Department of Energy Asks: What Regulations Would You Repeal?

The DOE has issued a Request for Information that seeks public input on “identifying existing regulations, paperwork requirements and other regulatory obligations” for possible modification or repeal as part of DOE’s implementation of the “One-In, Two-Out” executive order.  That executive order has two main directives: it sets a “Regulatory Cap” for the fiscal year 2017 and establishes “Annual Regulatory Cost Submissions to the Office of Management and Budget” for the fiscal year 2018 and beyond.  Both of these directives instruct agencies to identify two regulatory actions to repeal for every new regulatory action they propose.

In addition to soliciting comments that identify specific regulations for possible repeal, the Request for Information includes a list of broader questions designed to help DOE identify the regulations on which it should immediately focus.  These questions are:

(1) How can DOE best promote meaningful regulatory cost reduction while achieving its regulatory objectives, and how can it best identify those rules that might be modified, streamlined, or repealed?

(2) What factors should DOE consider in selecting and prioritizing rules and reporting requirements for reform?

(3) How can DOE best obtain and consider accurate, objective information and data about the costs, burdens, and benefits of existing regulations? Are there existing sources of data DOE can use to evaluate the post-promulgation effects of regulations over time? We invite interested parties to provide data that may be in their possession that documents the costs, burdens, and benefits of existing requirements.

(4) Are there regulations that simply make no sense or have become unnecessary, ineffective, or ill-advised and if so what are they? Are there rules that can simply be repealed without impairing DOE’s statutory obligations and, if so, what are they?

(5) Are there rules or reporting requirements that have become outdated and, if so, how can they be modernized to better accomplish their objective?

(6) Are there rules that are still necessary, but have not operated as well as expected such that a modified, or slightly different approach at lower cost is justified?

(7) Are there rules of the Department that unnecessarily obstruct, delay, curtail, or otherwise impose significant costs on the siting, permitting, production, utilization, transmission, or delivery of energy resources?

(8) Does DOE currently collect information that it does not need or use effectively?

(9) Are there regulations, reporting requirements, or regulatory processes that are unnecessarily complicated or could be streamlined to achieve statutory obligations in more efficient ways?

(10) Are there rules or reporting requirements that have been overtaken by technological developments? Can new technologies be leveraged to modify, streamline, or do away with existing regulatory or reporting requirements?

(11) Does the methodology and data used in analyses supporting DOE’s regulations meet the requirements of the Information Quality Act?

DOE has requested written comments and information by July 14, 2017.  The public can submit comments, either for this specific Request for Information or on an ongoing basis, to

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