0204-131, Delegation Order No. 0204-131 to the Assistant Secretary for Management and Administration

[RESCINDED][RESCINDED] DEPARTMENT OF ENERGY DELEGATION ORDER NO. 0204-131 TO THE ASSISTANT SECRETARY FOR MANAGEMENT AND ADMINISTRATION Pursuant to the authority vested in me as Secretary of Energy and Section 19(g)(2) of the Federal Nonnuclear Energy Research and Development Act of 974 (Pub. L. No. 93-577, as amended by Pub. L. No. 95-238) (the Federal Nonnuclear Act) and as provided by Section 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 Management and Administration the authority: 1. To carry out all functions of the 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, Dakota Coal Company and Basin Electric Power Cooperative, which was executed as part of 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 of the 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. 3. 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 Assistant Secretary for Fossil Energy shall retain all programmatic authority 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. The authority delegated herein to the Assistant Secretary for Management and Administration 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. 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. 2 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 functions vested in him. This Order is effective May 2, 1989. /s/ Donna R. Fitzpatrick Acting Secretary of Energy