77202 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 

Signed in Washington, DC, on November 

25, 2020. 

Amy Sweeney, 

Director, Office of Regulation, Analysis, and 

Engagement, Office of Fossil Energy. 

[FR Doc. 2020–26490 Filed 11–30–20; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Notice of Guidance for Potential 

Applicants Involving Critical Minerals 

and Related Activity 

AGENCY: Loan Programs Office, 

Department of Energy. 

ACTION: Notice of guidance for potential 

applicants involving critical minerals 

and related activity. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) hereby provides notice 

of guidance for applicants to the Loan 

Programs Office under Title XVII of the 

Energy Policy Act of 2005 (Title VXII) 

and the Energy Independence and 

Security Act of 2007 (ATVM statute). 

The guidance describes the types of 

applicants and projects that may be 

considered by the Loan Programs Office 

under Title XVII and the ATVM statute. 

DATES: DOE will accept applications 

regarding the foregoing from December 

1, 2020 through February 1, 2021. For 

further information, please visit: https:// 

www.energy.gov/lpo/applicationprocess. 

ADDRESSES: Interested parties are to 

submit applications electronically 

through the following link: https://

www.energy.gov/lpo/applicationprocess. Additional guidance and 

information may be found at: https://

www.energy.gov/lpo/loan-programsoffice. 

FOR FURTHER INFORMATION CONTACT: 

Questions may be addressed to: John 

Lushetsky, Senior Advisor, Loan 

Programs Office, (202) 586–2678, U.S. 

Department of Energy LP 10, 1000 

Independence Avenue SW, Washington 

DC, 20585, or by email to: 

john.lushetsky@hq.doe.gov. Electronic 

communications are recommended for 

correspondence and required for 

submission of application information. 

SUPPLEMENTARY INFORMATION: Executive 

Order 13953 (‘‘Executive Order 

Addressing the Threat to the Domestic 

Supply Chain from Reliance on Critical 

Minerals from Foreign Adversaries,’’ 

dated September 30, 2020, establishes 

policy pertaining to lending activities by 

the U.S. Department of Energy Loan 

Programs Office (‘‘LPO’’) pursuant to 

Title XVII of the Energy Policy Act of 

2005, as amended (42 U.S.C. 16511, et 

seq.) (‘‘Title XVII’’), and Section 136 of 

the Energy Independence and Security 

Act of 2007, as amended (42 U.S.C. 

17013) (the ‘‘ATVM Statute’’), as they 

apply to ‘‘Critical Minerals,’’ ‘‘Critical 

Minerals Production,’’ and related 

activities, including activities related to 

minerals more broadly. See: https://

www.whitehouse.gov/presidentialactions/executive-order-addressingthreat-domestic-supply-chain-reliancecritical-minerals-foreign-adversaries. 

‘‘Critical Minerals’’ and ‘‘Critical 

Minerals Production,’’ involving thirtyfive identified Critical Minerals, are 

further defined by Section 2(b) of 

Executive Order 13817 (‘‘A Federal 

Strategy to Ensure Secure and Reliable 

Supplies of Critical Minerals,’’ dated 

December 20, 2017). See: https://

www.whitehouse.gov/presidentialactions/presidential-executive-orderfederal-strategy-ensure-secure-reliablesupplies-critical-minerals. 

Preference for Minerals, Including 

Critical Minerals 

Pursuant to Executive Order 13953 

and Executive Order 13817, it is the 

policy of LPO to consider all eligible 

projects under Title XVII and the ATVM 

Statute in the context of Critical 

Minerals and the production of Critical 

Minerals and other minerals. Consistent 

with the policies expressed in Executive 

Order 13953 and 13817, it is also the 

policy of LPO to interpret the Title XVII 

Program and the ATVM Program 

broadly to encourage applications from 

potential projects involving the 

production, manufacture, recycling, 

processing, recovery, or reuse of Critical 

Minerals and other minerals. LPO will 

evaluate all applications on a case-bycase basis. 

Title XVII Projects 

Under Title XVII, DOE may, 

consistent with applicable law, issue 

loan guarantees in support of projects 

(‘‘Title XVII Eligible Projects’’) that: (a) 

Avoid, reduce, or sequester air 

pollutants or anthropogenic emissions 

of greenhouse gases; (b) employ new or 

significantly improved technologies as 

compared to commercial technologies in 

service in the United States at the time 

the guarantee is issued; (c) attain 

specified emission requirements (see 42 

U.S.C. 16513(d)); and (d) fall within the 

following categories (see 42 U.S.C. 

16513(b) and (c)): 

1. Renewable energy systems. 

2. Advanced fossil energy technology 

(including coal gasification that attains 

specified emission requirements) (see 42 

U.S.C.16513(d)). 

3. Hydrogen fuel cell technology for 

residential, industrial, or transportation 

applications. 

4. Advanced nuclear energy facilities. 

5. Carbon capture and sequestration 

practices and technologies, including 

agricultural and forestry practices that 

store and sequester carbon. 

6. Efficient electrical generation, 

transmission, and distribution 

technologies. 

7. Efficient end-use energy 

technologies. 

8. Production facilities for the 

manufacture of fuel-efficient vehicles or 

parts of those vehicles, including 

electric drive vehicles and advanced 

diesel vehicles. 

9. Pollution control equipment. 

10. Refineries, meaning facilities at 

which crude oil and other substances 

are refined into gasoline and other 

products. 

11. Certain gasification projects 

specified in 42 U.S.C. 16513(c). 

Examples of Potential Minerals Projects 

Under Title XVII 

Minerals or Minerals Production 

projects that may qualify for support 

under Title XVII include, without 

limitation, the following: 

1. Mining, processing, or milling of 

Critical Minerals utilizing efficient enduse energy technologies (Efficient end– 

use energy technologies); 

2. Processing or refining of uranium 

for nuclear fuel (Advanced nuclear 

energy facilities); 

3. Processing of zirconium for 

cladding of uranium fuel elements 

(Advanced nuclear energy facilities); 

4. Processing of antimony for use as 

a neutron source in nuclear reactors 

during reactor startup (Advanced 

nuclear energy facilities); 

5. Renewable energy projects that 

produce Critical Minerals as byproducts of, or adjuncts to, power 

generation activities, including 

geothermal projects that produce 

lithium or other Critical Minerals 

(Renewable energy systems); 

6. Advanced fossil energy projects 

that produce or extract Critical 

Minerals, including rare earth elements, 

from power plant byproducts (including 

fly ash and coal refuse) (Advanced fossil 

energy projects); and 

7. Other Critical Minerals projects that 

meet the criteria of Title XVII. 

Each applicant for a loan guarantee 

will be required to demonstrate that the 

proposed project satisfies the statutory 

requirements necessary for the proposed 

project to constitute a Title XVII Eligible 

Project. 


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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 77203 

ATVM Projects 

Under the ATVM Statute, loans may, 

under applicable law, be made to 

borrowers for projects (‘‘ATVM Eligible 

Projects’’) that are: (a) Financially viable 

without the receipt of additional Federal 

funding associated with the proposed 

project; and (b) automobile 

manufacturers, ultra-efficient vehicle 

manufacturers, or component suppliers 

to pay the costs of: (1) Reequipping, 

expanding, or establishing a 

manufacturing facility in the United 

States to produce qualifying advanced 

technology vehicles (‘‘ATVs’’) or 

‘‘qualifying components’’ for ATVS; and 

(2) engineering integration performed in 

the United States of ATVs and 

qualifying components. 

Under the applicable provisions of the 

ATVM statute, DOE must limit its 

relevant support to ‘‘manufacturing 

facilities’’ producing ATVs and 

‘‘qualifying components’’—which are 

defined as products or equipment 

designed for, and installed in, ATVs for 

the purpose of meeting ATV 

performance requirements. 

Examples of Potential Minerals Projects 

Under the ATVM Statute 

Minerals or Minerals Production 

projects that may qualify for support 

under the ATVM Statute include, 

without limitation, the following: 

1. Processing of Critical Minerals, 

including lithium, nickel, manganese, 

graphite, or cobalt, for use in electric 

vehicle battery systems for ATVs; 

2. Processing or refining of aluminum, 

chromium, manganese, vanadium, or tin 

used for the light-weighting of ATVs; 

3. Processing or refining of platinum 

group metals (‘‘PGMs’’), and the PGM 

catalysts from which they are derived, 

for use in hydrogen fuel cells and fuel 

cell electric vehicles that are ATVs; and 

4. Processing of Critical Minerals (to 

include neodymium, praseodymium, 

dysprosium, and terbium), for use in 

permanent magnets and permanent 

magnet electric motors for application 

in electric drive motors for qualifying 

ATVs; and 

5. Other Critical Minerals projects that 

meet the criteria of the ATVM statute. 

Early Discussion With LPO Regarding 

Potential Projects Is Encouraged 

It is the preference of LPO to become 

involved with potential applicants as 

early as possible in the development of 

Title XVII and ATVM Eligible Projects. 

Therefore, potential applicants are 

encouraged to contact LPO before 

making a formal application, and as 

early as possible in the development of 

a potential project. The foregoing does 

not change or modify that current 

application process. LPO will respond 

in writing to any inquiry from the 

applicant regarding the status of an 

application within ten (10) business 

days after the date of such inquiry. 

Potential applicants may inquire with 

LPO about opportunities for emerging 

areas involving Critical Minerals and 

other minerals by contacting LPO. For 

further information on the application 

process for either program, please see: 

https://www.energy.gov/lpo/loanprograms-office. 

Preference for American Made 

Products 

A preference will be given to those 

projects with a plan to utilize American 

made products and employ American 

workers. 

Early Engagement With LPO 

Potential applicants may inquire with 

LPO about opportunities for emerging 

areas involving Critical Minerals and 

other minerals by contacting LPO. For 

further information on the application 

process for either program, please see: 

https://www.energy.gov/lpo/loanprograms-office. 

Disclaimer Regarding Agency Guidance 

In accordance with Executive Order 

13891 (‘‘Promoting the Rule of Law 

Through Improved Agency Guidance 

Documents,’’ dated October 9, 2019), the 

information contained in this guidance: 

(i) Does not have the force and effect 

of law and is not meant to bind the 

public in any way; 

(ii) is intended only to provide clarity 

to the public regarding existing 

requirements under the law or agency 

policies, except as authorized by law or 

as incorporated into a contract; and 

(iii) will not be relied on by DOE as 

an independent basis for an 

enforcement action or other 

administrative penalty. Agencies may 

impose legally binding requirements on 

the public only through regulations and 

on parties on a case-by-case basis 

through adjudications, and only after 

appropriate process, except as 

authorized by law or as incorporated 

into a contract. 

Signing Authority 

This document of the Department of 

Energy was signed on November 24, 

2020, by Dong Kim, Executive Director, 

Loan Programs Office, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on November 

24, 2020. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2020–26407 Filed 11–30–20; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

Take notice that the Commission has 

received the following Natural Gas 

Pipeline Rate and Refund Report filings: 

Docket Numbers: RP21–170–001. 

Applicants: Texas Eastern 

Transmission, LP. 

Description: Tariff Amendment: 

TETLP ASA DEC 2020 Amendment 

Filing to be effective 12/1/2020. 

Filed Date: 11/20/20. 

Accession Number: 20201120–5000. 

Comments Due: 5 p.m. ET 12/2/20. 

Docket Numbers: RP21–234–000. 

Applicants: Texas Eastern 

Transmission, LP. 

Description: § 4(d) Rate Filing: TETLP 

2020 ASA Settlement—Compliance 

Filing to be effective 12/1/2020. 

Filed Date: 11/20/20. 

Accession Number: 20201120–5018. 

Comments Due: 5 p.m. ET 12/2/20. 

Docket Numbers: RP21–236–000. 

Applicants: Equitrans, L.P. 

Description: § 4(d) Rate Filing: 

Expired Negotiated Rate Agreement— 

Eclipse Resources Marketing LP to be 

effective 12/21/2020. 

Filed Date: 11/20/20. 

Accession Number: 20201120–5041. 

Comments Due: 5 p.m. ET 12/2/20. 

Docket Numbers: RP21–237–000. 

Applicants: Tennessee Gas Pipeline 

Company, L.L.C. 

Description: Compliance filing 

Cashout Report 2019–2020. 

Filed Date: 11/20/20. 

Accession Number: 20201120–5055. 

Comments Due: 5 p.m. ET 12/2/20. 

Docket Numbers: RP21–238–000. 

Applicants: Columbia Gas 

Transmission, LLC. 

Description: § 4(d) Rate Filing: SWN 

Negot. Rate & Non-Conforming Agmt. to 

be effective 12/1/2020. 


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