0204-130, Delegation Order No. 0204-130 to the Assistant Secretary for Fossil Energy

[RESCINDED][RESCINDED] DEPARTMENT OF ENERGY DELEGATION ORDER NO. 0204-130 TO THE ASSISTANT SECRETARY FOR FOSSIL ENERGY Pursuant to the authority vested in me as Secretary of Energy and by Section 19(g)(2) of the Federal Nonnuclear Energy Research and Development Act of 1974 (Pub. L. No. 93-577, as amended by Pub. L. No. 95-238) (the Federal Nonnuclear Act) and as provided by Sections 642 and 646(a) of the Department of Energy Organization Act (Public L. No. 95-91), there is hereby delegated to the Assistant Secretary for Fossil Energy the authority: 1. To undertake all actions that are necessary and proper, on behalf of the United States of America, acting by and through the Secretary of Energy, to administer all agreements and contracts entered into as of October 31, 1988, by the Department of Energy in conjunction with the conveyance of the Department’s interests in the Great Plains Coal Gasification Project in Beulah, North Dakota, to Dakota Gasification Company and Dakota Coal Company. 2. To carry out all functions by Contracting Officer, as that term is defined in the Asset Purchase Agreement dated as of October 7, 1988, and amended as of October 31, 1988, between the United States of America, Dakota Gasification Company and Dakota Coal Company and Basin Electric Power Cooperative. 3. To carry out all functions of Contracting Officer, as that term is defined in the Great Plains Project Trust Agreement and the Great Plains Project Liquidating Trust Agreement, dated as of October 31, 1988, and October 24, 1988, respectively. 4. To direct the distribution of funds from the Project Liquidating Trust and from such accounts as may be or have been made available for the purpose of funding all post closing activities and all other activities provided for or necessitated in the administration and execution of all contracts and agreements referred to or associated with the transfer of the Great Plains project assets on October 31, 1988. The authority delegated herein to the Assistant Secretary for Fossil Energy may be redelegated in whole or in part. In exercising the authority delegated by this Order, the delegate may act without regard to the provisions of the Federal Property and Administrative Services Act of 1949, as amended, except section 207 of that Act (40 U.S.C. §488), or any other law, as specifically provided for by section 19(g)(2) of the Federal Nonnuclear Act, supra. -2- 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 hereby confirmed and ratified, and shall remain in full force and effect as if taken under this Order, unless or until rescinded, amended or superseded. Nothing in this Order shall preclude the Secretary from exercising any of the authority so delegated whenever in his judgment his exercise of such authority is necessary or proper to administer the functions vested in him. This Order is effective February 24, 1989. /s/ Donna R. Fitzpatrick Acting Secretary