S3-DEL-RW1-2009, Redelegation to the Director, Office of Civilian Radioactive Waste Management

DEPARTMENT OF ENERGY REDELEGATION ORDER NO. 00-002.06C S3-DEL-RW1-2009 TO THE DIRECTOR, OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT 1. DELEGATION. Pursuant to section 202(b) of the Department of Energy Organization Act (Public Law 95-91, 42 U.S.C. 7132(b)) and Secretary of Energy Delegation Order to the Under Secretary, I delegate to the Director, Office of Civilian Radioactive Waste Management, authority to take the following actions: 1.1 Sign all documents and take such other actions as may be necessary and appropriate for the submission for publication to the Federal Register of notices concerning actions undertaken to implement the authorities and functions provided in the Nuclear Waste Policy Act of 1982 (Public Law 97-425). The authority delegated does not include rulemaking authority. 1.2 Report and transmit, on a semi-annual basis, site characterization progress reports for the Yucca Mountain site in the State of Nevada to the Nuclear Regulatory Commission, the Governor and the legislature of the State of Nevada, and other interested parties including the United States Congress. The reports are required under section 113(b)(3) of the Nuclear Waste Policy Act of 1982, as amended (Public Law 97-425, as amended by Title V, Subtitle A, of Public Law 100-203). Any such report, which is issued by the Director pursuant to this Order, must be submitted for concurrence by the General Counsel, the Assistant Secretary for Congressional and Intergovernmental Affairs, and the Under Secretary prior to its transmittal to the Nuclear Regulatory Commission, the Governor and the legislature of the State of Nevada, Congress, and other interested parties. Each such report will be submitted to the Office of the Secretary at least one week prior to transmittal to the Nuclear Regulatory Commission, the Governor and the legislature of the State of Nevada. 1.3 Establish, alter, consolidate or discontinue such organizational units or components within assigned organizational elements as deemed to be necessary or appropriate. A. In exercising this authority, or as redelegated pursuant thereto, delegates will be limited by approved budgets, staffing level allocations, and Senior Executive Service and other executive resource position allocations. Organizational changes shall not be announced or implemented until appropriate union coordination and other pre-release clearances have been obtained. Diane Cross-Out 2 B. This authority does not include approval of additional, deletion, or transfer of mission and functions of or between Departmental Headquarters or Field Elements, which authority is reserved to the Secretary. C. Heads of Departmental Headquarters may delegate the authority to alter or consolidate organizational elements further, in whole or in part, consistent with the terms of the Department of Energy Organization Act, to an official or officials one level below the Head of the Departmental Headquarters. D. The authority to establish or discontinue organizational elements at the first or second level below the Departmental Headquarters may not be redelegated. E. Acting Heads of Departmental Headquarters may not redelegate these authorities and may only establish, alter, consolidate or discontinue organizational units at the third level and below. During the tenure of an acting Head of a Departmental Headquarters, organizational units below the Head of Departmental Headquarters may not exercise redelegations granting the authority to alter or consolidate units.

F. This authority shall be exercised in accordance with, and shall be subject to the requirements of, the Secretary of Energy’s Memorandum to All Department of Energy Employees relating to functional accountability, dated May 23, 2006. 1.4 Assert on a nonexclusive basis, the Federal Government’s deliberative process privilege with respect to any matters arising under his or her cognizance. 1.5 Designate a qualified individual within the Office of Civilian Radioactive Waste Management to perform the functions of the “Contracting Officer” defined in 10 CFR Part 961.11 as they apply to the Standard Contract for Spent Nuclear Fuel and/or High-Level Radioactive Waste. 2. RESCISSION. Delegation Order 00-002.06B 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 Under Secretary from exercising any of the authority delegated by this Order. 3 3.3 Any amendments to this Order shall be in consultation with the Department of Energy General Counsel. 4. AUTHORITY TO REDELEGATE. 4.1 Except as expressly prohibited by law, regulation, or this Order, the Director, Office of Civilian Radioactive Waste Management may delegate this authority further, in whole or in part. 4.2 Copies of redelegations and any subsequent redelegations shall be provided to the Office of Management, which manages the Secretarial Delegations of Authority system. 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 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. 5.2 This Order is effective January 16, 2009. Director, Office of Civilian Radioactive Waste Management Designation of Contracting Officer for the Standard Contract Chief Operating Officer