002.01D, Redelegation Order No. 00-002.01D to the Assistant Secretary for Energy Efficiency and Renewable Energy

DEPARTMENT OF EN ERGY REDELEGATION ORDER NO. 00-002.0 10 TO TH E ASS ISTANT SECRETARY FOR ENERGY EFFICI ENCY AND RENEWABLE ENERGY I. DELEGATION. Pursuant to sect ion 202(b) of the Department of Energy Organization Act (Pub lic Law 95-91, 42 U.S.C. 7132(b» and Secretary of Energy Delegation Order to the Under Secretary, I delegate to the Assistant Secretary for Energy Efficiency and Renewable Energy autho ri ty to take the followi ng actions: 1.1 Underthe Nat ional Energy Conservat ion Policy Act (NEC PA) Public Law 95- 6 19, as amended: A. Make determinations pursuant 10 sections 216(d)( J) and (2). B. Grant waive rs pursuant to sec tion 216(c). C. Exercise authorities vested in me pursuant to Title Ill , Parts I 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. D. Exercise authorities vested in me pursuant to Title Y, Part 3 ofNECPA, amended by the Federal Energy Management Improvement Act of 1988 (42 U.S.c. sections 825 1-826 1) except the authori ty to report annually to the Congress as required by section 548(b) of NECPA. 1.2 Under sect ion 656 of the Department of Energy Organization Act, periodically publish a li st of certain Execu ti ve Agency Conservat ion Officers (Public Law 95- 91 , 42 U.S.C. 7266). This authority Illay not be redelegated. 1.3 Pursuant to 18 U.S.c. 208(b)(3), after consultation with the Department 's Designated Agency Ethics 9fficial, issue conflict-of interest wa ivers for special Government employees serving on a Federal Advisory Commi ttee that is administrati vely supported by the Office of Energy Effic iency and Renewable Energy. 1.4 Under 10 C.F.R. 451.2 scrve as the Deciding Official for the Renewable Energy Production Incenti ve Program, as described in 10 C.F.R. Part 45 1. This authority may be delegated to the Manager orthe Golden Field Office, but may not be further delegated. In exerc ising the authority in this paragraph, the delegate(s) shall be governed by the rules and procedures established in 10 C. F.R. Part 451. 1.5 With the concurrence of the General Counsel , request fro lll the General Services Administrat ion (GSA) that the Secretary of Energy be authori zed to intervene in proceed ings relating to utili ty matters before any Federal or State regu latory Rescinded by 00-002.01E as of April 25, 2011 2 agency or commiss ion in order to represent the consumer interests of execlitive agencies o f the r ederal Government in such proceedings and to intervene in such proceedings pursuant to an authorizat ion received from GSA, subjec t to the concurrence and with the assistance of the General Counsel. 1.6 In light or the policy process set forth in the Memorandwn on the Rulcmaking Process issued to all Departmental Elements by the Deputy Secretary on September 14, 20 I 0, approve and issue all ru lcmaking and ru le-re lated documents regarding energy cfliciency and renewable energy as required or authorized by appl icable law. This authority does not include the authori ty to issue subpoenas, test notices. or other enforcement relaled documents. 1.7 Establi sh, alter, consolidate or di scontinue sLlch organizational unit s or components within ass igned organizat ional clements as deemed to be necessary or appropriate.

A. In exercising this authority, or <IS redelegated pmsuant thereto, delegates will be limited by approved budgets. sta ffing level allocat ions. and Senior Executive Service and other execlitive resomce position allocalions. Organizational changes shall no t be announced or implemented until appropriate union coordination and other pre-re lease clearances have been obtained. B. This authority does not include approva l of additional, deletion, or transfer of miss ion and functions of or between Departmental Headquarters or Ficld Elements, which authorit y is reserved to the Secretary. C. Heads of Departmental Headquarters and Field Elements may delegate the authority to a lter or conso lidate organizat ional elements further, in whole or in part, consistent with the terms of the Department o f Energy Organization Act, to an official or offi cials one level be low the Head of the Departmental Headquarters or Fie ld Element. D. The autho rity to estab li sh or discontinue organizational clements althe fi rst or second level below the l'lead of Departmental or Field Element may not be redelegated. E. Ac ting I-leads of Departmenta l Headquarters or Fie ld Elements may not redelegate these authorities and may only estab li sh, aiter, consolidate or discontinue organizat ional uni ts at the third level and below. Dming the tenure o f an acting Head o f a f)epartmentalHeadquarte rs or Field Element, organizational uni ts below the Head of Departmenta l Headquarters and Field Elements may not exerc ise rcdclegat ions granting the authority to alte r or consolidate units. Rescinded by 00-002.01E as of April 25, 2011 3 F. This authori ty shall be exercised in accordance with, and shall be subject to the requi rements of, the Secretary of Energy' s Memorandum to All Department of Energy Employees re lating to funct iona l accountab il ity, dated May 23, 2006. 1.8 Exercise the au thori ty of the Secretary o f Energy granted under sections 1605(b)( I), 1605(b)(2) and 1605(b)(3) o rthe American Recovery and Reinvestment Act of2009 ("Recovery Ac(")(Public Law 111-;) to waive, after making specific findings, the application of section 1605(a) of the Recovery Act to expenditures within your purview ofrcsponsibililY as Assistant Secretary for Energy Efficiency and Renewab le Energy. Sect ion 1605(a) req uires thaI none of the fund s appropriated or otherwise madc ava ilable under the Recovery Ac t may be used for const ruction , alteration, maintenance or repair of a pub li c building or public work unless a ll of the iron, steel and manufactured goods are produced in the United States. In exercising this authority, the delegate wi ll carry out the responsibility contained sect ion 1605(c) to publish in the Federal Registcr a detailed written justification for cach waive r as to why the provision is being waived. This au thority may not be furt her de legated. 2. REC1SSION. Redelegat ion Orde r No. 00-002.0 1 C is hereby rescinded. 3. LIMITATION. 3. 1 3.4 In exercising the authority delegated in thi s Order, a delegate shall be governed by the niles and regulations of the Department of Energy and the po lic ies and procedures prescribed by the Secretary or delegate(s). Nothing in th is Order precludes the Secre tary or the Under Secretary from exercis ing any of the authori ty delegated by this Order.

Nothing in thi s Order sha ll be constnlcd to supersede or otherwise interfere with the aut horities provided to the Administrator for Nuclear Securi ty by law or by de legat ion. Furthennore, nothing herein constit utes au thority to exercise authority, d irect ion, or control of an employee of the National N uclear Securi ty Administration or its contrac tors. Any amendmen ts to this Order shall be in consu ltation with the Department of Energy Genera l Counsel. 4. AUTHORITY TO REDELEGATE. 4. 1 Except as expressly prohibited by law, regulation, or this Order, the Assistant Secretary for Energy Effic iency and Renewab le Energy may delegate thi s authority further, in whole or in part. 4.2 Copies of redclegations and any subsequent rede legations sha ll be provided to the Rescinded by 00-002.01E as of April 25, 2011 4 Office of Management, which manages the Secretarial Delegations of Authority system. 5. DURATION AND EFFECTIVE DATE. 5.1 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. 5.2 This Order is effective SEP 1 7 Z010 ----------------- Kristina M. Johnson Under Secretary Rescinded by 00-002.01E as of April 25, 2011