Future cryptocurrency mining data collection to use notice-and-comment procedures
Company: Riot
The claim, verbatim
EIA will not proceed through emergency collection procedures and will instead use the PRA's notice-and-comment procedures to determine whether to request OMB approval for any collection of cryptocurrency mining data.
Source (primary)
Texas Blockchain Council v. Department of Energy — Entry #24: NOTICE of Agreement by Department of Energy, Energy Information Administration, Jennifer M (RECAP, court_filing)
View cached copy (2026-09-03)Live source ↗
Quote: “EIA explained that it "has decided that it will not proceed through the emergency collection procedures set forth in 44 U.S.C. § 3507(j) and 5 C.F.R. § 1320.13 with respect to an information collection covering data of the type described in Form EIA-862" and "will proceed through the PRA's notice-and-comment procedures . . . to determine whether to request that OMB approve any collection of information covering such data."”
How we checked this
Checked on October 10, 2026. The cited source supports every part of this claim.
The order quotes EIA Administrator DeCarolis's letter saying EIA will not use emergency procedures and will instead use PRA notice-and-comment procedures before seeking OMB approval. It also refers to a possible future cryptocurrency mining survey.
Confirmed in the source:
- EIA decided it will not proceed through the emergency collection procedures of 44 U.S.C. § 3507(j) and 5 C.F.R. § 1320.13 for a collection covering data of the type in Form EIA-862
- EIA will proceed through the PRA's notice-and-comment procedures to determine whether to request OMB approval of any collection covering such data
- The data at issue relates to a potential cryptocurrency mining survey
What we did: Read our cached copy of RECAP (https://archive.org/download/gov.uscourts.txwd.1172776308/gov.uscourts.txwd.1172776308.24.3.pdf) in full (5,483 characters, retrieved September 3, 2026) and checked each assertion in the claim against it.
Additional evidence
confirms Texas Blockchain Council v. Department of Energy — Entry #24: NOTICE of Agreement by Department of Energy, Energy Information Administration, Jennifer M
Quote: “EIA explained that it "has decided that it will not proceed through the emergency collection procedures set forth in 44 U.S.C. § 3507(j) and 5 C.F.R. § 1320.13 with respect to an information collection covering data of the type described in Form EIA-862" and "will proceed through the PRA's notice-and-comment procedures . . . to determine whether to request that OMB approve any collection of information covering such data."”
confirms Texas Blockchain Council v. Department of Energy — Entry #25: ORDER GRANTING [16] Motion CHAMBER OF DIGITIAL COMMERCES MOTION FOR LEAVE TO INTERVENE AS PLAINTIFF
Quote: “EIA 'has decided that it will not proceed through the emergency collection procedures set forth in 44 U.S.C. § 3507(j) and 5 C.F.R. § 1320.13' and 'will proceed through the PRA's notice-and-comment procedures . . . to determine whether to request that OMB approve any collection of information covering such data'”