On January 13, 2022, the US Department of Energy (DOE) issued a notice of intent regarding its Building a Better Grid Initiative (Initiative), an effort to encourage the modernization of the nation’s existing electric transmission grid. The Initiative is the beginning of a rulemaking process required by the Infrastructure Investment and Jobs Act (Act), which President Biden signed into law late last year. The Act funds various investments in energy infrastructure, but its energy-related provisions are generally not self-implementing.1 Instead, executive agencies such as DOE are directed to commence implementation rulemaking proceedings to further clarify how the authority and funding provided by the Act will be used and allocated. The DOE notice issued as part of the Initiative is both preliminary and general in nature, and, unlike a formal notice of proposed rulemaking, it does not set forth proposed regulatory text.
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