How two 2015 laws are draining America’s energy backstop—and slowing efforts to refill it

The Biden administration’s effort to replenish America’s crucial energy reserve was dealt a setback this week with the news that existing laws will force the administration — despite its objections — to sell 26 million additional barrels out of the reserve in coming months.

These Congressionally-mandated sales not only will bring the level of the Strategic Petroleum Reserve (SPR) to new lows not seen since the 1980s, they will also put a hold on the ongoing purchase efforts to refill it — at least for now, a senior Department of Energy official told Yahoo Finance in an interview Friday.

“We've mapped out those windows [for replenishment] and of course we'll continue to evaluate them, but we're kind of stuck right now,” the official said.

“It's all based on operational capacity,” the official said, noting that the mandates from the Bipartisan Budget Act of 2015 and the Fixing America’s Surface Transportation Act offer limited flexibility during fiscal year 2023. As a result, the administration plans to make those required moves first — from April 1 through June 30 of this year — before any replenishment.

“We need to do this, so we're not going to do replenishment in those windows,” the official added.

The SPR currently sits at about 371 million barrels, already its lowest level in decades. The administration hopes to add back 60 million barrels to the reserve as a first step and is publicly aiming for a repurchase price of around $70/barrel.

And even before this week's news, energy officials had telegraphed that replenishment efforts would be a long process. In May 2022, soon after oil sales started from the SPR — following Russia's invasion of Ukraine — the department announced a call for bids to eventually restock the reserve and projected a delivery window to begin "likely after FY 2023." The 2023 fiscal year ends Sept. 30.

‘Most of the pressure has come to the upside’

But hopes were raised for quicker action about four weeks ago when Energy Secretary Jennifer Granholm expressed her optimism about refilling the SPR in a White House appearance. She even teased that an announcement on the plan around those 60 million barrels goal was in the offing.

“It’s going to happen very soon,” she said to a room full of reporters.

Then, in the weeks since, the details of the congressional mandate as well as forecasts for higher global oil prices have offered a challenge to the refilling efforts.

“Most of the pressure has come to the upside lately,” Bob Iaccino, Path Trading Partners co-founder, said in a Yahoo Finance Live interview this week. He said higher prices and the mandated sales are “going to put the president and the SPR specifically in a pretty bad spot going forward.”