DOE O 544.1B, Priorities and Allocations Program

AVAILABLE ONLINE AT: INITIATED BY: www.directives.doe.gov Office of Cybersecurity, Energy Security, and Emergency Response U.S. Department of Energy ORDER Washington, D.C. Approved: 08-05-2026 SUBJECT: PRIORITIES AND ALLOCATION PROGRAM 1. PURPOSE. a. To establish coordinated responsibilities for the administration of the Unites States (U.S.) Department of Energy (DOE) Priorities and Allocations Program (Program) as authorized through Title I of the Defense Production Act of 1950 (DPA), as amended, and to ensure the efficient and proactive communication of priority rating authority to Management and Operating (M&O) contractors, particularly through established DOE Work Authorization processes. b. For both non-emergency and emergency conditions, to maintain the Program that will: (1) Promote the national defense with respect to energy production and construction, distribution and use, and directly related activities; (2) Maximize domestic energy supplies; and (3) Make appropriate Program determinations and carry out DOE’s rating authority in furtherance of promoting national defense and maximizing domestic energy supplies. 2. CANCELS/SUPERSEDES. DOE O 544.1A, Priorities and Allocations Program, dated January 29, 2024. Cancellation of a directive does not, by itself, modify or otherwise affect any contractual obligation to comply with such a directive. Canceled directives that are incorporated by reference in a contract remain in effect until the contract is modified to delete the reference to the requirements in the canceled directive. DOE O 544.1B 2 DOE O 544.1B 08-05-2026 3. APPLICABILITY. This Order applies to all Departmental elements, including National Nuclear Security Administration (NNSA) elements. The NNSA Administrator will ensure that NNSA employees comply with their respective responsibilities under this Order. 4. REQUIREMENTS. a. General. (1) Because the Program implements DPA authorities delegated by the President to DOE and other agencies, the Program must reflect coordination across Departmental elements and the interagency community charged with implementing the DPA. (2) DOE must fulfill its unique role in support of Department of Defense programs while coordinating its Program actions with other Departmental elements as directed in this Order. (3) The Under Secretary of Energy, acting through the Office of Cybersecurity, Energy Security, and Emergency Response (CESER), will lead DOE coordination internally and externally on Program implementation. (4) For NNSA elements, the formal designation of programs and projects eligible for DO or DX priority ratings and program identification symbol must be communicated to M&O contractors via the NNSA Work Authorization process or Interagency Agreements entered into by the Contracting Officer or other method for non-program specific ratings. This process must ensure early identification of rating requirements by the responsible NNSA Federal Program Office, visibility by the cognizant Field Office Contracting Officer, and clear authorization to the M&O for implementation and use on procurement, subcontracts, and transactions. If the M&O needs to request a rating, believes a rating to be missing, or has questions related to ratings, the NNSA Field Office Contracting Officer must address such requests and inquiries and facilitate resolution in a timely manner.

(5) For any single indivisible component, material, service, or deliverable funded by multiple programs or projects, NNSA and CESER must ensure that a unified and highest applicable priority rating is assigned and communicated to the M&O Contractor. NNSA Federal Program Offices and the cognizant Field Office Contracting Officer must resolve any rating inconsistencies prior to issuing any Work Authorization or funding directive to an M&O Contractor. DOE O 544.1B 3 08-05-2026 b. Requests for a Priority Rating. A priority rating on a contract or order obligates the supplier to comply with the terms of the contract or order even if it would negatively affect compliance with preexisting, non-rated orders from other customers. DOE has authorities, either delegated by the President or re-delegated from the Department of Commerce, to place or authorize others to place rated contracts and orders under certain circumstances. (1) Use of Rating Authority for Industrial Resources to Promote the National Defense under the Defense Priorities and Allocations System (DPAS). (a) Departmental elements seeking a priority rating for Industrial Resources, with the exception of NNSA elements, must submit requests through their Head of Contracting Activity (HCA) to the Under Secretary of Energy, acting through the designated CESER Official. The HCA must provide supporting documentation as directed by the Under Secretary of Energy, acting through the designated CESER Official. This may include the Department of Commerce Form BIS-999 or substitute form. (b) NNSA elements will follow processes established by the NNSA Administrator to use Rating Authority in support of Department of Defense Program Determinations. For any proposed action requiring a new or revised DOE program determination, the Under Secretary of Energy, acting through the designated CESER Official, will coordinate the issuance of a new or revised DOE program determination. (2) Use of Rating Authority for Energy Resources to Promote the National Defense under the Energy Priorities and Allocations System (EPAS). (a) Departmental elements, with the exception of NNSA elements, seeking a priority rating for energy resources, such as fuel, must submit requests through their HCA to the Under Secretary of Energy, acting through the designated CESER Official. The HCA must provide supporting documentation as directed by the Under Secretary of Energy, acting through the designated CESER Official. Due to the significant consequences of federal intervention into energy markets, the Under Secretary of Energy, acting through the designated CESER Official, may conduct additional due diligence. (b) Due to the significant consequences of federal intervention into Energy markets, NNSA elements seeking a priority rating for energy resources must notify the Under Secretary of Energy, acting through the designated CESER Official, 5 business days prior to priority rating issuance. 4 DOE O 544.1B 08-05-2026 (3) Use of Rating Authority to Maximize Domestic Energy Supplies. The underlying statutory authority has been delegated by the President in a manner split between DOE and the Department of Commerce. The Under Secretary of Energy, acting through the designated CESER Official, in consultation with the Office of the General Counsel, will evaluate whether any request for a priority rating from Departmental elements may be implemented through this alternative pathway.

c. Requests for Allocations. Any request for allocations, meaning official action to control the distribution of materials, services, equipment, or facilities in the domestic market, is an extraordinary request that requires involvement of DOE senior leadership and must be coordinated through CESER. To the extent practicable, such coordination will involve the Deputy Secretary, the Under Secretary of Energy, the Office of Critical Minerals and Energy Innovation, the Office of Management (MA), CESER, Office of Electricity, and NNSA. d. Oversight of Program Implementation. Departmental elements with delegated DPA Title I authority must conduct periodic reviews of field element implementation of the Program. 5. RESPONSIBILITIES. a. Under Secretary of Energy. (1) Ensure that staff and contractors under their jurisdiction are advised of the responsibilities defined in this Order. (2) Ensure that DOE staff and contractors follow Program procedures and receive the training required to implement Program procedures, noting the different procedures for DPAS and EPAS. (3) Oversee DOE internal and external coordination on Program implementation. (4) Oversee DOE engagement with the Department of Commerce concerning policies, procedures, and regulations of the DPAS. b. Under Secretary for Nuclear Security and NNSA Administrator. (1) Ensure that staff and contractors under their jurisdiction are advised of the responsibilities defined in this Order. (2) Ensure that NNSA staff and contractors follow Program procedures and receive the training required to implement Program procedures, noting the different procedures for DPAS and EPAS. DOE O 544.1B 5 08-05-2026 (3) Exercise delegated authority to issue priority ratings with respect to NNSA programs. This includes establishing the internal NNSA framework and guidance to ensure NNSA Federal Program Offices and cognizant Field Office Contracting Officers proactively identify and incorporate appropriate priority rating designations and program identification symbol (as applicable) within NNSA Work Authorizations or Interagency Agreements issued to M&O contractors. (4) Oversee coordination of all requests for Special Priorities Assistance with the Department of Commerce as required under DPAS Delegation 2. Provide contemporaneous notification to the Under Secretary of Energy, acting through the designated CESER Official, of NNSA outreach to the Department of Commerce. (5) Notify the Under Secretary of Energy, acting through the designated CESER Official, when consulting with agencies other than the Department of Defense for support related to Program implementation. c. Deputy Associate Administrator for Partnership and Acquisition Services. (1) Develop and maintain policies, standards, contract articles, and procedures, and provide Headquarters NNSA direction, coordination, and administration of NNSA-wide DPAS use. (2) Refer Program matters that do not concern NNSA to the Under Secretary of Energy, acting through the designated CESER Official. (3) Maintain a list of NNSA programs designated as eligible for the DX program rating, as determined by the Department of Defense. Ensure the dissemination of a comprehensive and current registry of NNSA programs and projects designated as eligible for ratings, serving as a shared reference for NNSA elements and M&O contractors to inform specific Work Authorization designations. (4) Notify the heads of NNSA elements of Program Determinations in effect.

(5) Notify heads of field offices and HCAs when eligible priority rating applications are approved. (6) Review and coordinate with responsible organizations applications received from HCAs related to the construction or alteration of privately owned facilities. (7) Address field element Program implementation issues and coordinate all requests for Special Priorities Assistance with the Department of Commerce as required under DPAS Delegation 2. Provide contemporaneous notification to the Under Secretary of Energy, acting through the designated CESER Official, of NNSA outreach to the Department of Commerce. 6 DOE O 544.1B 08-05-2026 (8) Conduct periodic evaluation of field element Program implementation. (9) Assign contractors and subcontractors the right, as appropriate and necessary, to place rated contracts and orders for maintenance, repair, and operating supplies under DPAS. (10) Evaluate contractors’ operations under the DPAS and EPAS regulation and procedures to ensure compliance. Ensure that contractors and subcontractors adhere to limitations of applicable authority. (11) Consolidate cross-NNSA data annually and report to the Under Secretary of Energy, acting through the designated CESER Official, consistent with the congressional and interagency reporting requirements identified by the designated CESER Official. Such reporting must include but not be limited to “Total DO Quantity” and “Total DO Dollars,” “Total DX Quantity” and “Total DX Dollars,” and data by site and also by total NNSA. d. Director of the Office of Acquisition Management. (1) Develop and maintain policies, standards, contract articles, and procedures with respect to MA’s Program responsibilities. (2) Modify responsibilities of HCAs or their representatives to implement policies and procedures issued by the Department of Commerce. (3) Coordinate all requests for Special Priorities Assistance with the Under Secretary of Energy, acting through the designated CESER Official, who will handle outreach to the Department of Commerce as required under DPAS Delegation 2 and will coordinate with other Departmental elements as appropriate. (4) Direct all requests for the issuance of Program Determinations to the Under Secretary of Energy, acting through the designated CESER Official. (5) Exercise delegated authority to issue priority ratings consistent with the terms and scope of the Program Determination issued by the Under Secretary of Energy, acting through the designated CESER Official with respect to programs falling within MA’s organizational responsibility. e. Heads of Contracting Activity. (1) Ensure that staff and contractors under their jurisdiction are advised of the provisions of this Order and that related procedures are followed. (2) Evaluate their contractors’ operations under the DPAS and EPAS regulation and procedures to ensure compliance. DOE O 544.1B 7 08-05-2026 (3) As appropriate, following requisite Program Determination and priority rating findings by CESER or NNSA consistent with section 4, Requirements of this Order, and assign priority ratings. (4) Authorize contractors and subcontractors to place rated contracts and orders when advised by the Rating Authority Approving Official that such requests have been approved. (5) Apply or assign to others the authority to apply the DX program rating only when notified of the eligibility of a program by the Rating Authority Approving Official.

(6) Authorize contractors and subcontractors to place DPAS rated contracts and orders in accordance with DPAS Delegation 2, 15 CFR § 700, Defense Priorities and Allocations System, and applicable guidance. (7) Forward all requests for Special Priorities Assistance to CESER with a copy to Office of Acquisition Management (OAM) Business Clearance. (8) At their discretion, appoint in writing a primary and an alternate representative to the Program who are empowered to carry out the HCA’s responsibilities under this Order. (9) Ensure that appropriate Federal Acquisition Regulation and DOE Acquisition Regulation contract clauses are inserted into solicitations and contracts that are or will be rated under DPAS. (10) Ensure that NNSA Work Authorizations originating from Federal Program Offices under their cognizance accurately reflect any designated priority ratings, verifying their appropriateness and consistency with NNSA policy and this Order before final approval. f. Director, Office of Cybersecurity, Energy Security, and Emergency Response. (1) Lead DOE internal and external coordination on Program implementation. Ensure full coordination with relevant Departmental elements with respect to DOE’s Program Determinations and priority ratings, as appropriate. Ensure full interagency coordination with respect to Program Determinations and priority ratings issued by DOE. (2) Lead DOE engagement with the Department of Commerce concerning policies, procedures, and regulations of the DPAS. (3) Evaluate and serve as the approving authority for all DOE Program Determinations and priority ratings, except for those issued by NNSA, in accordance with delegated authority. 8 DOE O 544.1B 08-05-2026 (4) Maintain a list of DOE programs, except NNSA programs, eligible for the DX program rating and notify HCAs or their Program representatives of the eligible programs. (5) Review and coordinate with responsible organizations and program offices the applications received from heads of contracting activities or their delegates for requests associated with the construction or alteration of privately owned facilities. (6) Notify HCAs or their Program representatives of approval of priority rating applications. Provide contemporaneous notification to the director of the OAM. (7) Conduct research as practicable to identify whether the issuance of a Program Determination or priority rating may create a conflict with or unanticipated impact to a DOE or other federal agency program. (8) Fulfill DOE’s external reporting obligations, to include congressional and interagency requirements, with respect to the issuance of Program Determinations and priority ratings. (9) Exercise the authority delegated under section 701 of Executive Order (EO)13603, “National Defense Resources Preparedness,” to coordinate DOE’s participation as part of the Defense Production Act Committee. (10) Exercise the authority delegated to the Secretary in Department of Commerce DPAS Delegation 2, as amended. (11) Manage the execution of the EPAS program, in accordance with 10 CFR § 217, Energy Priorities and Allocations System, for all DOE elements except NNSA. (12) In coordination with the Office of Management, exercise the authority under section 203 of EO 13603 to maximize domestic energy supplies. Serve as the communications conduit with the Department of Commerce to ensure all necessary findings.

(13) Facilitate the adjudication of conflicting or redundant Program Determinations and priority ratings across DOE program offices, Power Marketing Administrations, and laboratories (M&O contractors subject to the requirements in the Contractor Requirements Document [CRD]). (14) Provide NNSA with necessary access and guidance to facilitate the proper integration of DOE Program Determinations and priority rating requirements into NNSA’s Work Authorization system, ensuring interagency coordination as required. DOE O 544.1B 9 08-05-2026 g. Director, Office of Critical Minerals and Energy Innovation. (1) Coordinate with the Under Secretary of Energy, acting through the designated CESER Official, Director of the OAM, Deputy Associate Administrator for Partnership and Acquisition Services, and General Counsel on Department-wide DPA policy. (2) Work with the Under Secretary of Energy, acting through the designated CESER Official to identify supply chain vulnerabilities that merit additional DOE action. h. DOE Office of the General Counsel. (1) Serve as legal counsel on Department-wide DPA policy and coordinate with NNSA Office of General Counsel as appropriate. (2) As appropriate and necessary, advise on all activities that deviate from the provisions of this directive. (3) Evaluate proposed Program Determinations and uses of Rating Authority to fulfill DOE delegation orders. (4) Represent Departmental elements in interagency legal discussions concerning DPA statutory and regulatory interpretation. i. NNSA Office of the General Counsel. (1) As appropriate and necessary, advise on NNSA activities that deviate from the provisions of this directive in coordination with DOE Office of the General Counsel. (2) Evaluate proposed NNSA uses of Rating Authority to fulfill DOE delegation orders. (3) Represent NNSA in interagency legal discussions concerning DPA statutory and regulatory interpretation in coordination with DOE Office of the General Counsel. 6. INVOKED STANDARDS. This Order does not invoke any DOE technical standards or industry standards as required methods. Note: DOE O 251.1, current version, provides a definition for “invoked technical standard.” 7. DEFINITIONS. In addition to the definitions contained in the DPAS regulation (15 CFR § 700) and 10 CFR §§ 216, Materials Allocation and Priority Performance Under Contracts or Orders to Maximize Domestic Energy Supplies, and 217, Materials Allocation and Priority Performance Under Contracts or Orders to Maximize Domestic Energy Supplies, the following definitions apply to this Order. 10 DOE O 544.1B 08-05-2026 a. Defense Priorities and Allocations System (DPAS). Department of Commerce regulation and set of procedures that operate to direct the flow of material and products to national defense programs and programs that maximize domestic energy supplies, provide for preferential treatment by industry of contracts and orders placed in support of the programs, and maintain an administrative means of promptly mobilizing the total economic resources of the nation in the event of a national emergency. b. Designated CESER Official. The Deputy Director of Response and Restoration within CESER, or an alternate official whom the Director of CESER designates in writing and who acts under authority from the Under Secretary of Energy. c. DO. The rating symbol assigned to all authorized programs that are not DX programs. d. DX. The rating symbol assigned only to authorized programs of the highest national priority.

e. Energy. All forms of energy, including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy. f. Indivisible Component. An indivisible component is a single item, system, or assembly that cannot be functionally separated or procured in parts without rendering it useless for its intended purpose. g. Industrial Resources. All materials, services, and facilities, including construction materials, the authority for which has not been delegated to other agencies under EO 13603. h. National Defense. Programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5195 et seq., and critical infrastructure protection and restoration. i. Priority Rating. A rating with a prefix of either DO or DX, followed by an authorized program identification symbol, made to a contract or order pursuant to the DPA, as amended, or its delegated authority, and which requires the contract or order to be given priority over any other contract or order without such a rating or with a lower precedence rating. DOE O 544.1B 11 08-05-2026 j. Program Determination. A finding made by either the Secretary of Defense, Secretary of Energy, or Secretary of Homeland Security that a program within their departmental purview is necessary or appropriate to promote the national defense. Programs under the purview of the Secretary of Energy include those with respect to energy production and construction, distribution and use, and directly related activities. The authority to make a DOE program determination has been delegated to DOE Under Secretary of Energy and Director of CESER. k. Rated Order or Contract. A prime contract, subcontract, or purchase order for services, products, or materials, which may be rated in accordance with the relevant Program regulation. l. Rating Authority. The authority delegated to the Secretary of Energy in EO 13603, sections 201 and 203, to place or authorize others to place rated contracts and orders. This also includes the authority delegated to DOE in the DPAS Delegation 2, to place or authorize others to place rated contracts and orders. m. Rating Authority Approving Official. (1) Designated CESER Official, or (2) For NNSA elements, the Director, Office of Procurement and Assistance Management for Rating Authority using DPAS. n. Special Priorities Assistance. Any form of assistance that is provided to the recipient of a priority rating following its issuance and which is intended to help resolve unanticipated issues that have caused or may cause delays in the delivery of the items or services covered by the priority rating beyond those expected at the time the priority rating was issued. Special Priorities Assistance may be used, for example, to resolve delivery conflicts, expedite deliveries, or locate suppliers. This definition applies to the term Special Priorities Assistance as it is used in this Directive. The term Special Priorities Assistance may be used elsewhere to refer to the full scope of federal agency activities associated with issuing a priority rating as authorized by section 101 of the DPA, as amended; however, that is not the intended use of the term within this directive.

o. NNSA Work Authorization. A formal document issued by an NNSA Federal Program Office, with the concurrence of the cognizant Field Office Contracting Officer, to an M&O contractor, authorizing work scope and funding. For purposes of this Order, the NNSA Work Authorization must serve as the primary mechanism for communicating formal DO or DX priority rating designations and associated program identification symbols to the M&O contractor for specific programs or projects, where applicable. 12 DOE O 544.1B 08-05-2026 8. REFERENCES. DOE Secretarial Delegation Orders are available online at https://www.directives.doe.gov/delegation. a. 50 U.S.C. § 4501 et seq., Defense Production Act of 1950, dated September 8, 1950, as amended, Title I, which authorizes the President to require the priority performance of contracts or orders, and to direct the allocation of materials and facilities, under certain circumstances. Under section 101(a), the President may require the performance on a priority basis of contracts or orders and allocate materials, services and facilities as he deems necessary or appropriate to promote the national defense. Section 101(c) authorizes the President to require priority performance of contracts or orders relating to materials, services, or facilities to maximize domestic energy supplies if the President makes certain findings. b. Defense Priorities and Allocations System Delegation 2, “Delegation of Authority to the Secretary of Energy,” amended October 22, 2021, which authorizes the Secretary of Energy to: (1) place rated contracts and orders for industrial resources provided that certain conditions and requirements related to the underlying program are met; (2) authorize the management and operating contracts responsible for DOE, including NNSA’s National Security Laboratories and Nuclear Weapons Production Facilities to place rated contracts and orders provided that certain conditions and requirements are met; and (3) authorize State, local, Tribal, and territorial governments to place rated contracts and orders for industrial resources, provided that certain conditions and requirements are met. c. Executive Order 13603, “National Defense Resources Preparedness,” dated March 16, 2012, which delegates to the Secretary of Energy the President’s authority under section 101 of the DPA, as amended, with respect to all forms of energy. EO 13603 also delegates to the Secretary of Energy the authority to determine whether a program is necessary or appropriate to promote the national defense with respect to energy production and construction, distribution and use, and directly related activities. EO 13603 delegates to the Secretary of Commerce the DPA section 101(a) authority with respect to materials, services and facilities not covered by the President’s delegations to other department heads. Finally, EO 13603 delegates the authority under DPA section 101(c) to the Secretary of Commerce, with the proviso that the authority to make the finding that materials, facilities, or services are critical and essential to maximizing domestic energy supplies is delegated to the Secretary of Energy. The Secretary of Commerce retains the authority to determine the use of the section 101(c) authority in a particular case is necessary. d. Executive Order 14391, “Adjusting Certain Delegations Under the Defense Production Act,” dated March 13, 2026, which amends EO 13603 by striking the phrase “Secretary of Commerce” and inserting, in lieu thereof, “Secretary of Commerce and the Secretary of Energy, each of whom may exercise such delegated authority independently of the other.”

DOE O 544.1B 13 08-05-2026 e. 15 CFR § 700, The Defense Priorities and Allocations System (DPAS) Regulation, and Delegation 2, as revised, which contain the official text for the DPAS regulations to support authorized national defense programs and programs determined by DOE to maximize domestic energy supplies. The Department of Commerce delegates Rating Authority to the Secretary of Energy under the DPAS Delegation 2. f. 10 CFR § 216, Materials Allocation and Priority Performance Under Contracts or Orders to Maximize Domestic Energy Supplies, which contains the rules, regulations, and procedures for implementing the DOE priorities and allocations program for supplies of materials and equipment necessary to maximize domestic energy supplies pursuant to DPA section 101(c). g. 10 CFR § 217, Energy Priorities and Allocations System, which provides guidance and procedures for use of the Defense Production Act, section 101(a), priorities and allocations authority with respect to all forms of energy necessary or appropriate to promote the national defense h. DOE Delegation Order No. S1-DEL-S5-2014, which delegates to the Under Secretary for Nuclear Security/Administrator for NNSA the authority to determine whether to utilize the priority contracting authority contained in section 101(a) of the DPA to expedite procurement actions to promote the national defense of the United States. This determination will be made after consultation with the DOE General Counsel and the Assistant Secretary for International Affairs. i. DOE Delegation Order No. SS-DEL-NAPAS-2022, which delegates to the Deputy Associate Administrator for Partnership and Acquisition Services, the authority of the NNSA Administrator to determine whether to utilize the priority contracting authority contained in section 101(a) of the DPA to expedite procurement actions to promote the national defense of the United States. j. DOE Delegation Order No. S1-DEL-S3-2023, which delegates to the Under Secretary (for Energy), and DOE Delegation Order No. S3-DEL-CR1-2023, which delegates to the Director of the CESER the authority to exercise the DPA authorities under sections 201–203 and section 701 of EO 13603; or section 4 of EO 11790, “Providing for the effectuation of the Federal Energy Administration Act of 1974,” as amended, except insofar as those responsibilities have been assigned to the Under Secretary for Nuclear Security, and to exercise the authority under Titles I and VII of the DPA, delegated to the Secretary in Department of Commerce DPAS Delegation 2, as amended, which authorizes action pursuant to the Department of Commerce DPAS regulation at 15 CFR § 700. The exercise of any of these authorities is subject to the concurrence of the General Counsel. 14 DOE O 544.1B 08-05-2026 k. DOE Delegation Order No. S2-DEL-SPE-2022, which delegates to the Director, OAM the authority to exercise the authorities under sections 101(a) of the DPA delegated to the Secretary in Department of Commerce DPAS Delegation 2, as amended, contained in the Department of Commerce DPAS regulation at 15 CFR § 700; and the authorities under section 101(c)(2)(A) of the DPA, as delegated to the Secretary by section 203 of EO 13603. The exercise of these authorities is subject to the concurrence of the Department’s General Counsel. BY ORDER OF THE SECRETARY OF ENERGY: JAMES P. DANLY Deputy Secretary