LP1-DEL-LP50-2025, Redelegation to Director, Portfolio Management Division, Loan Programs Office
Rescinds:
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Section 1
DEPARTMENT OF ENERGY
REDELEGATION ORDER NO. LP1-DEL-LP50-2025
TO DIRECTOR, PORTFOLIO MANAGEMENT DIVISION, LOAN PROGRAMS OFFICE
1. REDELEGATION. Under the authority vested in me as the 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 Redelegation Order No. S3-DEL-LP1-2025, I
delegate to the Director, Portfolio Management Division, Loan Programs Office,
authority to take the following actions:
1.1 Serve as the Contracting Officer to enter into, administer, and terminate:
A. Loan guarantees and 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 guarantees and 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 related nonprocurement documents associated
with loans issued pursuant to section 136(d) of the Energy Independence
and Security Act (42 U.S.C. 17013(d)) (the “ATVM Statute”) (such
agreements and documents, collectively “ATVM Loan Agreements”).
D. Term sheets and conditional commitments related to Loan Guarantee
Agreements and ATVM Loan Agreements (the “Conditional
Commitments”).
E. The foregoing authority (under subparagraphs A through D above) to
administer Loan Guarantee Agreements, ATVM Loan Agreements and
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Conditional Commitments shall include, without limitation, the authority
to:
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 work-out or restructuring plans approved by
the Director, Loan Programs Office, after consultation with the
Secretary.
4. Consult with the Secretary of the Treasury regarding the
restructuring of a loan guarantee under Title XVII and the
Secretary of the Treasury written analysis pursuant to 42 U.S.C.
16512(m)(1) and (2).
1.2 The foregoing authority shall be exercised only after the Secretary; the Under
Secretary (for Infrastructure); the Director, Loan Programs Office; or his/her
delegate has:
With respect to a Loan Guarantee Agreement or ATVM Loan Agreement,
granted final approval of such agreement; or
B. With respect to a Conditional Commitment, granted approval of such
Conditional Commitment.
2. RESCISSION. Redelegation Order No. 00-014.01B 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; the Under Secretary (for
Infrastructure); or the 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
Section 2
Department of Energy General Counsel.
4. AUTHORITY TO REDELEGATE. These authorities may not be redelegated, except that the
Director, Portfolio Management Division, may delegate the execution of amendments,
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waivers, and consents with respect to Loan Guarantee Agreements and ATVM Loan
Agreements to Deputy Director, Portfolio Management Division; Supervisor(s), Asset
Monitoring and Supervision, Portfolio Management Division; or Supervisor(s), Special
Assets, Portfolio Management Division, excluding those related to or constituting a loan
modification0F
1 and those related to work-out or restructuring plans approved by the
Director, Loan Programs Office.
1 OMB Circular No. A-11 defines a modification as “a Government action that (1) differs from actions assumed in the
baseline estimate of cash flows and (2) changes the estimated cost of an outstanding direct loan (or direct loan
obligation) or an outstanding loan guarantee (or loan guarantee commitment).”
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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 an 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 January 16, 2025.
__________________
Jigar Shah
Director
Loan Programs Office
2025-01-16T15:18:04-0500
JIGAR SHAH