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Energy Department Seeks Input on Regulatory Reform
by: Tim L. Peckinpaugh, David L. Wochner of K&L Gates LLP  -  Global Power Law & Policy
Monday, June 12, 2017

On May 30, the Department of Energy (“DOE”) published a request for information (“RFI”) soliciting guidance on potential regulations that should be modified or repealed to reduce burdens and costs.  This is part of a government-wide initiative to overhaul the federal government’s regulatory regime, set in motion with an executive order signed by President Trump just after his inauguration.  This RFI also comes after President Trump signed an executive order, “Promoting Energy Independence and Economic Growth,” which seeks to review all regulatory actions that hamper the domestic production of fossil fuels and nuclear energy. 

The RFI sets forth a July 14, 2017 deadline for public comment.  Specifically, DOE is soliciting:

  • “Supporting data or other information such as cost information;” and

  • “Specific suggestions regarding repeal, replacement, or modification.”

The RFI includes almost a dozen specific, although non-exhaustive, questions to help guide the agency’s thoughts moving forward.  Those questions focus on:

  • Factors for prioritization of rules;

  • Best practices in data collection, including potential updates to current reporting requirements; and

  • Rules that can be easily justified in eliminating “without impairing DOE's statutory obligations.”

Regulated entities and others should take this opportunity to engage with DOE in order to highlight rules that merit review and to otherwise ensure their viewpoints are shared with key decision makers.  Stakeholders are in a unique position to influence the regulatory framework for decades to come.

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