The Department of Energy’s Office of Energy Dominance Financing (EDF) released updated program guidance for the Title 17 Energy Financing Program on May 13, 2026. The guidance implements the energy financing provisions of the One Big Beautiful Bill Act (OBBBA), reflecting a reorientation of program priorities. For developers of energy, mining, critical minerals, and critical materials projects, several provisions are relevant, particularly regarding the restructured Energy Dominance Financing Program (EDFP), the broadening (and, in some cases, narrowing) of energy infrastructure eligible for DOE financing, and other terms with cost and timing consequences.

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Photo of Kenneth M. Minesinger Kenneth M. Minesinger

Ken focuses on complex energy matters, typically in the oil and gas industry, including major energy regulatory and project development matters. Ken represents clients in the development of their oil and gas resources, on major pipeline and LNG projects, and on a wide…

Ken focuses on complex energy matters, typically in the oil and gas industry, including major energy regulatory and project development matters. Ken represents clients in the development of their oil and gas resources, on major pipeline and LNG projects, and on a wide range of energy regulatory issues. Ken is experienced in commercial and fiscal negotiations relating to major project agreements, and in regulatory proceedings including ratemaking, permitting, market power/competition issues and valuation disputes.

Photo of Michael Kaufmann Michael Kaufmann

Michael E. Kaufmann focuses his practice on energy regulatory and compliance matters. His practice encompasses federal and state administrative and regulatory law, litigation, enforcement, appeals, policy, and infrastructure and project development in the energy sector. He is a constant advocate for gas and

Michael E. Kaufmann focuses his practice on energy regulatory and compliance matters. His practice encompasses federal and state administrative and regulatory law, litigation, enforcement, appeals, policy, and infrastructure and project development in the energy sector. He is a constant advocate for gas and electric utility and merchant clients, as well as industrial end-users.

Michael represents a diverse range of clients in the energy industry, including independent power producers, power marketers, cooperatives, municipal utilities, and industrial energy consumers. He handles regulatory and enforcement proceedings before the Federal Energy Regulatory Commission (FERC) and regulatory proceedings before various state commissions. His work includes negotiating wholesale and retail power supply agreements and counseling developers of new energy facilities across the United States.

In the area of project infrastructure and finance, Michael provides regulatory advice to project sponsors and financial institutions involved in the financing and development of critical energy infrastructure. This includes merchant and utility power plants, natural gas pipelines, transmission projects, renewable power projects, hydroelectric facilities, and liquefied natural gas projects.

Michael’s experience extends beyond private practice. He has served as in-house counsel for energy companies, including as Director of Regulatory Affairs at NRG Energy and as Senior Counsel at Constellation Energy Resources. In these roles, he managed regulatory affairs at FERC, advised on wholesale gas regulatory issues, and counseled business units on legal, regulatory, and compliance matters at federal and state levels.

Additionally, Michael has wide-ranging government experience. He worked at the Federal Energy Regulatory Commission as an Attorney-Advisor in the Office of General Counsel, Energy Markets Section, and as a federal appellate attorney in the Office of the Solicitor. In these positions, he advised on issues related to competitive wholesale electric energy markets, transmission of electric energy in interstate commerce, and electric system reliability.