002.04-02, Redelegation Order No. 00-002.04-02 to the Principal Deputy Assistant Secretary for Fossil Energy
Functional areas: Miscellaneous
Rescinded By:
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Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
Department of Energy
Washington, DC 20585
DEPARTMENT OF ENERGY
REDELEGATION ORDER NO. 00-002.04-02
TO THE PRINCIPAL DEPUTY ASSISTANT SECRETARY FOR FOSSIL ENERGY
I. DELEGATION. Pursuant to section202(b) of the Department of Energy
Organization Act (Public Law 95-91, 42 U.S .c. 7132(b)), I delegate to the
Principal Deputy Assistant Secretary for Fossi l Energy, authority to take the
following actions:
1.1 In reference to the Great Plains project under section 19(9)(2) of the
Federal Non nuclear 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 n.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 (Department or DOE) interests in
the Great Plains Coal 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 cOlmection with the conveyance of
the Depat1ment'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(9)(2) of the Federal
Nonnuclear Act, supra.
1.2 In reference to the Naval Petroleum Reserves:
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A. Perform all functions vested in me by Subtitle B of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106) relating to the sale of Naval 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 10 U.S.C. 7420 note) relating to the administration of
and jurisdiction over the Naval Petroleum Reserves, except for
condemnation proceedings and the execution of procurement
contracts with non-Governmental entities 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 (l).
Section 2
1.3 In reference to the regulation of imports and exports of natural gas:
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, as amended by section
201 of the Energy Policy Act of 1992 (15 U.S.C. 717b):
1. Consistent with the authority delegated by this Order, the
Principal Deputy Assistant Secretary may attach such terms
and conditions to import and export authorizations as the
Principal Deputy Assistant Secretary shall determine to be
appropriate. The following orders, including all terms and
conditions, are ratified by the attached memorandum on
Operations of the Office of the Assistant Secretary for
Fossil Energy (Attachment 1): Order 3331, dated Sept. 11,
2013, Dominion Cove Point LNG, LP Order 3357, dated
3
Nov. 15, 2013, Freeport LNG Expansion, L.P. and FLNG
Liquefaction, LLC.
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 Principal Deputy
Assistant Secretary 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 entry 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), sections 401,
402, and 403 of the 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.
1.4 Exercise the authority of the Secretary of Energy under Subtitle J of the
Energy Policy Act of 2005 (Public Law 109-58, 42 U.S.C. 16371 to
16378). The authority specifically provided to the National Energy
Technology Laboratory pursuant to Subtitle J of the Energy Policy Act of
2005 shall not be affected by this Order.
1.5 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 Assistant Secretary and
redelegated to the Principal Deputy Assistant Secretary.
1.6 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 above functions.
1.7 Under section 988 of the Energy Policy Act of 2005:
A. Approve requests for reduction or elimination of the cost sharing
requirement for research and development activity of an applied
nature in accordance with 988(b)(3);
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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
Section 3
nature from the cost sharing requirements, as described in
988(b)(2).
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 of EPACT 2005, Pub.L. 109-58.”
The authorities of this paragraph may be redelegated to the Chief
Operating Office and no further.
1.8 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 the Office of Fossil Energy.
1.9 For all programs funded by Fossil Energy appropriations, exercise the
authority of the Secretary of Energy under the Energy and Water
Development and Related Agencies Appropriations Act, 2010 (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 in any entity, including the United States.
1.10 Exercise the authority of the Secretary of Energy under Title IV, Subtitle
A, Section 402(f) of the Energy Policy Act of 2005 (Public Law 109-58,
42 U.S.C. 15962) with respect to scheduled completion of selected Clean
Coal Power Initiative projects.
2. RESCISSION. None.
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).
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3.2 Nothing in this Order precludes the Secretary, the Under Secretary for
Science 01' the Assistant Secretary for Fossil Energy from exercising any
of the authority delegated by this Order.
3.3 Any amendments to this Order shall be made in consultation with the
Depal1ment of Energy General Counsel.
4. AUTHORITY TO REDELEGA TE.
4.1 Except as prohibited by law, regulation, or this Order, the Principal
Deputy Assistant Secretary f01' Fossil Energy may delegate this authority
further, in whole 01' in part.
4.2 Copies of redelegations and any subsequent redelegations shall be
provided to the 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 01'
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 February 10,2014.
Secretary of Energy
ATTACHMENT 1
MEMORANDUM FOR
FROM:
Subject:
The Secretary of Energy
Washington, DC 20585
January 16,2014
CHRISTOPHER A. SMITH
PRINCIPAL DEPTUY ASSISTANT SECRETARY FOR FOSSIL
ENERGY ~
ERNEST J. MONIZ ~
Operations of the Office of the Assistant Secr
Energy
The purpose of this memorandum is to assign responsibilities and tasks of the position of
Assistant Secretary for Fossil Energy (FE) to you in order to ensure continuity of operations and
to ratify certain actions you have taken under the title Acting Assistant Secretary for FE.
Section 4
Pursuant to the Vacancies Reform Act, upon the President's nomination of you to serve as the
Assistant Secretary for FE you may no longer serve as the Acting Assistant Secretary for FE but
will continue to serve as Principal Deputy Assistant Secretary for FE.
You are hereby directed to continue to perform the tasks routinely performed by the Assistant
Secretary for FE, including the day-to-day management of FE, except such functions and duties
that must be performed exclusively by the Assistant Secretary for FE. Those exclusive functions
and duties are found in the Methane Hydrate Research and Development Act of 2000; I must
perform those functions and duties. I am also authorizing you to perform all of the functions that
have been delegated to the Assistant Secretary for Fossil Energy by Redelegation Order No. 00-
002.04F and am hereby granting you the authority to redelegate those authorities, with the
exception of section 1.7, which may not be redelegated. This assignment of responsibilities will
remain in effect until you have been appointed to serve as the Assistant Secretary for Fossil
Energy.
In addition, this memorandum will constitute ratification of any and all actions taken by you
which you signed using the title Acting Assistant Secretary for FE when your nomination was
pending before the Senate. These actions include, but are not limited to, to approving and
signing the following: Order 3331, dated Sept. 11,2013, Dominion Cove Point LNG, LP
Order 3357, dated Nov. 15,2013, Freeport LNG Expansion, L.P. and FLNG Liquefaction, LLC.
To the extent that any actions you took under the title Acting Assistant Secretary for FE after
your nomination were to be performed exclusively as a function or duty of the Assistant
Secretary for FE, this memorandum constitutes ratification of those actions such that they have
the same force and effect as if I personally had performed such functions and duties.
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