Notice & Comment

DOE Seeks Input On Soliciations For Pollution Reducing Energy Projects, by Shannon Allen

The Loan Programs Office (“LPO”) of the Department of Energy (“DOE”) requests comments on a potential solicitation announcement for Federal Loan Guarantees for Advanced Fossil Energy Projects.  In a press release on July 2, 2013, the DOE, as a part of President Obama’s Climate Action Plan,” announced the solicitation for new and “advanced fossil energy projects and facilities” that significantlydecrease “greenhouse gas and other air pollution.”  The DOE is authorized by Section 1703 of the Energy Policy Act of 2005 to “support innovative clean energy technologies” that are normally not capable of acquiring traditional “private financing” because of “high technology risks.”

If the DOE moves forward with the potential solicitation, “applicants would be invited to apply for loan guarantees from [the] DOE” to fund projects located in the U.S.  The potential future solicitation for “Advanced Fossil Energy Projects” makes available to the DOE up to “Eight Billion Dollars ($8,000,000,000) in loan guarantee authority.”

In the proposed potentially broad solicitation, the DOE 1) contemplates including “all fossil fuels” (e.g. coal, natural gas, oil, shale gas, oil gas, coal bed methane, methane hydrates, and others.), 2) considers including both “electrical and non-electrical fossil energy use,” and 3) considers including projects that:

  • avoid, reduce, or sequester air pollutants or anthropogenic emission of greenhouse gases,
  • employ New or Significantly Improved Technology, and
  • use advanced fossil energy technology described in one or more of the following areas: advanced resource development; carbon capture; low-carbon power systems; or efficiency improvements.  

The LPO invites comments regarding the draft of the potential future solicitation announcement.”  Comments from interested industries, stakeholders, and the public are due by September 9, 2013.  The DOE seeks comments regarding every part of the draft solicitation, but is “particularly interested” in input about the weighting percentage allocated to each category for evaluations (Programmatic, Technical, Policy, and Financial),” as well as the actual “categories themselves.”

Comments may be submitted in writing to:

  • David G. Frantz, Deputy Executive Director, Loan Programs Office, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585.
  • For Further Information, please contact David G. Frantz at:

This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice Notice and Comment blog, which merged with the Yale Journal on Regulation Notice and Comment blog in 2015.

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