006.03, Redelegation Order No. 00-006.03 to the Assistant Secretary for Energy Efficiency and Renewable Energy

DEPARTMENT OF ENERGY REDELEGATION ORDER NO. 00-006.03 TO THE ASSISTANT SECRETARY FOR ENERGY EFFICIENCY AND RENEWABLE ENERGY 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 to the Under Secretary for Science (and Energy}, I delegate to the Assistant Secretary for Energy Efficiency and Renewable Energy authority to take the following actions: 1.1 Under the National Energy Conservation Policy Act (NE CPA) Public Law 95-619, as amended: A. Make determinations pursuant to sections 216(d}(l} and (2). B. Grant waivers pursuant to section 216(e). C. Exercise authorities vested in me pursuant to Title Ill, 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. D. Exercise authorities vested in me pursuant to Title V, Part 3 of NECPA(42 U.S.C. sections 8251-8261) except the authority to report annually to the Congress as required by section 548(b) of NECPA. E. Exercise authorities vested in me pursuant to Title VIII of NECPA (42 U.S.C. sections 8287-8287c). 1.2 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 not be redelegated. 1.3 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 Energy Efficiency and Renewable Energy. 1.4 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 be delegated to the Manager of the Golden Field Office, but may not be further delegated. 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. 2 1.5 Under section 242 of the Energy Policy Act of 2005, make incentive payments to qualified owners or operators of hydroelectric facilities. 1.6 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. 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, test notices, or other enforcement related documents. 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 and Field 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. D. The authority to establish or discontinue organizational elements at the first or second level below the Head of Departmental or Field Element may not be redelegated. 3 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. 1.9 Exercise the authority of the Secretary of Energy granted under sections 1605(b)(l), 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 may not be further delegated. 1.10 Under section 988 of the Energy Policy Act of 2005: 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)(l). These authorities may not be redelegated further and may be exercised only after providing notification to the Office of the Secretary. Furthermore, the approval Authorities delegated in subparagraphs A and B can be exercised only 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."

4 1.11 Pursuant to section 1007 of the Energy Policy Act of 2005 (42 U.S.C. 7256{g)), as amended by section 3118 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, Pub. L. 111-383, approve the award of Other Transaction Agreements and perform the other functions of the Secretary as set forth in 42 U.S.C. 7256{g){9). This authority may be exercised only by an officer of the Department who has been appointed by the President by and with the advice and consent of the Senate, and with the concurrence of the Department's Senior Procurement Executive, on a transaction-by-transaction basis. This authority may not be redelegated. 2. RECISSION. Redelegation Order No. 00-002.0lf 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 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 Science (and Energy) from exercising any of the authority delegated by this Order. 3.3 Nothing in this Order shall be construed to supersede or otherwise interfere with the authorities provided 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. 3.4 Any amendments to this Order shall be in consultation with the Department of Energy General Counsel. 4. AUTHORITY TO REDELEGATE. 4.1 Except as expressly prohibited by law, regulation, or this Order, the Assistant Secretary for Energy Efficiency and Renewable Energy 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, 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 5.2 5 this Order are ratified and remain in force as if taken under this Order, unless or until rescinded, amended or superseded. This Order is effective NOV 1 7 20/t ~~~~~~~~~~~~~ Er~ Secretary of Energy