On May 16, 2025, the U.S. Department of Energy (DOE) issued a Notice of Proposed Rulemaking (NOPR) that would fundamentally restructure the procedure for obtaining authorization to export electric energy from the United States to foreign countries under § 202(e) of the Federal Power Act.1 DOE proposes removing nearly the entirety of the existing regulatory text in 10 C.F.R. §§ 205.301–205.309 and leaving only a single, substantially abbreviated provision. Framed as part of the Trump administration’s broader initiative to reduce regulatory burdens and “unleash American energy,” the proposed rule would align electricity-export authorizations with DOE’s streamlined approach to blanket natural-gas export orders.
The current regulatory regime requires applicants to submit certain information, including the legal name of the applicant and its partners; contact information of the applicant; the state or territory of incorporation, of organization, or where authorized to operate; any known authorities with jurisdiction over the proposed export; a description of the transmission facilities; and a technical discussion of the export’s reliability, fuel use, and system stability impacts. Current regulations also require exhibits regarding the contract under which the electricity will be exported; a signed opinion of counsel attesting to the applicant’s corporate authority to engage in the export and the applicant’s compliance with all pertinent federal and state laws; a general map showing the applicant’s electric system and proposal for facilities to be used for generation and transmission; a power of attorney (if the applicant has a principal office outside the United States); any corporate relationships or existing contracts related to control of rates for the sale or transmission of electricity; and operating procedures to inform neighboring electric utilities of the available capacity and energy that may be in excess of the applicant's requirements.2 Applications must be accompanied by a $500 filing fee and followed by annual export-volume reports.3
DOE now proposes to repeal this regulatory regime and replace it with a revised 10 C.F.R. § 205.300 — establishing what DOE characterizes as a flexible, applicant-driven submission process.4 Under the proposed rule, an applicant would transmit information it deems relevant to DOE’s determination under Federal Power Act § 202(e) regarding whether the proposed export impairs the sufficiency of the electric energy supply within the United States or tends to impede the coordination in the public interest of jurisdictional facilities. Applicants would no longer be required to submit the specific information and exhibits as outlined above nor the application fee. In addition, applicants would not be required to comply with annual reporting obligations. DOE expressly states in the proposed rule that it intends to act “quickly and expeditiously” to review export applications.5
The NOPR invites public comment, specifically including (but not limited to) whether the existing rules are up to date as well as their consistency with applicable laws; impact on national security; effect on small businesses and entrepreneurship; and costs and benefits. The public is also invited to comment on the potential application of categorical exclusions under DOE’s National Environmental Policy Act regulations to the proposed rulemaking and on DOE’s tentative determination that the rulemaking does not constitute a “significant energy action” under Executive Order 13211. Comments are due by July 15, 2025.6
Summer associate Emily Dwight* contributed to this Sidley Update.
*not admitted to practice
1 Application for Authorization to Transmit Electric Energy to a Foreign Country, 90 Fed. Reg. 20826 (proposed May 16, 2025) (to be codified at 10 C.F.R. § 205.300).
2 10 C.F.R. §§ 205.302–205.304 (2025).
3 10 C.F.R. §§ 205.308 -205.309 (2025).
4 Application for Authorization to Transmit Electric Energy to a Foreign Country, 90 Fed. Reg. 20826 (proposed May 16, 2025) (to be codified at 10 C.F.R. § 205.300).
5 Id.
6 Id.
