As it scrambled to save the flagship company of the Obama administration's green energy program, the Energy Department ignored repeated warnings from top Treasury Department officials that it was not following guidelines in refinancing Solyndra's half-billion dollar federal loan, a Congressional hearing Friday revealed.
When the DOE refinanced the government's $535 million loan to the California solar panel manufacturer in February, it agreed to let investors, including a major Obama fundraiser, stand in line before the public to recoup the first $75 million of their investment should the company fail. Solyndra declared bankruptcy six weeks ago.
During a House Energy and Commerce hearing on the refinancing of the loan Friday, Rep. Cliff Stearns, R.-Fla., chairman of the Committee's Oversight and Investigations Subcommittee, asked Treasury Department CFO Gary Burner if he had ever seen another case where taxpayer money was subordinated to that of investors.
"No sir, I have not," said Burner, who has been with the department for 28 years, becoming chief financial officer five years ago.
Internal Treasury Department documents released by the committee also show that officials warned DOE and the White House about the refinancing.
The Office of Management and Budget also raised questions, emails show. In December 2010, as DOE moved to restructure the loan, an OMB official wrote: “There are some questions at the staff level about how DOE is going about the restructuring for Solyndra. At least one involves the legal question of what [the statute] means for their plan to make some of the debt “junior” to the new debt. … I think they have stretched this definition beyond its limits.”