014.00B, Delegation to the Executive Director, Loan Programs Office
Functional areas: Finance, Miscellaneous
Rescinds:
Rescinded By:
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
DEPARTMENT OF ENERGY
DELEGATION ORDER NO. 00-014.00B
TO THE EXECUTIVE DIRECTOR, LOAN PROGRAMS OFFICE
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, Loan Programs Office, authority to take the
following actions:
I.I Serve as the Contracting Officer to enter into, administer, and terminate (a) loan
guarantees and loan guarantee agreements and all related nonprocurement documents
(collectively, "Title XVII Loan Guarantee Agreements") issued pursuant to Title
XVII of the Energy Policy Act of 2005, as amended, 42 U.S.C. 16511-16514 ("Title
XVII'); (b) loan guarantees and loan guarantee agreements and all related
nonprocurement documents (collectively, "TELGP Loan Guarantee Agreements"
and, together with Title XVII Loan Guarantee Agreements, "Loan Guarantee
Agreements") issued pursuant to Title XXVI of the Energy Policy Act of 1992, as
amended, 25 U.S.C. 3502(c) ("TELGP'); and (c) loan agreements and related
nonprocurement documents (collectively "ATVM Loan Agreements") for loans issued
pursuant to section 136(d) of the Energy Independence and Security Act, 42 U.S.C.
17013(d) (the "ATVM Statute"); (d) conditional commitments related to Loan
Guarantee Agreements and ATVM Loan Agreements (the "Conditional
Commitments"). The authority to administer 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, ATVM Loan Agreements, and Conditional Commitments,
including in connection with the 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 under Title XVII, TELGP
and the ATVM Statute, (v) after consultation with the Secretary of the Department of
Energy and the Chief Financial Officer of the Department of Energy, authorize write
offs for loan and loan guarantee transactions under Title XVII, TELGP and the ATVM
Statute, upon the recommendation of the Director, Portfolio Management Division of
the Loan Programs Office; and (vi) subject to available budget authority, authorize
additional loans or loan guarantees to borrowers party to an existing Loan Guarantee
Agreement or ATVM Loan 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 issued under Title XVII
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
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Commitments in accordance with their terms. 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 respect to a Conditional Commitment, granted approval of such
Conditional Commitment. This authority may be redelegated as provided below.
Section 2
2. RESCISSION. Delegation Order No. 00-014.00A 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.
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 February 20, 2018.
K,c1<.. �eR.B.<1
Rickl'a:ry
,,_
Secretary of Energy