Archives of Directives

Rescinded

014.00B, Delegation to the Executive Director, Loan Programs Office

Functional areas: Finance, Miscellaneous

00-014.00B LPO.pdf149.91KB
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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 2 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. 3 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

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