Mountain Mail Newspaper, CO 06-06-07 Congress should hold itself accountable for high gas prices Guest Opinion by James M. Taylor The U.S. House of Representatives this week passed legislation that would make it a federal crime, complete with prison sentences of as many as 10 years, for anybody to sell gasoline at prices "unconscionably excessive" or that take "unfair advantage" of consumers in an energy emergency. If causing fuel to be sold at unnecessarily high prices were already a crime, Congress would have no alternative but to throw itself in jail. The House legislation is remarkable in that it fails to acknowledge government responsibility for much of the problem of spiking gasoline prices. While gasoline consumption is growing by more than 2 percent a year, U.S. refinery production is growing by only 0.5 percent a year. This is creating the bottleneck in U.S. supply largely responsible for recent price increases. The bottleneck, ironically enough, was caused in the first place by government interference in the marketplace. Last year, U.S. oil companies announced plans to expand refineries to add capacity of 1.6 million to 1.8 million barrels per day. Those plans were dramatically scaled back, however, after President George W. Bush in his January State of the Union Address called for a dramatic increase in biofuel production. Bush is seeking to induce, and Congress is seeking to mandate, an increase in annual biofuel production from roughly 6 billion gallons today to 35 billion gallons by 2017. With Washington politicians fighting each other to see who can require the greatest increase in biofuel production, it makes no sense for anybody to invest in expansion of oil refineries. After all, why invest money to produce something the government is doing its best to replace? Investing in additional refinery capacity has suddenly become very risky. In the meantime, gasoline demand continues to grow, biofuels are nowhere near being ready to meet growing demand and government has just imposed an 800pound gorilla of a disincentive to expand refinery capacity. The predictable end result has been sharply rising gas prices. Still more disturbing is the hike in prices that will occur if and when government succeeds in imposing massive increases in biofuel production on American consumers. Even with a 51-cent-per-gallon federal subsidy (which we all pay for, of course), a gallon of ethanol typically sells for slightly more than a gallon of gasoline. But ethanol is a less-efficient fuel source than gasoline, providing only 70 percent of the miles per gallon gasoline provides. This makes ethanol a substantially more expensive fuel than gasoline. Ethanol prices, moreover, will rise dramatically under a government-induced increase in ethanol production. Corn prices have already doubled since last year, due largely to rising ethanol demand. This is pushing up prices of both ethanol and food. According to a just-released study by Iowa State University, growing ethanol production caused a $14 billion rise in food prices last year. The fivefold increase in biofuel production envisioned by Congress and President Bush will lead to still higher spikes in food and fuel prices. All of this, keep in mind, is justified by Congress and the president as a response to gasoline prices that have yet to approach the price of ethanol. This brings us back to the question of who is really forcing American consumers to pay "unconscionably excessive" fuel prices. If Congress wants to threaten prison time for those responsible, it should at least have the decency to make itself subject to the same laws and penalties. James M. Taylor is senior fellow for environment policy at The Heartland Institute, a national nonprofit research and education organization founded in Chicago in 1984. It is not affiliated with any political party, business, or foundation.