The original rule-making language regarding the loan guarantees was very clear on one point, though: The use of technology overseas did not bar it from being defined as "innovative" when applied to a U.S. project. Issa has to admit this at the end of his Agua Caliente project attack.
"While according to the rule, foreign commercial use of a technology is not a bar to deeming domestic use innovative, the broad commercial use in Europe reflects the disrespect DOE applies to the actual innovativeness requirement."
Sources in Washington familiar with the loan program also note that the "innovative" clause was voluntarily added by the Department of Energy to the rulemaking process for the loan guarantee program, as opposed to being in the original language of the Energy Policy or stimulus acts. This does not suggest that the DOE was trying to "sneak" anything past Congress.
In the end, all Issa has when it comes to Agua Caliente is a charge of "disrespect."In short, accuse, damn, accuse, damn some more, add a major "however" that shows you don't really have a legal leg to stand on, and then damn again before moving on.
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