consolidate our media activity through our EERE Comms team and DAS Comms leads. All coordination with reporters related to media interviews will now be handled by the EERE Communications team and/or the DAS Comms lead contractor. This means that any requests for interviews recieved by the of?ces will need to be forwarded to the DAS Comms lead and the media lead from the EERE communications team. They will be responsible for working with - and her team to obtain EE front of?ce and PA approval. They will also coordinate all scheduling with the reporter and will staff the EERE employee to be interviewed. Additionally, the same individuals will also be responsible for all media pitches going forward. This change will remove all media related activity from the of?ce comms POCs and centralizes this work with the EERE Comms team and the DAS Comms leads (in consultation with DAS COSs). Of?ce Comms POCs will still be contacted to support response development on media inquiries and/or support the development of talking points, but that will be the extent of their involvement on media related activities. Their other activities around press release development, supporting speaking engagements, development of website content, etc should not be impacted by this change in process, with the exception of the timing of the review. This may be a change for how some of?ces currently operate, which is why I wanted to ?ag this separatly. ?will be working with the DAS C083 and DAS Comms leads to implement these changes. Thanks, From: Date: Tuesday, Jun 12, 2018, 8:02 PM To= EB Internal Communications 7 Subject: RE: EERE Comms Review Process Timing and Media Inquiries Updated workflow attached. From: EERE Senior Advisor Sent: Tuesday, June 12, 2018 8:01 PM To: EE Internal Communications Subject: EERE Comms Review Process Timing and Media Inquiries Good evening, As follow-up to this morning?s message, I have provided an updated EERE Communications work flow to reflect the revised timing for Front Office review. With this new timing, all materials for Front Office review must be sent to EERE Communications no later than Wednesdays at 10AM. Final drafts will be compiled by EERE Communications for the Front Office on Thursdays by COB. There will no longer be an opportunity to submit materials for Front Office/PA review outside of this workflow and timing (excluding media inquiries, which can be time sensitive). The timing of when the Policy Calendar is open and closed to submit entries and updates has not changed. To expedite the Communications review process, I strongly encourage programs to prepare packages of materials for the EERE Communications team. For instance, if an announcement strategy includes a press release, social media, talking points, fact sheet, and please send all of these materials to EERE Communications as one package. Please do not send these materials piecemeal for review. In addition, if a funding questionnaire is available for a funding announcement, please include it in the communications package that you are preparing. The Front Office has also asked that more robust descriptions of announcements are included in the Policy Calendar. Please make sure that entries in the Policy Calendar provide a comprehensive summary of the announcement, including what is being announced and why, if there?s an event that it is linked to, if there are any planned press activities for the announcement, etc. Please work with members of the EERE Comms team if you have any questions about what should be included in the Policy Calendar. Lastly, all media inquiries and media pitching will be conducted solely by EERE Communications. Please work with the Deputy Assistant Secretary Communications Leads and EERE Comms Media team to develop and execute all media strategies and to handle media inquiries. Thank you in advance for your cooperation as we work together to implement these changes. Please feel free to contact me or_with any questions. -- EERE Senior advisor Good morning, This is a preliminary email to inform those involved in EERE communications that the Front Office has requested the EERE Communications workflow timeline be adjusted. All communications materials requiring Front Office review will now be reviewed on Fridavs at 19AM. This will impact when materials are sent to Chiefs of Staff and the EERE Comms team. It will not impact the timing of Policy Calendar submissions. lwill be sending more robust email with further direction, guidance, and an updated EERE Communications Workflow document later today. Thankyou, Director of Stakeholder Engagement Of?ce of Energy Ef?ciency and Renewable Energy US. Department of Energy