S4-DEL-FE1-2022, Redelegation to the Assistant Secretary for Fossil Energy and Carbon Management

DEPARTMENT OF ENERGY REDELEGATION ORDER NO. S4-DEL-FE1-2022 TO THE ASSISTANT SECRETARY FOR FOSSIL ENERGY AND CARBON MANAGEMENT 1. DELEGATION. Under the authority vested in me as Under Secretary for Science (and Innovation) and pursuant to section 642 of the Department of Energy Organization Act (Public Law 95-91, 42 U.S.C. 7252), I delegate to the Assistant Secretary for Fossil Energy and Carbon Management, authority to take the following actions: 1.1 Under section 643 of the Department of Energy Organization Act (42 U.S.C. 7253), establish, alter, consolidate, or discontinue such second tier or below organizational units or components within the Assistant Secretary for Fossil Energy and Carbon Management’s assigned programs and organizational elements as the Assistant Secretary for Fossil Energy and Carbon Management may deem to be necessary or appropriate. A. In exercising this authority, or as redelegated pursuant thereto, the Assistant Secretary for Fossil Energy and Carbon Management 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 prerelease clearances have been obtained. B. This authority does not include approval of additions, deletions, or transfers of mission and functions of or between Departmental Headquarters or Field Elements, which authority is reserved to the Secretary. C. The authority to alter or consolidate second tier or below organizational elements may be redelegated, in whole or in part, consistent with the terms of the Department of Energy Organization Act, to assigned Heads of Departmental Field Elements and to an official or officials one level below the Head of the Departmental Element. D. The authority to establish or discontinue organizational elements at the second tier or below may be redelegated only to the Head of Departmental Field Elements. 1.2 Under section 624 of the Department of Energy Organization Act (42 U.S.C. 7234) and in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2), nominate, appoint, renew the term of, and terminate the service of 2 members; convene meetings; and make the determination to close all or part of a meeting in accordance with 5 U.S.C. 552b(c) for all committees organized pursuant to the Federal Advisory Committee Act that are administratively supported by an organization reporting to the Assistant Secretary for Fossil Energy and Carbon Management. Pursuant to 18 U.S.C. 208(b)(3), after consultation with the Department's Designated Agency Ethics Official, issue conflict-of-interest waivers for special Government employees serving on a Federal Advisory Committee that is administratively supported by an organization that reports to the Assistant Secretary for Fossil Energy and Carbon Management. 1.3 Formulate and establish enforcement policy; initiate and conduct investigations; conduct conferences, administrative hearings, and public hearings; prepare required reports; issue orders; and take such other action as may be necessary or appropriate to perform any of the functions in this Redelegation. 1.4 Under section 988 of the Energy Policy Act of 2005: A. Approve requests for reduction or elimination of the cost sharing requirement for a research and development activity of an applied nature in accordance with section 988(b)(3);

B. Approve requests for reduction of the cost sharing requirement for the non-federal share of demonstration and commercial application activities in accordance with section 988(c)(2); and C. Exclude research and development of a basic or fundamental nature from the cost sharing requirements, as described in section 988(b)(2). These authorities may not be redelegated further and may be exercised only after providing notification to the Office of the Secretary. Furthermore, the approval Authorities delegated in subparagraphs A and B can be exercised only in coordination with the Secretarial Policy Statement entitled, “Application and Reduction or Elimination of Cost Share Requirements Under Section 988 of EPACT 2005, Public Law 109-58.” 1.5 In reference to the Great Plains Coal Gasification Project, as provided by section 646(a) of the Department of Energy Organization Act (42 U.S.C. 7256(a)) (initially authorized by section 19(g)(2) of the Federal Nonnuclear Energy Research and Development Act of 1974 (Public Law 93-577, as amended by Public Law 95-238) (the Federal Nonnuclear Act) (subsequently repealed by section 1009(b)(12) of the Energy Policy Act of 2005, Public Law 109-58): 3 A. 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, February 16, 1994, and December 21, 1998, between the United States of America, the Dakota Gasification Company, the Dakota Coal Company, and the Basin Electric Power Cooperative, which was executed as part of the conveyance of the Department of Energy's interests in the Great Plains Coal Gasification Project in Beulah, North Dakota, to Dakota Gasification Company and Dakota Coal Company. B. 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 by the Department of Energy in connection with the conveyance of the Department's interests in the Great Plains Coal Gasification Project. C. 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. 5488), or any other law, as specifically provided for by section 19(g)(2) of the Federal Nonnuclear Act. 1.6 In reference to the Naval Petroleum Reserves: A. Perform all functions vested in the Secretary of Energy by Subtitle B of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106) relating to the sale of Naval Petroleum Reserve Numbered 1, including the finalization of equity. B. Perform the functions specified in 10 U.S.C. 7427 and 7428, and vested in the Secretary of Energy by the President of the United States in Executive Order No. 12929, in order to meet the goals and objectives of the Naval Petroleum Reserves. C. Perform all functions vested in the Secretary of Energy by law (10 U.S.C. 7420-7439, including 10 U.S.C. 7420 note) relating to the administration of and jurisdiction over the Naval Petroleum Reserves, except for condemnation proceedings affecting such Reserves. D. Perform all duties and responsibilities required by the Unit Plan Contract between the United States of America and Chevron U.S.A., Inc., numbered NOd-4219, dated June 19, 1944, as amended; the Amendatory and Supplemental Agreement, between the same parties, numbered NOd-8477, dated December 22, 1948, as amended; and the

4 Agreement to Terminate the Unit Plan Contract, between the same parties, dated February 5, 1998. E. Perform all duties and responsibilities related to the disposition of the United States share of petroleum produced from the Naval Petroleum Reserves to or for the Department of Defense and the Strategic Petroleum Reserve pursuant to 10 U.S.C. 7430(k) and (l). F. Perform all functions vested in the Secretary of Energy by the provisions of Section 3404(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10 U.S.C. 7420 note) related to the disposition by sale of Naval Petroleum Reserve Numbered 3. 1.7 In reference to the regulation of imports and exports of natural gas: A. Perform the functions vested in the Secretary of Energy by sections 301(b) and 402(f) of the Department of Energy Organization Act to regulate natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b), as amended by section 201 of the Energy Policy Act of 1992 (Public Law 102-486) and section 311 of the Energy Policy Act of 2005 (Public Law 109-58): 1. Consistent with the authority delegated by this Order, the Assistant Secretary for Fossil Energy and Carbon Management or a delegate may attach such terms and conditions to import and export authorizations as the Assistant Secretary for Fossil Energy and Carbon Management or a delegate shall determine to be appropriate. 2. The authority delegated by this Order does not include the authority to approve the construction and operation of particular facilities, the site at which such facilities shall be located, and, with respect to natural gas that involves the construction of new domestic facilities, the place of entry for imports or exit for exports, except the Assistant Secretary for Fossil Energy and Carbon Management or a delegate is authorized to disapprove the construction and operation of particular facilities, the site at which such facilities shall be located, and, with respect to natural gas that involves the construction of new domestic facilities, the place of entry for imports or exit for exports. 5 B. Establish and review priorities for the curtailment of natural gas pursuant to the Natural Gas Act (15 U.S.C. 717 et seq.) and sections 401, 402, and 403 of the Natural Gas Policy Act of 1978 (Public Law 95- 621, 15 U.S.C. 3391-3393); and consult with the Deputy Secretary concerning energy emergency-related curtailment policy guidance, as necessary or appropriate. 1.8 For all programs funded by Fossil Energy appropriations, exercise the authority of the Secretary of Energy under the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111- 85), Title III, Department of Energy, Energy Programs, Fossil Energy Research and Development, to vest fee title or other property interests acquired in any entity, including the United States. 1.9 Exercise the authority of the Secretary of Energy under Title IV, Subtitle A, Section 402(f) of the Energy Policy Act of 2005 (Public Law 109-58, 42 U.S.C. 15962) with respect to scheduled completion of selected Clean Coal Power Initiative projects. 1.10 Participate in any proceeding before the Federal Energy Regulatory Commission, pursuant to the provisions of section 405 of the Department of Energy Organization Act (42 U.S.C. 7175), or in any proceeding before any Federal or State agency or commission whenever such participation is related to the exercise of authority delegated to the Assistant Secretary for Fossil Energy. The exercise of this authority is subject to the concurrence of the General Counsel.

2. RESCISSION. Redelegation Order S4-DEL-FE1-2021 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 for Science (and Innovation) from exercising any of the authority delegated by this Order. 3.3 Nothing in this Order shall be construed to supersede or otherwise interfere with the authorities provided to the Administrator for Nuclear Security by law or by delegation. Furthermore, nothing herein constitutes authority to exercise authority, direction, or control of an employee of the National Nuclear Security Administration or its contractors. 6 3.4 Any amendments to this Order shall be made in consultation with the Department of Energy General Counsel. 4. AUTHORITY TO REDELEGATE. 4.1 Except as prohibited by law, regulation, or this Order, the Assistant Secretary for Fossil Energy and Carbon 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 06/13/22. __________________ Geraldine Richmond Under Secretary for Science (and Innovation)