LP1-DEL-COO-2019, Redelegation to the Chief Operating Officer, Loan Programs Office
Previously 002.19-01. The Secretarial Delegations of Authority Program has revised the Delegations and Designations numbering system. Contact the Directives Program for more information.
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Rescinded By: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
REDELEGATION ORDER NO. 00-002.19.01 LP1-DEL-COO-2019
TO THE CHIEF OPERATING OFFICER, LOAN PROGRAMS OFFICE
1. RE DELEGATION. Under the authority vested in me as the Executive Director, Loan
Programs Office, and pursuant to section 642 of the Department of Energy Organization
Act (Public Law 95-91, 42 U.S.C. 7252) and Delegation Order 00.002.19, I delegate to the
Chief Operating Officer, Loan Programs Office, 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
associated with loan guarantees issued pursuant to Title XVII of the
Energy Policy Act of 2005, as amended {42 U.S.C. 16511-16514) ("Title
XVII") (such agreements and documents, collectively "Title XVII Loan
Guarantee Agreements").
B. Loan guarantee agreements and all related nonprocurement documents
associated with loan guarantees issued pursuant to Title XXVI of the
Energy Policy Act of 1992, as amended {25 U.S.C. 3502{c)) ("TELGP")
(such agreements and documents, collectively "TELGP Loan Guarantee
Agreements" and, together with Title XVII Loan Guarantee Agreements,
"Loan Guarantee Agreements").
C. Loan agreements and all related nonprocurement documents associated
with loans issued pursuant to Section 136(d) of the Energy Independence
and Security Act of 2007, as amended (42 U.S.C. 17013(d)) (the "ATVM
Statute") (such agreements and documents, collectively "ATVM Loan
Agreements").
D.
E.
Term Sheets and conditional commitments related to Loan Guarantee
Agreements and ATVM loan Agreements (the "Conditional
Commitments"), including the right to terminate Conditional
Commitments in accordance with their terms; provided, however, that
this authority shall not include the right to terminate a Conditional
Commitment for loan guarantees issued under Title XVII pursuant to the
authority that is expressly reserved to the Secretary under 10 CFR Part
609.2.
The foregoing authority {under subparagraphs A through D above) to
administer Loan Guarantee Agreements, ATVM Loan Agreements and
Conditional Commitments shall include, without limitation, the authority
to:
I
I
I
I
t
Diane
Cross-Out
2
1. Extend the date by which an offer of a Conditional Commitment
must be accepted;
2. Extend the expiration date of a Conditional Commitment;
3. Enter into amendments to, 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 by
the Executive Director, Loan Programs Office, after consultation
with the Secretary.
1.2 The foregoing authority shall be exercised only after the Secretary; the Under
Secretary (of Energy); the Executive Director, Loan Programs Office; or his/her
delegate has:
1.2.1 With respect to a Loan Guarantee Agreement or ATVM Loan Agreement,
granted final approval of such agreement; or
1.2.2 With respect to a Conditional Commitment, granted approval of such
Conditional Commitment.
2. RESCISSION. Redelegation Orders No. 00-014.03A and 00-014.04A are hereby
rescinded.
3.
4.
5.
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.
Section 2
3.2 Nothing in this Order precludes the Secretary; the Under Secretary (of Energy);
or the Executive Director, Loan Programs Office from exercising any of the
authority delegated by this Order.
3.3 Any amendments to this Order shall be made in consultation with the
Department of Energy General Counsel.
AUTHORITY TO REDELEGATE. These authorities may not be redelegated.
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 an in effect on the date of
3
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 Sept. 18' 2019
Dong Kim
Acting Executive Director
Loan Programs Office I
I
r ,I
i
I!
I'
1-1
.!
[ ;,
I
1!
I!
I'
I
i
I ,, ,,
I
!!
, I
I
ii
I • I
I
I
'
r