in effect
This is a final rule from the Department of Energy (DOE), Office of Electricity — the last step that locks in a change first proposed in May 2025. It simplifies the process for applying to send (“transmit”) electric energy from the United States to a foreign country, which the Federal Power Act requires DOE to authorize unless the export would hurt U.S. electricity supply or interfere with the coordinated operation of the power system. It takes effect July 22, 2026, and amends the rules at 10 CFR Part 205.
DOE deletes the detailed application rules at sections 205.301 through 205.309 and keeps only a modified section 205.300, so applicants have to submit less information and fewer documents. It eliminates the $500 application filing fee, which DOE estimates saves applicants about $10,000 per year across roughly 20 applications annually. DOE will also stop its past practice of voluntarily inviting formal “protests” and “motions to intervene” through FERC’s Rule 211 and Rule 214 procedures, saying those steps added delay without value given DOE’s limited power to deny applications. Instead, DOE will meet the law’s “opportunity for hearing” requirement by publishing notice of applications (on its website or in the Federal Register) and accepting public comments by email into each application’s public file. Two wording edits were made: the rule now says “a person” may apply (matching the statute) and drops a proposed sentence stating DOE has a strong policy in favor of quickly approving applications.
The main people affected are companies applying to export electricity abroad — especially “power marketers,” which buy and sell electricity on the open market without owning power plants, and who file most of these applications. Members of the public or organizations who want to oppose an application are affected too, because they will now comment by email rather than file formal FERC-style protests or interventions. DOE itself is affected, as it expects the change to reduce its own processing workload.