
What GAO Found
United States Government Accountability Office
Why GAO Did This Study
Highlights
Accountability Integrity Reliability
Jul
2010
DEPARTMENT OF ENERGY
Further Actions Are Needed to Improve DOE’s Ability
to Evaluate and Implement the Loan Guarantee
Program
Highlights of GAO-10-627, a report to
congressional committees
Since the Department of Energy’s
(DOE) loan guarantee program
(LGP) for innovative energy
projects was established in Title
XVII of the Energy Policy Act of
2005, its scope has expanded both
in the types of projects it can
support and in the amount of loan
guarantee authority available. DOE
currently has loan guarantee
authority estimated at about $77
billion and is seeking additional
authority. As of April 2010, it had
issued one loan guarantee for $535
million and made nine conditional
commitments. In response to
Congress’ mandate to review
DOE’s execution of the LGP, GAO
assessed (1) the extent to which
DOE has identified what it intends
to achieve through the LGP and is
positioned to evaluate progress and
(2) how DOE has implemented the
program for applicants. GAO
analyzed relevant legislation, prior
GAO work, and DOE guidance and
regulations. GAO also interviewed
DOE officials, LGP applicants, and
trade association representatives.
What GAO Recommends
GAO recommends that DOE
develop performance goals
reflecting the LGP’s policy goals
and activities; revise the loan
guarantee process to treat
applicants consistently unless there
are clear, compelling grounds not
to do so; and develop mechanisms
for administrative appeals and for
systematically obtaining and
addressing applicant feedback.
DOE said it is taking steps to
address GAO’s concerns but did
not explicitly agree or disagree
with the recommendations.
DOE has broadly indicated the program’s direction but has not developed all
the tools necessary to assess progress. DOE officials have identified a number
of broad policy goals that the LGP is intended to support, including helping to
mitigate climate change and create jobs. DOE has also explained, through
agency documents, that the program is intended to support early commercial
production and use of new or significantly improved technologies in energy
projects that abate emissions of air pollutants or of greenhouse gases and
have a reasonable prospect of repaying the loans. GAO has found that to help
operationalize such policy goals efficiently and effectively, agencies should
develop associated performance goals that are objective and quantifiable and
cover all program activities. DOE has linked the LGP to two departmentwide
performance goals, namely to (1) double renewable energy generating
capacity by 2012 and (2) commit conditionally to loan guarantees for two
nuclear power facilities to add a specified minimum amount of capacity in
2010. However, the two performance goals are too few to reflect the full range
of policy goals for the LGP. For example, there is no performance goal for the
number of jobs that should be created. The performance goals also do not
reflect the full scope of program activities; in particular, although the program
has made conditional commitments to issue loan guarantees for energy
efficiency projects, there is no performance goal that relates to such projects.
Without comprehensive performance goals, DOE lacks the foundation to
assess the program’s progress and, more specifically, to determine whether
the projects selected for loan guarantees help achieve the desired results.
DOE has taken steps to implement the LGP for applicants but has treated
applicants inconsistently and lacks mechanisms to identify and address their
concerns. Among other things, DOE increased the LGP’s staff, expedited
procurement of external reviews, and developed procedures for deciding
which projects should receive loan guarantees. However, GAO found:
• DOE’s implementation of the LGP has treated applicants inconsistently,
favoring some and disadvantaging others. For example, DOE conditionally
committed to issuing loan guarantees for some projects prior to completion
of external reviews required under DOE procedures. Because applicants
must pay for such reviews, this procedural deviation has allowed some
applicants to receive conditional commitments before incurring expenses
that other applicants had to pay. It is unclear how DOE could have sufficient
information to negotiate conditional commitments without such reviews.
• DOE lacks systematic mechanisms for LGP applicants to administratively
appeal its decisions or to provide feedback to DOE on its process for issuing
loan guarantees. Instead, DOE rereviews rejected applications on an ad hoc
basis and gathers feedback through public forums and other outreach
efforts that do not ensure the views obtained are representative.
Until DOE develops implementation processes it can adhere to consistently,
along with systematic approaches for rereviewing applications and obtaining
and addressing applicant feedback, it may not fully realize the benefits
envisioned for the LGP.
View GAO-10-627 or key components.
For more information, contact Frank Rusco at
(202) 512-3841 or ruscof@gao.gov.