002.10, Redelegation Order No. 00-002.10 to the Director of the Office of Electricity and Energy Assurance

DEPARTMENT OF ENERGY REDELEGATION ORDER NO. 00-002.10 TO THE DIRECTOR OF THE OFFICE OF ELECTRICITY AND ENERGY ASSURANCE 1. DELEGATION. Pursuant to section 202(b) of the Department of Energy Organization Act ((DOE Act), Public Law 95-91, 42 U.S.C. 7132(b)) and Secretary of Energy Delegation Order 00-002.00, as amended, provided to the Under Secretary for Energy, Science, and Environment to perform the functions and duties related to the Office of Electricity and Energy Assurance, I delegate to the Director of the Office of Electricity and Energy Assurance (Director) authority to take the following actions: 1.1 Implement section 13 of the Federal Energy Administration Act of 1974 (15 U.S.C. 772), to collect, assemble, evaluate and analyze energy information and to exercise all information gathering authorities provided in section 13. 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 Director determines to be necessary to assist in the formulation of energy policy or to carry out the purposes of ESECA, and to exercise all energy information reporting authorities provided in section 11. 1.3 In reference to electric power regulations under the Federal Power Act ((FPA), 16 U.S.C. 791(a)-825(r)): A. Implement section 206(d) of the FPA to investigate and determine, upon the Director’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 Director determines is necessary or appropriate to perform his functions. B. Implement section 311 of the FPA 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 Director 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 Director may find necessary or proper in order to determine whether any person has violated or is about to violate any provision of the FPA or any rule, regulation, or order thereunder, or to aid in the enforcement of the provisions of the FPA or in prescribing rules or regulations thereunder, or in obtaining information to serve as a basis for (Rescinded by 00-002.10A) 2 recommending further legislation concerning the matters to which the FPA relates. D. Regulate the export of electric energy to a foreign country, pursuant to the provisions of sections 202(e) and 202(f) 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. 1.4 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 (DPAS) Delegation 2, as amended, contained in the Department of Commerce DPAS regulation at 15 C.F.R. Part 700. The exercise of this authority is subject to the concurrence of the General Counsel 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. (Rescinded by 00-002.10A) 3 1.5 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 of the FUA; grant or deny exemptions from such prohibition, pursuant to sections 211 through 214 of FUA; issue prohibitions against the use of oil or natural gas to certifying existing electric powerplants under section 301 of FUA; grant or deny exemptions to certifying existing electric powerplants under sections 311 through 314 of FUA; and take such other actions as may be necessary or appropriate to perform 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. 1.6 Participate in any proceeding before the Federal Energy Regulatory Commission, pursuant to the provisions of section 405 of the DOE Act, 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 Director. 1.7 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.

1.8 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 (Rescinded by 00-002.10A) 4 Organization Act, to an official or officials one level below the Head of the Departmental Headquarters Element. D. The authority to establish or discontinue organizational elements at the first or second level below the Head of the Departmental Headquarters Element may not be redelegated. E. Acting Heads of Departmental Headquarters 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 Element, organizational units below the Head of a Departmental Headquarters Element may not exercise redelegations granting the authority to alter or consolidate units. 2. LIMITATION. 2.1. In exercising the authority delegated in this Order, a delegate shall be governed by the rules and regulations of DOE and the policies and procedures prescribed by the Secretary or delegate(s). 2.2. 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. 2.3. Nothing in this Order shall be construed as to supersede or otherwise interfere with the authorities delegated to the Administrator for Nuclear Security by law or by delegation. Furthermore, nothing herein constitutes authority to exercise authority, direction, or control of an employee of the National Nuclear Security Administration or its contractors. 2.4 Any amendments to this Order shall be in consultation with the Department of Energy General Counsel. 3. AUTHORITY TO REDELEGATE. 3.1 Except as expressly prohibited by law, regulation, or this Order, the Director may delegate this authority further, in whole or in part. 3.2 Copies of redelegations and any subsequent redelegations shall be provided to the Office of Management Communications, which manages the Secretarial Delegations of Authority system. (Rescinded by 00-002.10A) 5 4. DURATION AND EFFECTIVE DATE. 4.1. 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. 4.2. This Order is effective April 13, 2005. (Rescinded by 00-002.10A)