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Testimony of

William M. Flynn, Vice President

New York State Energy Research and Development Authority

before the

United States House of Representatives
Sub-Committee on the Coast Guard and Marine Transportation

March 29, 2000

17 Columbia Circle· Albany, New York 12203-6399 · (518) 862-1090 · fax (518) 862-1091

Chairman Gilchrest, Congressman DeFazio, distinguished committee members, and guests. On behalf of Governor Pataki and the residents of New York State, I want to thank you for the opportunity to testify today regarding the role that the United States Coast Guard played in helping New York consumers meet their energy supply needs this past winter.

There is not another state in the union that relies on heating oil more than New York to meet its heating needs. Forty-three (43%) percent of New York's households use oil for space heating. That's 2.9 million households, making New York's residential sector the largest consumer of heating oil and kerosene, or distillate fuels, in the nation. New York State accounts for 20% of the total U.S. distillate demand.

Furthermore, New York consumes more than 5.6 billion gallons of gasoline, and nearly 1 billion gallons of diesel fuel annually.

This data highlights the importance that New York consumers place on the timely resupply of petroleum products to meet the State's heating and transportation needs.

While record setting petroleum prices in the Northeast attracted national attention these past few months, I want to focus on the role that the Coast Guard's ice breaking activities played in helping protect the public health and safety of New York residents, as well as consumers in western Massachusetts, Connecticut and Vermont who are served by New York oil terminals.

From November through February, New York's residential, commercial, and industrial customers consume on average 13.1 million gallons of distillate fuel per day. At its peak in January, demand hit a high of approximately 17 million gallons per day.

A small portion of that demand was for kerosene, which is an important fuel in the Northeast. Kerosene is used as a blending agent for heating oil and diesel fuel to prevent gelling and improve viscosity in low winter temperature, with a relatively small amount being used for space heating purposes. Kerosene aside, when you look at the enormous amount of daily distillate fuel use, you can begin to see the huge economic impact as well as the critical role of transporting these fuels throughout the Northeast.

The primary method to move petroleum products throughout the Northeast is water-borne transport including coastal tankers and barges. Keeping these vessels moving is vital because the petroleum industry no longer maintains large product inventories.

The petroleum industry, like other industries, has adopted "just in time re-supply" of inventories. This change in industry practice that developed over the last several years has had a large impact in New York. According to New York State Department of Environmental Conservation data, New York's total petroleum bulk storage capacity has declined by 15% and our heating oil storage capacity has declined by nearly 20% over the past five years. Additionally, over this same period, in-state storage capacity for gasoline fell by over 17%.

I understand that New York State is not alone in seeing its storage capacity decline. There are several reasons for this decline in New York, those being the high costs associated with meeting more stringent environmental regulations, increasing insurance and carrying costs to hold petroleum products, and the lack of market incentives to build and maintain new facilities.

This decline in storage capacity and inventory makes the Coast Guard's ice-breaking mission even more critical to ensuring that petroleum products are in place when they are needed. NYSERDA, New York's agency with primary responsibility for energy emergencies, annually meets with personnel from the United States Coast Guard Activities New York station prior to the start of the heating season. We review ice-breaking procedures and establish lines of communication to track the movement of products in New York Harbor, on the Hudson River and into Long Island Sound.

Coast Guard Activities New York maintains five ice-breakers that work in New York Harbor and on the Hudson River. Two of these ice breakers, the Penobscot Bay and the Sturgeon Bay are 140 footers, while the Hawser, Line and Wire are 65 footers. While the main purpose of these assets is ice-breaking activities, they also perform other functions worthy of mention such as Search and Rescue, Maritime Law Enforcement, and Port Safety and Security to name a few.

The primary source of petroleum products for eastern New York, southern Vermont and western Massachusetts and Connecticut are the oil terminals located on the 150- mile stretch of the Hudson River from New York Harbor to Troy, New York. Eastern New York and the western region of New England, with a population of 4.1 million, have nearly 650,000 homes heated with petroleum. These oil terminals, which supply a major share of the region's heating oil, are also important sources of kerosene, diesel fuel, jet fuel and gasoline.

Quoting Governor Pataki, "New York is no stranger to adversity" During the past few years New York has seen nature's forces take a toll on our State with floods, ice storms, and other natural disasters. Those crisis situations have helped the State refine its emergency response capabilities and this most recent threat to the health and safety of our residents was no different.

New York's emergency response was immediately initiated when we were contacted by industry officials about the impending home heating oil shortage. Governor Pataki directed NYSERDA, the State Emergency Management Office, the Public Service Commission, and the Consumer Protection Board to establish an around-the-clock coordinated effort. Telephone hotlines were established immediately to handle emergency calls for shelter or heating assistance and to report suspected instances of price gouging. State officials began contacting county energy emergency coordinators across the State to assess their local situation. Daily calls were placed to dealers to assess supply problems and price trends. Heating oil distributors were also supplied with emergency contact information for their customers in the event they experienced a shortfall in supply.

Daily contact with the U.S. Coast Guard also was established.

There is a rich history of cooperation between New York State government and the US Coast Guard dating back to the 1930's.

Former New York Governor and then President Franklin D. Roosevelt, issued an Executive Order in December of 1936 that directed the Coast Guard to "...assist in keeping open to navigation by means of ice breaking operations ...channels and harbors within the reasonable demands of commerce." (Executive Order 7521, December 21, 1936) Since that time, Coast Guard ice-breakers have provided critical support to the everyday activities in New York Harbor and along the Hudson River as far north as Green Island, near Troy, New York.

Coast Guard Activities New York ice-breaking assets, the larger 140foot ice -breakers and the smaller 65- foot vessels, perform different functions. The 140 foot vessels are used to open and maintain the main shipping channels, while the 65- foot vessels break ice in shallow water close to docks. Since 1963, the 65- footers have provided this unique and critical service of breaking-ice close to docks. We realize that these vessels are getting old. However, their mission is more critical today then when they went into service nearly 40 years ago. Less storage capacity and greater demand for petroleum products have made it so.

The Coast Guard reports that between mid-December and mid-March over 509 million gallons of petroleum fuels were delivered by 274 barge deliveries to oil terminals along the Hudson River. These deliveries represented an increase of nearly 6% as compared to 1999. Heating oil comprised over 131 million gallons of this total. We estimate that these products had a retail value of over $750 million.

To put these volumes and deliveries into perspective, we estimate that it would have taken over 46,000 separate truck loads of product to transport the same volume of fuel that was shipped by barge this season.

More importantly, the Coast Guard ice-breakers were a vital element in ensuring the timely re-supply of these terminals. The Coast Guard ice breakers helped to keep the Hudson River and New York harbor navigable. The Coast Guard was also called on over 90 times to free tugs and barges that were stuck, unable to move their needed oil cargoes to market.

The 65-footers have the unique ability to ice-break near docks in shallow water because of their 8 foot draft. Because of ice build up like that experienced this past winter, the 65- footers were invaluable because they were able to break ice close to docks, thereby enabling petroleum barges to enter the docking area and unload fuel. The 65 footers also perform another extremely important function. They are able to break-up ice packs near the mouths of streams flowing into the Hudson River to prevent flooding. Failure to provide this type of relief could result in flooding of low-lying areas upstream. The 140-foot ice- breakers with their deeper draft are unable to perform this type of flood relief activity.

From New York State's perspective, we are concerned that Congress has mandated that the Coast Guard cut its budget this Fiscal Year and that the funds for the 65- footers are in jeopardy. While some may view the 65- footers as low- priority assets that are under-used and that their current mission can be fully covered by other existing resources, we respectfully disagree. Although these vessels are old, they provide an essential service that no other vessel can provide. We understand that it costs about $1.2 million annually to operate all three 65- footers, We believe this is a small price to pay for the public health and safety of the 4.1 million residents that rely on some form of petroleum product to meet their heating and transportation needs.

We respectfully urge Congress and the Coast Guard to dedicate funding for these vessels in the next Fiscal Year as well as in the years to come.

It is also imperative that consideration be given to funding the design and construction of the next generation of shallow-draft ice-breakers to replace these 65- footers.

On behalf of Governor Pataki and the citizens of the State of New York, I would like to thank you for the opportunity to testify today. I would be happy to answer any questions you may have.


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