February 13th, 2024

Seeking Clarity Regarding the EIA ICR through FOIA

Yesterday, the Chamber of Digital Commerce submitted a Freedom of Information Act (FOIA) request to the Energy Information Administration (EIA) following the launch of its data collection targeting U.S. cryptocurrency miners.

The justification provided by the EIA in its pursuit of approval from the White House’s Office of Management and Budget to collect data using emergency processes relied on politically motivated materials, particularly letters from Senator Elizabeth Warren. With the administration’s public acknowledgment of its intentions to hamper the continued operation of mining facilities, the unprecedented approval of the EIA’s data request raises questions.  

The Chamber is seeking to gain clarity on the role of elected officials in the agency’s consideration of mining as a practice that it claims must be urgently addressed to prevent public harm. The EIA failed to address mining’s uniquely flexible load and its demand response capabilities in its statements to OMB. It is unclear whether the justification for data collection was fulsome or the result of undue political influence.

For more information on the EIA’s FOIA process visit the website.