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EIA must receive all comments on this proposed information collection no later than May 5, 2026. If you anticipate any difficulties in submitting your comments by the deadline, contact the person listed in the ADDRESSES section of this notice as soon as possible.
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AGENCY:
U.S. Energy Information Administration (EIA), U.S. Department of Energy (DOE).
ACTION:
Notice and request for comments.
SUMMARY:
EIA invites public comment on the proposed extension of the collection of information for the EIA-860S: State Level Generator Air Permit Inventory Report, as required under the Paperwork Reduction Act of 1995. The original collection was approved by the Office of Management and Budget on February 12, 2026, under the emergency approval provisions of the Paperwork Reduction Act.
DATES:
EIA must receive all comments on this proposed information collection no later than May 5, 2026. If you anticipate any difficulties in submitting your comments by the deadline, contact the person listed in the
ADDRESSES
section of this notice as soon as possible.
ADDRESSES:
You may submit comments, identified by OMB control number 1905-0215, by email at
EIA-FRNcomments@eia.gov.
Include the OMB control number listed in the subject line of the message.
(2)
Information Collection Request Title:
EIA-860S: State Level Generator Air Permit Inventory Report;
(3)
Type of Request:
Three-year extension without change;
(4)
Purpose:
The central mission of the U.S. Energy Information Administration (EIA), as established by the Department of Energy (DOE) Organization Act of 1977, is to collect, evaluate, assemble, analyze, and disseminate energy data. Section 7135 specifies that, among other characteristics, the data should be relevant to the adequacy of energy resources to meet demand. The EIA-860, Annual Electric Power Industry Report, is a critical tool for this mission, maintaining a census of U.S. electricity generating units with a capacity of 1 megawatt or greater, and informing DOE's emergency response activities, among other purposes.
On February 12, 2026, the Office of Management and Budget (OMB) granted emergency approval under the Paperwork Reduction Act (PRA) for EIA to immediately commence annual data collection on the EIA-860S. The purpose of this urgent collection is to ensure the EIA-860 sampling frame comprehensively covers the power generator population. This emergency request is critically important for enhancing the completeness and accuracy of the EIA-860 sampling frame, particularly in relation to backup generators. While the EIA-860 typically includes backup generators exceeding the 1 MW threshold, many are inconsistently reported or omitted due to capacity limitations or intermittent operation, resulting in significant data gaps. The absence of thorough data on these generators creates a substantial void in our understanding of the total U.S. grid capacity and overall resilience. This deficiency could impede effective emergency response and potentially lead to widespread power outages, economic disruptions, and loss of life.
The reliable operation of the U.S. electrical grid is critically dependent on detailed information regarding its components, including backup generation facilities. EIA has observed unprecedented increases in electricity demand, with forecasts indicating sustained growth in 2026 and 2027, marking the strongest four-year growth period since the turn of the century. This escalating demand, coupled with existing capacity challenges, places significant strain on the national electric grid, posing risks to national and economic security.
These concerns are underscored by three Executive Orders issued by President Donald J. Trump: Executive Order 14156, “Declaring a National Energy Emergency” (January 20, 2025), which cites “precariously inadequate and intermittent energy supply, and an increasingly unreliable grid”; Executive Order 14262, “Strengthening the Reliability and Security of the United States Electric Grid” (April 8, 2025), which highlights the strain on the grid from increased demand and the risk of unreliability; and Executive Order 14365, “Ensuring a National Policy Framework for Artificial Intelligence” (December 11, 2025), which notes an “unprecedented surge in electricity demand driven by rapid technological advancements, including the expansion of artificial intelligence data centers and increase in domestic manufacturing.”
Further emphasizing the urgency are the 36 emergency orders issued by DOE
( printed page 11070)
under section 202(c) of the Federal Power Act (FPA) since January 2025, a stark increase compared to one such order in each of 2023 and 2024. These orders, affecting regions nationwide, inherently signify official declarations of an “emergency” within the electric power system.
Due to the unanticipated nature of these circumstances and the urgent need to improve the sampling frame of the EIA-860 survey, EIA was unable to allow for the time periods normally required for clearance under the PRA before collecting this information. The approval granted by OMB is through August 31, 2026. This approval allows EIA to conduct the EIA-860S for up to 6 months. EIA now seeks to extend clearance for the survey for an additional three years.
(5)
Annual Estimated Number of Respondents:
56;
(6)
Annual Estimated Number of Total Responses:
56;
(7)
Annual Estimated Number of Burden Hours:
280;
(8)
Annual Estimated Reporting and Recordkeeping Cost Burden:
The cost of the burden hours is estimated to be $26,583 (280 burden hours times $94.94 per hour). EIA estimates that respondents will have no additional costs associated with the surveys other than the burden hours and maintenance of the information as part of the normal course of business.
Comments are invited on whether or not: (a) The proposed collection of information is necessary for the proper performance of agency functions, including whether the information will have a practical utility; (b) EIA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used, is accurate; (c) EIA can improve the quality, utility, and clarity of the information it will collect; and (d) EIA can minimize the burden of the collection of information on respondents, such as automated collection techniques or other forms of information technology.
4 comments have been received at Regulations.gov.
Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). Submitted comments may not be available to be read until the agency has approved them.