According to CoinDesk, the U.S. Department of Energy (DOE) is preparing for a second attempt to survey cryptocurrency mining companies about their energy usage. This comes after the first attempt was halted by a lawsuit. This time, the DOE is seeking input from industry participants before proceeding.
The Energy Information Administration (EIA), a federal agency within the DOE responsible for energy statistics and analysis, hosted a public webinar to gather feedback from the public, including crypto miners and industry participants. The feedback will be used to shape the survey ahead of a planned rulemaking proposal to be published in the Federal Register.
In January, the EIA proposed a mandatory survey for nearly 500 commercial crypto miners, requiring them to provide detailed data about their energy use. Failure to comply could result in civil and criminal penalties. The Office of Management and Budget (OMB) authorized the survey as an emergency data collection request, bypassing the usual notice and comment process.
The proposal was met with strong opposition from crypto miners. Marty Bent, director at bitcoin mining firm Cathedra Bitcoin, criticized the mandatory survey as 'Orwellian' and expressed concern that it could lead to a detailed registry of mining operations in the U.S. In response, the Texas Blockchain Council (TBC) and mining company Riot Platforms filed a lawsuit against the DOE, EIA, OMB, and various officials, accusing them of violating the Administrative Procedure Act (APA). They called for a temporary restraining order and injunction to suspend the survey until a proper notice and comment process had been observed.
The EIA agreed to temporarily suspend the survey in February. Now, they are making a second attempt, with more than 100 attendees joining the EIA’s 45-minute webinar. Suggestions from the webinar included the inclusion of traditional data centers in the survey and the selection of an outside institution to run the survey.
Stephen Harvey, an official with the EIA, stated that the agency is currently developing a preliminary proposal expected to be published in the Federal Register this quarter. It will then undergo a 60-day comment period during which the industry can respond. After that, there will be a 30-day review process, after which the decision on whether the EIA can proceed with the survey will be in the hands of the OMB.