014.04, Office of Loan Programs

DEPARTMENT OF ENERGY REDELEGATION ORDER NO. 00-014.04 TO THE DEPUTY EXECUTIVE DIRECTOR, OFFICE OF LOAN PROGRAMS I. DELEGATION. Pursuant to section 642 of the Department of Energy Organization Act (Public Law 95-91, 42 U.S.C. 7252), and Department of Energy Delegation Order No. 00-014A.OO, I delegate to the Deputy 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 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; and (b) conditional commitments related to Loan Guarantee Agreements (the "Conditional Commitments"); provided that the authority to administer the Loan Guarantee Agreements and Conditional Commitments shall include, without limitation, the authority to (i) extend the expiration date of a Conditional Commitment (for a period not to exceed six months from the original expiration date) and (ii) enter into amendments to Loan Guarantee Agreements and Conditional Commitments that do not result in a material change to the credit terms approved by the Credit Review Board and the Secretary. 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 terms. The foregoing authority shall be exercised only after the Secretary or his delegate has (1) with respect to a Loan Guarantee Agreement, granted final approval of such agreement or (2) with respect to a Conditional Commitment, granted approval of such Conditional Commitment. 1.2 Serve as the Contracting Officer to enter into, administer, and terminate (a) loan agreements and related nonprocurement documents ("ATVM Loan Agreements") for loans issued pursuant to section 136(d) of the Energy Independence and Security Act, 42 U.S.C. 17013(d); and (b) conditional commitments related ATVM Loan Agreements (the "Conditional Commitments"); provided that the authority to administer the ATVM Loan Agreements and Conditional Commitments shall include, without limitation, the authority to (i) extend the expiration date of a Conditional Commitment (for a period not to exceed six months from the original expiration date) and (ii) enter into amendments to ATVM Loan Agreements and Conditional Commitments that do not result in a material change to the credit terms approved by the Credit Review Board and the Secretary. The foregoing authority shall be exercised only after the Secretary or his delegate has (1) with respect to a ATVM Loan Agreement, granted final approval of such agreement or (2) with respect to a Conditional Commitment, granted approval of such Conditional Commitment. 2. RESCISSION. Redelegation Order No.00-014.03 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 Executive Director, Office of Loan Programs 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. 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 May 23, 2013 Pet Davidson Executive Director Office of Loan Programs