002.00M, Delegation Order No. 002.00M to the Under Secretary

DEPARTMENT OF ENERGY DELEGATION ORDER NO. 00-002.00M TO THE UNDERSECRETARY I. DELEGATION. Under the authority vested in me as Secretary of Energy and pursuant to section 642 ofthe Department of Energy Organization Act (Public Law 95-91,42 U.S.C. 7252), I delegate to the Under Secretary authority to take the following actions: 1.I Implement section 13 of the Federal Energy Administration Act of I974 (I5 U.S.C. 772), to collect, assemble, evaluate and analyze energy information and to exercise all information gathering authorities provided in section I3. 1.2 Implement section 11 of the Energy Supply and Environmental Coordination Act of 1974 (ESECA) (Pub. L. 93-319, 15 U.S.C. 796), to request, acquire and collect such energy information as the Under Secretary determines to be necessary to assist in the formulation of energy policy or to carry out the purposes ofESECA, and to exercise all energy information reporting authorities provided in section 11. 1.3 Initiate condemnation proceedings and execute declarations of taking, sign all correspondence and other documents in connection with such proceedings, and take all other necessary and appropriate actions to acquire, in connection with the Government's power of eminent domain, real or personal property or interests therein for the Department of Energy (Department or DOE). The authority to initiate condemnation proceedings and execute declarations of taking shall not be further delegated. 1.4 Under section 8 of the Federal Nonnuclear Energy Research and Development Act of 1974 (Public Law 93-577, 42 U.S.C. 5907) carry out functions relating to identification of opportunities to accelerate the commercial applications of new energy technologies. 1.5 Direct a head of field organization to curtail or suspend the operation of nuclear reactors, nuclear facilities or related activities when, in the opinion of the Under Secretary, continuing operations might result in an undue risk to the environment and/or to the safety and health of Departmental or contractor employees or to the public. This authority may not be redelegated. 1.6 Approve determinations preceding Program Opportunity Notices (PONs). I. 7 In light of the policy process set forth in the Memorandum on the Rulemaking Process issued to all Departmental Elements by the Deputy Secretary on September 14, 2010, approve and issue all rulemaking and rule-related documents regarding energy efficiency and renewable energy as required or authorized by applicable law. This authority does not include the authority to issue subpoenas, 2 test notices, or other enforcement related documents. This authority may be redelegated. 1.8 Under section 643 of the Department of Energy Organization Act (42 U.S.C. 7253), establish, alter, consolidate or discontinue such second tier or below organizational units or components within the Under Secretary's assigned programs and organizational elements as the Under Secretary may deem to be necessary or appropriate. A. In exercising this authority, or as redelegated pursuant thereto, the Under Secretary will be limited by approved budgets, staffing level allocations, and Senior Executive Service and other executive resource position allocations. Organizational changes shall not be announced or implemented until appropriate union coordination and other pre-release clearances have been obtained. B. This authority does not include approval of additional, deletion, or transfer of mission and functions of or between Departmental Headquarters or Field Elements, which authority is reserved to the Secretary.

C. The authority to alter or consolidate second tier or below organizational elements may be redelegated, in whole or in part consistent with the tenns of the Department of Energy Organization Act, to assigned Heads ofDepartmental Headquarters and Field Elements and to an official or officials one level below the Head of the Departmental Headquarters or Field Element. D. The authority to establish or discontinue organizational elements at the second tier or below may only be redelegated to the Head of the Departmental Headquarters or Field Element. 1. 9 On a nonexclusive basis, assert the Federal Government's delibemtive process privilege with respect to any Environmental Management matters arising under the Under Secretary's cognizance. This delegation is made to protect internal predecisional Department of Energy documents in judicial or administrative proceedings in situations where the court may require the claim to be formally asserted by an affidavit from an agency official. 1.1 0 Pursuant to 18 U.S. C. 208(b )(3 ), after consultation with the Department's Designated Agency Ethics Official, issue conflict-of-interest waivers for special Government employees serving on a Federal Advisory Committee that is administratively supported by an organization that reports to the Under Secretary. 1.11 On matters pertaining to the Office of Civilian Radioactive Waste Management: A. Sign all documents and take such other actions as may be necessary and appropriate for the submission for publication to the Federal Register of notices 3 concerning actions Wldertaken to implement the authorities and fimctions provided in the Nuclear Waste Policy Act of 1982 (Public Law 97-425). The authority delegated does not include rulemaking authority. B. Report and transmit, on a semi-annual basis, site characterization progress reports for the Yucca MoWltain site in the State ofNevada to the Nuclear Regulatory Commission, the Governor and the legislature of the State ofNevada, and other interested parties including the United States Congress. The reports are required Wlder section 113(b )(3) of the Nuclear Waste Policy Act of 1982, as amended (Public Law 97-425, as amended by Title V, Subtitle A, of Public Law 100- 203). Any such report, which is issued by the Under Secretary pursuant to this Order, must be submitted for concurrence by the General Counsel and the Assistant Secretary for Congressional and Intergovernmental Affairs prior to its transmittal to the Nuclear Regulatory Commission, the Governor and the legislature of the State ofNevada, Congress, and other interested parties. Each such report will be submitted to the Office of the Secretary at least one week prior to transmittal to the Nuclear Regulatory Commission, the Governor and the legislature of the State of Nevada. C. Assert, on a non-exclusive basis, the Federal Govemment•s delibemtive process privilege with respect to any matters arising under his or her cognizance. D. For purposes of the Standard Contract, act as Senior Procurement Official for the pwposes of 10 C.F.R. 961.4 and designate a qualified individual within the Office of Civilian Radioactive Waste Management to perform the fimctions of the "Contracting Officer" defined in 10 C.F.R. 961.11. 1.12 Under section 9l.b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2121), and National Security Decision Directive Number 282 (September 30, 1987) on matters related to the Office ofNuclear Energy:

A. Authorize the transfer of special nuclear material to the Departments of the Army, Air Force, and Navy (Navy Facilities Engineering Command only) in such quantities and at such times as necessary for cores for new military reactors and for replacement cores for existing military reactors, and for miscellaneous pwposes (other than use in atomic weapons) for which material, fabrication and new reactors the Congress shall have authorized funds. B. Authorize the Departments of the Army, Air Force, and Navy to manufacture, produce or acquire utilization facilities, other than nuclear powered ships, for which Congress shall have authorized fimds. 1.13 In reference to Energy Efficiency and Renewable Energy, on a nonexclusive basis: 4 A. Under the National Energy Conservation Policy Act (NECP A) Public Law 95- 619, as amended: 1. Make determinations pursuant to sections 216( d)( 1) and (2). 2. Grant waivers pursuant to section 216( e). 3. Exercise authorities vested in me pursuant to Title m, Parts 1 and 2, except the authority to suspend grants pursuant to sections 395(e) and 400(d) of the Energy Policy and Conservation Act, as amended. 4. Exercise authorities vested in me pursuant to Title V, Part 3 ofNECPA, amended by the Federal Energy Management Improvement Act of 1988 ( 42 U .S.C. sections 8251-8261) except the authority to report annually to the Congress as required by section 548(b) ofNECP A. B. Under section 656 of the Department of Energy Organization Act, periodically publish a list of certain Executive Agency Conservation Officers (Public Law 95-91, 42 U.S.C. 7266). This authority may only be redelegated to the Assistant Secretary for Energy Efficiency and Renewable Energy. C. Under 10 C.F.R. 451.2, serve as the Deciding Official for the Renewable Energy Production Incentive Program, as described in 10 C.F .R. Part 451. This authority may not be delegated beyond the Manager of the Golden Field Office. In exercising the authority in this paragraph, the delegate(s) shall be governed by the rules and procedures established in 10 C.F .R. Part 451. D. With the concurrence of the General Counsel, request from the General Services Administration (GSA) that the Secretary of Energy be authorized to intervene in proceedings relating to utility matters before any Federal or State regulatory agency or commission in order to represent the consumer interests of executive agencies of the Federal Government in such proceedings and to intervene in such proceedings pursuant to an authorization received from GSA, subject to the concurrence and with the assistance of the General Counsel. 1.14 In reference to the Great Plains project under section 19(g)(2) of the Federal Nonnuclear Energy Research and Development Act of 1974 (Public Law 93-577, as amended by Public Law 95-238)(the Federal Nonnuclear Act) and as provided by section 646(a) of the Department of Energy Organization Act (Public Law 95-91 ): A. Carry out all fi.mctions of the Contracting Officer as that term is defined in the Asset Purchase Agreement dated as of October 7, 1988, and amended as of October 31, 1988, February 16, 1994, and December 21, 1998, between the United States of America, Dakota Gasification Company, Dakota Coal Company and Basin Electric Power Cooperative, which was executed as part of the conveyance of the Department of Energy's interests in the Great Plains Coal 5 Gasification Project in Beulah, North Dakota, to Dakota Gasification Company and Dakota Coal Company.

B. Undertake all actions that are necessary and proper, on behalf of the United States of America, acting by and through the Secretary of Energy, to administer all agreements and contracts entered into by the Department of Energy in connection with the conveyance of the Department's interests in the Great Plains project. In exercising the authority delegated by this order, the delegate may act without regard to the provisions of the Federal Property and Administrative Services Act of 1949, as amended, except section 207 of that Act (40 U.S. C. 5488), or any other law, as specifically provided for by section 19(g)(2) of the Federal Nonnuclear Act, supra. 1.15 In reference to the Naval Petroleum Reserves: A. Perform all functions vested in me by Subtitle B of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-1 06) relating to the sale ofNaval Petroleum Reserve Numbered 1, including the finalization of equity. B. Perform the functions specified in 10 U.S.C. 7427 and 7428, and vested in me by the President of the United States in Executive Order No. 12929, in order to meet the goals and objectives of the Naval Petroleum Reserves. C. Perform all functions vested in me by law (10 U.S.C. 7420-7439, including lO U.S.C. 7420 note) relating to the administration of and jurisdiction over the Naval Petroleum Reserves, except for condemnation proceedings affecting such Reserves. D. Perform all duties and responsibilities required by the Unit Plan Contract between the United States of America and Chevron U.S.A., Inc., numbered Nod- 4219, dated June 19, 1944, as amended; the Amendatory and Supplemental Agreement, between the same parties, numbered Nod-8477, dated December 22, 1948, as amended; and the Agreement to Terminate the Unit Plan Contract, between the same parties, dated February 5, 1998. E. Perform all duties and responsibilities relative to the disposition of the United States share of petroleum produced from the Naval Petroleum Reserves to or for the Department of Defense and the Strategic Petroleum Reserve pursuant to 10 U.S.C. 7430(k) and (1). I. 16 In reference to the regulation of imports and exports of natural gas: 6 A. Perform the functions vested in me by sections 301(b) and 402(f) of the Department of Energy Organization Act to regulate natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b), as amended by section 201 ofthe Energy Policy Act of 1992 (Pub. L. 1 02-486) and section 311 of the Energy Policy Act of 2005 (Pub. L. 1 09-58): 1. Consistent with the authority delegated by this Order, the Under Secretary or a delegate may attach such terms and conditions to import and export authorizations as the Under Secretary or a delegate shall determine to be appropriate. 2. The authority delegated by this Order does not include the authority to approve the construction and operation of particular facilities, the site at which such facilities shall be located, and, with respect to natural gas that involves the construction of new domestic facilities, the place of entry for imports or exit for exports, except the Under Secretary or a delegate is authorized to disapprove the construction and operation of particular facilities, the site at which such facilities shall be located, and, with respect to natural gas that involves the construction of new domestic facilities, the place of ent:Jy for imports or exit for exports.

B. Establish and review priorities for the curtailment of natural gas pursuant to the Natural Gas Act (15 U.S.C. 717 etseq.), sections 401,402, and403 ofthe Natural Gas Policy Act of 1978 (Public Law 95-621, 15 U.S.C. 3391-3393); and consult with the Deputy Secretary concerning energy emergency-related curtailment policy guidance, as necessary or appropriate. 1.17 In reference to fuel use under the Powerplant and Industrial Fuel Use Act (FUA), (Public Law 95-620, 42 U.S.C. 8301 et seq.) as amended: A. Monitor compliance with the prohibition against the construction of new powerplants without the capability to use coal or another alternate fuel as a primary energy source, pursuant to section 201 ofFUA; grant or deny exemptions from such prohibition, pursuant to sections 211 through 214 ofFUA; issue prohibitions against the use of oil or natural gas to certifying existing electric powerplants under section 301 ofFUA; grant or deny exemptions to certifying existing electric powerplants under sections 311 through 314 ofFUA; and take such other actions as may be necessary or appropriate to perfonn any of the above functions pursuant to section 701 of FUA. B. Issue notices of effectiveness, modification or rescission to coal conversion orders issued pursuant to section 2 of the Energy Supply and Environmental Coordination Act of 1974 (Public Law 93-319,15 U.S.C. 791 et seq.) as amended. 1.18 In reference to electric power regulations under the Federal Power Act ((FPA}, 16 U.S.C.791 (a)-825(r)). 7 A. Implement section 206( d) of the FP A to investigate and determine, upon the Under Secretary's or a delegate's own motion or the request of any State commission, the cost of production or transmission of electric energy by means of facilities that are subject to the jurisdiction defined by section 201 of the FPA, as the Under Secretary or a delegate determines is necessary or appropriate to perform his fi.mctions. B. Implement section 311 of the FP A to conduct investigations regarding the generation, transmission, distribution, and sale of electric energy, however produced, throughout the United States and its possessions, including the generation, transmission, distribution, and sale of electric energy by any agency, authority or instrumentality of the United States, or by any State or municipality or other political subdivision of a State, as the Under Secretary or a delegate determines is necessary or appropriate to perform his functions. C. Implement section 307 of the FPA, to investigate any facts, conditions, or practices which the Under Secretary or a delegate may find necessary or proper in order to determine whether any person has violated or is about to violate any provision of the FP A or any rule, regulation, or order thereunder, or to aid in the enforcement of the provisions of the FP A or in prescribing rules or regulations thereunder, or in obtaining information to serve as a basis for recommending further legislation concerning the matters to which the FP A relates. D. Regulate the export of electric energy to a foreign country, pursuant to the provisions of sections 202(e) and 202(t) of the FPA; and authorize the construction, operation, maintenance, or connection of facilities, at the borders of the United States, for the transmission of electric energy between the United States and a foreign country, pursuant to the provisions of Executive Order No. 10485, as amended by Executive Order No. 12038.

E. After issuance of an order pursuant to section 202( c) of the FPA, by the Secretary or Deputy Secretary, review compliance filings, and issue implementing letters and directives, and take such other actions as are necessary and appropriate to implement and administer the section 202( c) order. F. Exercise the authority under section 216(h) of the FPA for the coordination of Federal authorizations for transmission facilities. 1.19 In reference to energy emergency preparedness: A. Exercise the authority under section 101 (c) of the Defense Production Act of 1950 (50 U.S.C. App. 2071(c)), delegated to the Secretary in Department of Commerce Defense Priorities and Allocations System (DP AS) Delegation 2, as amended, contained in the Department of Commerce DP AS regulation at 15 C.F.R Part 700. The exercise of this authority is subject to the concurrence of the General Counsel. 8 B. Exercise the authority under section 209(b) of the Public Utility Regulatory Policies Act (16 U.S.C. 824a-2(b )) with respect to the reliability of the interstate electricity transmission system. C. Carry out the responsibilities assigned to the Secretary in section 701(1) and (2) of Executive Order 12656 (Assignment of Emergency Preparedness Responsibilities) with respect to energy supply and distribution and related activities, except insofar as those responsibilities have been assigned to the Under Secretary for Nuclear Security. D. Carry out the responsibilities assigned to the Secretary in Homeland Security Presidential Directive (HSPD)-5 (Management of Domestic Incidents) and the National Response Plan adopted pursuant to HSPD-5 with respect to energy supply and distribution and related activities, except insofar as those responsibilities have been assigned to the Under Secretary for Nuclear Security. E. Carry out the responsibilities assigned to the Secretary in HSPD-7 (Critical Infrastructure Identification, Prioritization, and Protection) with respect to energy supply and distribution and related activities, except insofar as those responsibilities have been assigned to the Under Secretary for Nuclear Security. F. Carry out the responsibilities assigned to the Secretary in HSPD-8 (National Preparedness) with respect to energy supply and distribution and related activities, except insofar as those responsibilities have been assigned to the Under Secretary for Nuclear Security. 1.20 Participate in any proceeding before the Federal Energy Regulatory Commission, pursuant to the provisions of section 405 of the Department of Energy Organization Act (42 U.S.C. 7175), or in any proceeding before any Federal or State agency or commission whenever such participation is related to the exercise of authority delegated to the Under Secretary or a delegate. 1.21 Formulate and establish enforcement policy, initiate and conduct investigations, conduct conferences, administrative hearings and public hearings, prepare required reports, issue orders, and take such other action as may be necessary or appropriate to perform any of the functions delegated by this Order. 1.22 In reference to the sale or lease of real property at a Department of Energy defense nuclear facility, make the discretionary decision of whether to hold harmless and indemnify any eligible entity, pursuant to the conditions contained in 50 U.S.C. 2811. This authority may only be exercised after obtaining the concurrence of the General Counsel. lbis authority may only be redelegated to Department officials who have been appointed by the President with the advice and consent of the Senate who have oversight responsibilities for defense nuclear facilities, and may not be redelegated further.

1.23 Under section 988 of the Energy Policy Act of2005: 9 A. Approve requests for reduction or elimination of the cost sharing requirement for a research and development activity of an applied nature in accordance with 988(b)(3); B. Approve requests for reduction of the cost sharing requirement for the non­ federal share of demonstration and commercial application activities in accordance with 988(c)(2); and C. Exclude research and development of a basic or fundamental nature from the cost sharing requirements, as described in 988(b )(1 ). These authorities may be redelegated solely to the heads of Departmental elements reporting directly to the Under Secretary. These authorities may only be exercised after providing notification to the Office of the Secretary. Furthermore, the approval Authorities delegated in subparagraphs A and B can only be exercised in coordination with the Secretarial Policy Statement entitled, "Application and Reduction or Elimination of Cost Share Requirements Under Section 988 ofEPACT2005, Pub.L. 109-58." 1.24 Exercise the authority of the Secretary of Energy under Title IX, Subtitle J of the Energy Policy Act of2005 (Public Law 109-58,42 U.S.C. 16371 to 16378). The authority specifically provided to the National Energy Technology Labomtory pursuant to Title IX, Subtitle J of the Energy Policy Act of2005 shall not be affected by this Order. 1.25 Exercise the authority of the Secretary of Energy granted under sections l605(b)(1), 1605(b)(2) and 1605(b)(3) of the American Recovery and Reinvestment Act of 2009 ("Recovery Act")(Public Law 111-5) to waive, after making specific findings, the application of section 1605( a) of the Recovery Act to expenditures within the purview of responsibility of the Assistant Secretary for Energy Efficiency and Renewable Energy. Section 1605(a) requires that none of the funds appropriated or otherwise made available under the Recovery Act may be used for construction, alteration, maintenance or repair of a public building or public work unless all of the iron, steel and manufactured goods are produced in the United States. Further, in exercising this authority, a delegate will carry out the responsibility contained section 1605( c) to publish in the Federal Register a detailed written justification for each waiver as to why the provision is being waived. This authority will not be delegated below the level of the Assistant Secretary for Energy Efficiency and Renewable Energy. 1.26 Pursuant to section 1007 of the Energy Policy Act of2005 (42 U.S.C. 7256(g)), as amended by section 3118 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, approve the award of Other Transaction Agreements and perfonn the other functions of the Secretary as set forth in 42 U.S.C. 7256(g). This authority may only be exercised by an officer of the Department who has been appointed by the President by and with the advice and consent of the Senate, who has been delegated the authority from the Secretary, and with the 10 concurrence of the Department's Senior Procurement Executive, on a transaction­ by-transaction basis. 1.27 For all programs funded under Fossil Energy appropriations, exercise the authority of the Secretary of Energy under the Energy and Water Development and Related Agencies Appropriations Act, 201 0 (Pub. L. 111-85), Title III, Department of Energy, Energy Programs, Fossil Energy Research and Development, to vest fee title or other property interests acquired under projects in any entity, including the United States.

2. RESCISSION. Delegation Order 00-002.00L is hereby rescinded. 3. LIMITATION. 3.1 In exercising the authority delegated in this Order, a delegate shall be governed by the rules and regulations of the Department ofEnergy and the policies and procedures prescribed by the Secretary or delegate(s). 3.2 Nothing in this Order precludes the Secretary from exercising any of the authority delegated by this Order. 3.3 Nothing in this Order shall be construed to supersede or otheJ.Wise interfere with the authorities provided to the Administrator for Nuclear Security by law or by delegation. Furthennore, nothing herein constitutes authority to exercise authority, direction, or control of an employee of the National Nuclear Security Administration or its contractors. 3.4 Any amendments to this Order shall be in consultation with the Department ofEnergy General Counsel. 4. AUTI-IORITYTO REDELEGATE. 4.1 Except as expressly prohibited by law, regulation, or this Order, the Under Secretary may delegate this authority further, in whole or in part. 4.2 Copies ofredelegations and any subsequent redelegations shall be provided to the Office of Management, which manages the Secretarial Delegations of Authority system. 5. DURATION ANDEFFECTIVEDATE. 5.1 5.2 All actions pursuant to any authority delegated prior to this Order or pursuant to any authority delegated by this Order taken prior to and in effect on the date of this Order are ratified and remain in force as if taken under this Order, unless or until rescinded, amended or superseded. AUG 27 2012 This Order is effective-~--- Aif1aug JO A.rmal:>as nq:::> uaAals 11