014.00A, Delegation Order No. 00-014.00A to the Executive Director, Office of Loan Programs
Functional areas: Finance, Miscellaneous
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Section 1
DEPARTMENT OF ENERGY
DELEGATION ORDER NO. 00-014.00A
TO THE EXECUTIVE DIRECTOR, OFFICE OF LOAN PROGRAMS
1. DELEGATION. Under the authority vested in me as Secretary of Energy and pursuant
to section 642 of the Department of Energy Organization Act (Public Law 95-91, 42
U.S.C. 7252), I delegate to the Executive Director, Office of Loan Programs authority to
take the following actions:
1.1 Serve as the Contracting Officer to enter into, administer, and terminate (a) loan
guarantees and loan guarantee agreements and all related nonprocurement
documents ("Loan Guarantee Agreements") issued pursuant to Title XVII of the
Energy Policy Act of2005, as amended, 42 U.S.C. 16511-16514; (b) loan
agreements and related nonprocurement documents ("A TVM Loan Agreements")
for loans issued pursuant to section 136( d) of the Energy Independence and
Security Act, 42 U.S.C. 17013(d); and (c) conditional commitments related to
Loan Guarantee Agreements and Advanced Technology Vehicles Manufacturing
(A TVM) Loan Agreements (the "Conditional Commitments"). The authority to
administer the Loan Guarantee Agreements, A TVM Loan Agreements and
Conditional Commitments shall include, without limitation, the authority to (i)
extend the date by which an offer of a Conditional Commitment must be
accepted, (ii) extend the expiration date of a Conditional Commitment, (iii) enter
into amendments to, and/or waivers and consents respecting the provisions of,
Loan Guarantee Agreements, A TVM Loan Agreements, and Conditional
Commitments, including in connection with a work out or restructuring plan
approved in accordance with clause (iv) of this Delegation, (iv) after consultation
with the Secretary of the Department of Energy, authorize and implement work
out or restructuring plans for loan and loan guarantee transactions, (v) after
consultation with the Secretary ofthe Department of Energy and the Chief
Financial Officer of the Department of Energy, authorize write-otis for loan and
loan guarantee transactions, upon the recommendation of the Director, Portfolio
Management Division of the Loan Programs Office and approval of and (vi)
subject to available budget authority, authorize additional loans or loan guarantees
to borrowers party to an existing Loan Guarantee Agreement or A TVM
Agreement for the project(s) financed by such agreements and in an aggregate
amount not to exceed the lesser of(a) ten percent (10%) of the aggregate principal
amount of the original loan or, in the case of a loan guarantee, the guaranteed
portion of the original loan and (b) $50,000,000. This authority shall not include
the right to terminate a Conditional Commitment pursuant to the authority that is
expressly reserved to the Secretary under 10 CFR Part 609 (the "Rule"), but shall
include the right otherwise to terminate Conditional Commitments in accordance
with their tenns. The foregoing authority shall be exercised only after the
Secretary or his delegate has ( 1) with respect to a Loan Guarantee Agreement or
ATVM Loan Agreement, granted final approval of such agreement; or (2) with
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respect to a Conditional Commitment, granted approval of such Conditional
Commitment. This authority may be redelegated as provided below.
2. RESCISSION. Delegation Order No. 00-014.00 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.
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3.2 Nothing in this Order precludes the Secretary 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 The Executive Director may redelegate this authority, including to the Chief
Operating Officer of the Loan Programs Office; provided that the Executive
Director may not further delegate this authority, in whole or in part, below the
Director of the Loan Guarantee Origination Division, the Director of the
Advanced Technology Vehicle Manufacturing Program Division or the Director,
Portfolio Management Division; provided further that the Executive Director may
not further delegate any of the following (collectively, the "non-redelegable
authority"): the authority to approve work out or restructuring plans for loan or
loan guarantee transactions; the authority to authorize write-offs for loans or loan
guarantee transactions; or the authority to authorize additional loans or loan
guarantees. The Executive Director shall provide notice to the Credit Review
Board and the Secretary of the Department of Energy of any actions taken
pursuant to such non-redelegable authority.
4.2 Copies of redelegations shall be provided to the Office of Management, which
manages the Secretarial Delegations of Authority system.
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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 AUG 2 5 2011
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Steven Chu
Secretary of Energy