002.03, Redelegation Order No. 00-002.03 to the Assistant Secretary for Environmental Management

DEPARTMENT OF ENERGY REDELEGATION ORDER NO. 00-002.03 TO THE ASSISTANT SECRETARY FOR ENVIRONMENTAL MANAGEMENT 1. DELEGATION. Pursuant to section 202(b) of the Department of Energy Organization Act (Public Law 95-91, 42 U.S.C. 7132(b)) and Secretary of Energy Delegation Order 00-002 provided to the Under Secretary for Energy, Science and Environment to perform the function and duties related to Environmental Management, I delegate to the Assistant Secretary for Environmental Management authority to take the following actions: 1.1 On a nonexclusive basis, assert the Federal Government=s deliberative process privilege with respect to any matters arising under his or her 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. 1.2 Under section 624 of the Department of Energy Organization Act (42 U.S.C. 7234) and in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2), nominate, appoint, renew the term of, and terminate the service of members of the Environmental Management Site Specific Advisory Board. 1.3 Establish, alter, consolidate or discontinue such organizational units or components within assigned organizational elements as deemed to be necessary or appropriate. A. In exercising this authority, or as redelegated pursuant thereto, delegates 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. Heads of Departmental Headquarters Elements may delegate the authority to alter or consolidate organizational elements further, in whole or in part, consistent with the terms of the Department of Energy Organization Act, to an official or officials one level below the Head of the Departmental Headquarters or Field Element. (Rescinded by 00-002.03A) 2 D. The authority to establish or discontinue organizational elements at the first or second level below the Head of Departmental Headquarters or Field Element may not be redelegated. E. Acting Heads of Departmental Headquarters or Field Elements may not redelegate these authorities and may only establish, alter, consolidate or discontinue organizational units at the third level and below. During the tenure of an acting Head of a Departmental Headquarters or Field Element, organizational units below the Head of Departmental Headquarters and Field Elements may not exercise redelegations granting the authority to alter or consolidate units. 2. RESCISSION. Delegation Order Nos. 0204-153 and 0204-167 are 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 of Energy and the policies and procedures prescribed by the Secretary or delegate(s). 3.2 Nothing in this Order precludes the Secretary or the Under Secretary for Energy, Science and Environment from exercising any of the authority delegated by this Order.

3.3 Any amendments to this Order shall be in consultation with the Department of Energy General Counsel. 4. AUTHORITY TO REDELEGATE. 4.1 Except as prohibited by law, regulation, or this Order, the Assistant Secretary for Environmental Management may delegate this authority further, in whole or in part. 4.2 Copies of redelegations and any subsequent redelegations shall be provided to the Office of Management and Operations Support, which manages the Secretarial Delegations of Authority system. (Rescinded by 00-002.03A) 3 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 January 8, 2002. (Rescinded by 00-002.03A) (Rescinded by 00-002.03A) Department of Energy Washington. DC 20585 November 10,2005 MEMORANDUM FOR FRANK MARCTNOWSKJ DEPUTY ASSISTANT SECRETAR Y FOR LOGISTICS AND WASTE DISPOSITION ENHAI'ICEMENTS FROM' JAMES A. RJsrOLE' G?~ _nZ ASSISTANT SECR A Y FOR r"'-­ ENVIRONMENT L MANAGEMENT SUBJECT: Delegation of Authority Pursuant 10 Sections 1.1 and 4 I of Redelegalion Order No, 00-002.3, dated January 8, 2002, 1hereby delegate to you the authority 10 assert deliberative process privilege over documellls specific to the Department of Energy's plans for disposition of Greater-Than-Class-C low level radioactive waste within the cognizance of the Office of Environmental Management. Redelegation Order No. 00-002.03 to the Assistant Secretary for Environmental Management Redelegation to the Deputy Assistant Secretary for Logistics and Waste Disposition Enhancements