§ 202.25 Procedure where a decision con- cerning a demand is not made prior to the time a response to the demand is If response to the demand is re- quired before the instructions from the General Counsel are received, a U.S. attorney or DOE attorney desig- nated for the purpose shall appear with the employee or former employee of the DOE upon whom the demand has been made, and shall furnish the court or other authority with a copy of the regulations contained in this subpart and inform the court or other authority that the demand has been, or is being, as the case may be, re- ferred for the prompt consideration of the appropriate DOE official and shall respectfully request the court or au- thority to stay the demand pending re- ceipt of the requested instructions. § 202.26 Procedure in the event of an ad- If the court or other authority de- clines to stay the effect of the demand in response to a request made in ac- cordance with § 202.25 pending receipt of instructions, of if the court or other authority rules that the demand must be complied with irrespective of in- structions not to produce the material or disclose the information sought, the employee or former employee upon shall respectfully decline to comply 205.64 Motion for evidentiary proceeding. 205.65 Response to motion for evidentiary 205.66 Obtaining confidential information; motion for discovery and protective 205.67 Disposition of motions. 205.69 Hearing for the purpose of oral ar- 205.69A Interim decision and order. 205.69B Final decision and order; appeal. 205.69C Special decision and order proce- dure; waiver of FEDERAL REGISTER notice. 205.69D Presiding officer; deadlines; limita- 205.69E Ex parte communications: prohibi- tion and disclosure requirement. APPENDIX I TO SUBPART D OF PART 205-AP- PLICATIONS FOR EXCEPTIONS BY PERSONS APPENDIX II TO SUBPART D OF PART 205-DIS- Subparts S-T-[Reserved] 205.281 Petition for implementation of spe- 205.282 Evaluation of petition by the Office of Hearings and Appeals. 205.283 Applications for refund. 205.284 Processing of applications. 205.285 Effect of failure to file a timely ap- 205.286 Limitations on amount of refunds. Subpart W-Electric Power System Permits and Reports; Applications; Administrative Pro- APPLICATION FOR AUTHORIZATION TO TRANS- MIT ELECTRIC ENERGY TO A FOREIGN 205.302 Contents of application. 205.306 Authorization not exclusive. 205.307 Form and style; number of copies. 205.308 Filing schedule and annual reports. 205.309 Filing procedures and fees. APPLICATION FOR PRESIDENTIAL PERMIT AU- THORIZING THE CONSTRUCTION, CONNEC- TION, OPERATION, AND MAINTENANCE OF FACILITIES FOR TRANSMISSION OF ELEC- TRIC ENERGY AT INTERNATIONAL BOUND- 205.322 Contents of application. 205.324 Form and style; number of copies. 205.326 Filing procedures and fees. 205.328 Environmental requirements for Presidential Permits-Alternative 1. The definitions set forth in other parts of this chapter shall apply to this part, unless otherwise provided. In addition, as used in this part, the Action means an order, interpreta- tion, notice of probable violation or ruling issued, or a rulemaking under- taken by the DOE or, as appropriate, Adjustment means a modification of the base period volume or other meas- ure of allocation entitlement in ac- Aggrieved, for purposes of adminis- trative proceedings, describes and means a person with an interest sought to be protected under the FEAA, EPAA, or Proclamation No. 3279, as amended, who is adversely affected by an order or interpretation issued by the DOE or a State Office. Appropriate Regional Office or appropriate State Office means the office located in the State or DOE region in which the product will be physically delivered. Assignment means an action designating that an authorized purchaser be supplied at a specified entitlement level by a specified supplier. Conference means an informal meeting, incident to any proceeding, between DOE or State officials and any person aggrieved by that proceeding. Consent order means a document of agreement between DOE and a person prohibiting certain acts, requiring the performance of specific acts or including any acts which DOE could prohibit or require pursuant to § 205.195. Duly authorized representative means a person who has been designated to appear before the DOE or a State Office in connection with a proceeding on behalf of a person interested in or aggrieved by that proceeding. Such appearance may consist of the submission of applications, petitions, requests, statements, memoranda of law, other documents, or of a personal appearance, verbal communication, or any other participation in the proceeding. EPAA means the Emergency Petroleum Allocation Act of 1973 (Pub. L. 93159). EPCA means the Energy Policy and Conservation Act (Pub. L. 94-163). Exception means the waiver or modification of the requirements of a regulation, ruling or generally applicable requirement under a specific set of facts. Exemption means the release from the obligation to comply with any part or parts, or any subpart thereof, of this chapter. DOE means the Department of Energy, created by the FEAA and inIcludes the DOE National Office and Regional Offices. FEAA means the Federal Energy Administration Act of 1974 (Pub. L. 93 275). Federal legal holiday means New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, and any other day appointed as a national holiday by the President or the Congress of the United States. Interpretation means a written statement issued by the General Counsel or his delegate or Regional Counsel, in response to a written request, that applies the regulations, rulings, and other precedents previously issued, to the particular facts of a prospective or completed act or transaction. Notice of probable violation means a written statement issued to a person by the DOE that states one or more alleged violations of the provisions of this chapter or any order issued pursuant thereto. Order means a written directive or verbal communication of a written directive, if promptly confirmed in writing, issued by the DOE or a State Office. It may be issued in response to an application, petition or request for DOE action or in response to an appeal from an order, or it may be a remedial order or other directive issued by the DOE or a State Office on its own initiative. A notice of probable violation is not an order. For purposes of this definition a "written directive" shall include telegrams, telecopies and similar transcriptions. Person means any individual, firm, estate, trust, sole proprietorship, partnership, association, company, jointventure, corporation, governmental unit or instrumentality thereof, or a charitable, educational or other institution, and includes any officer, director, owner or duly authorized representative thereof. Proceeding means the process and activity, and any part thereof, instituted by the DOE or a State Office, either on its own initiative or in response to an application, complaint, petition or request submitted by a person, that may lead to an action by the DOE or a State Office. Remedial order means a directive issued by the DOE requiring a person to cease a violation or to eliminate or to compensate for the effects of a violation, or both. Ruling means an official interpretative statement of general applicability issued by the DOE General Counsel and published in the FEDERAL REGISTER that applies the DOE regulations to a specific set of circumstances. State Office means a State Office of Petroleum Allocation certified by the DOE upon application pursuant to part 211 of this chapter. Throughout this part the use of a word or term in the singular shall include the plural and the use of the male gender shall include the female gender. (Emergency Petroleum Allocation Act of 1973, Pub. L. 93-159, as amended, Pub. L. 93-511, Pub. L. 94-99, Pub. L. 94-133, Pub. L. 94-163, and Pub. L. 94-385; Federal Energy Administration Act of 1974, Pub. L. 93-275, as amended, Pub. L. 94-385; Energy Policy and Conservation Act, Pub. L. 94-163, as amended, Pub. L. 94-385; E.O. 11790, 39 FR 23185; Department of Energy Organization Act, Pub. L. 95–91; E.O. 12009, 42 FR 46267) [39 FR 35489, Oct. 1, 1974, as amended at 40 FR 36555, Aug. 21, 1975; 40 FR 36761, Aug. 22, 1975; 41 FR 36647, Aug. 31, 1976; 43 FR 14437, Apr. 6, 1978] § 205.3 Appearance before the DOE or a State Office. (a) A person may make an appearance, including personal appearances in the discretion of the DOE, and participate in any proceeding described in this part on his own behalf or by a duly authorized representative. Any application, appeal, petition, request or complaint filed by a duly authorized representative shall contain a statement by such person certifying that he is a duly authorized representative, unless a DOE form requires otherwise. Falsification of such certification will subject such person to the sanctions stated in 18 U.S.C. 1001 (1970). (b) Suspension and disqualification: The DOE or a State Office may deny, temporarily or permanently, the privilege of participating in proceedings, including oral presentation, to any individual who is found by the DOE (1) To have made false or misleading statements, either verbally or in writing; (2) To have filed false or materially altered documents, affidavits or other writings; (3) To lack the specific authority to represent the person seeking a DOE or State Office action; or (4) To have engaged in or to be engaged in contumacious conduct that substantially disrupts a proceeding. § 205.4 Filing of documents. (a) Any document, including, but not limited to, an application, request, complaint, petition and other documents submitted in connection therewith, filed with the DOE or a State Office under this chapter is considered to be filed when it has been received by the DOE National Office, a Regional Office or a State Office. Documents transmitted to the DOE must be addressed as required by § 205.12. All documents and exhibits submitted become part of an DOE or a State Office file and will not be returned. (b) Notwithstanding the provisions of paragraph (a) of this section, an appeal, a response to a denial of an appeal or application for modification or recision in accordance with §§ 205.106(a)(3) and 205.135(a)(3), respectively, a reply to a notice of probable violation, the appeal of a remedial order or remedial order for immediate compliance, a response to denial of a claim of confidentiality, or a comment submitted in connection with any proceeding transmitted by registered or certified mail and addressed to the appropriate office is considered to be filed upon mailing. (c) Hand-delivered documents to be filed with the Office of Exceptions and Appeals shall be submitted to Room 8002 at 2000 M Street, NW., Washington, D.C. All other hand-delivered documents to be filed with the DOE National Office shall be submitted to the Executive Secretariat at 12th and Pennsylvania Avenue, NW., Washington, D.C. Hand-delivered documents to be filed with a Regional Office shall be submitted to the Office of the Regional Administrator. Handdelivered documents to be filed with a State Office shall be submitted to the office of the chief executive officer of such office. |