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(6) Engineered barrier system deg- persion of radionuclides along flow radation, flow, and transport charac- paths, and mixing with non-contamiteristics, which include:

nated ground water. (i) Colloid formation and stability- (9) Biosphere characteristics, which for example, the formation of colloidal include: particles and the ability of radio- (i) Reference biosphere and reasonnuclides to adhere to these particles as ably maximally exposed individual-for they may migrate through the remain example, biosphere water pathways, loing barriers; and

cation and behavior of reasonably (ii) Engineered barrier transport-for maximally exposed individual, and example, the movement of radio (ii) Biosphere transport and uptakenuclides dissolved in water or adhering for example, the consumption of to colloidal particles to be transported ground or surface waters through dithrough the remaining engineered bar rect extraction or agriculture, includriers and in the underlying unsaturated ing mixing with non-contaminated wazone.

ters and exposure to contaminated ag(7) Unsaturated zone flow and trans- ricultural products. port characteristics, which include:

(b) DOE will evaluate the postclosure (i) Unsaturated zone transport-for suitability of the Yucca Mountain disexample, the movement of water with posal system using criteria that condissolved radionuclides or colloidal sider disruptive processes and events particles through the unsaturated zone important to the total system performunderlying the repository, including ance of the geologic repository. The apretardation mechanisms such as sorp- plicable criteria related to disruptive tion on rock or mineral surfaces;

processes and events include: (ii) Thermal hydrology-for example, (1) Volcanism-for example, the probeffects of heat from the waste on water ability and potential consequences of a flow through the site.

volcanic eruption intersecting the re(8) Saturated zone flow and transport pository; characteristics, which include:

(2) Seismic events-for example, the (i) Saturated zone transport-for ex- probability and potential consequences ample, the movement of water with of an earthquake on the underground dissolved radionuclides or colloidal facilities or hydrologic system; and particles through the saturated zone (3) Nuclear criticality-for example, underlying and beyond the repository, the probability and potential conincluding retardation mechanisms such sequences of a self-sustaining nuclear as sorption on rock or mineral sur reaction as a result of chemical or faces; and

physical processes affecting the waste (ii) Dilution-for example, diffusion either in or after release from breached of radionuclides into pore spaces, dis- waste packages.

CHAPTER X-DEPARTMENT OF ENERGY

(GENERAL PROVISIONS)

Page

Part 1000

617

1002 1003

620

622

1004 1005

1008 1009

657

1010 1013 1014

673 675 676

692 695

1015 1016 1017

Transfer of proceedings to the Secretary of Energy

and the Federal Energy Regulatory Commission
Official seal and distinguishing flag ..........
Office of Hearings and Appeals procedural regula-

tions
Freedom of information ....
Intergovernmental review of Department of En-

ergy programs and activities
Records maintained on individuals (Privacy Act) ..
General policy for pricing and charging for mate-

rials and services sold by DOE
Conduct of employees ...........
Program fraud civil remedies and procedures ....
Administrative claims under Federal Tort Claims

Act ..........
Collection of claims owed the United States ..........
Safeguarding of restricted data
Identification and protection of unclassified con-

trolled nuclear information ............
Referral of debts to IRS for tax refund offset .......
National Environmental Policy Act implementing

procedures .........
Compliance with floodplain/wetlands environ-

mental review requirements ......
Contract appeals .......
Procedures for financial assistance appeals ...........
Governmentwide debarment and suspension (non-

procurement) and governmentwide requirements

for drug-free workplace (grants) ........
Uniform relocation assistance and real property

acquisition for Federal and federally assisted

programs .........
Nondiscrimination in federally assisted programs

702

1018 1021

723

1022

749

...........

754

1023 1024 1036

771

775

1039

1040

797 797 Part 1041

Page

1042

...............................

1044

1045 1046 1047

Enforcement of nondiscrimation on the basis of

handicap in programs or activities conducted by

the Department of Energy .........
Nondiscrimination on the basis of sex in education

programs or activities receiving federal financial
assistance ........
Security requirements for protected disclosures

under section 3164 of the National Defense Au

thorization Act for fiscal year 2000 .......
Nuclear classification and declassification .....
Physical protection of security interests ..........
Limited arrest authority and use of force by pro-
tective force officers .........

.......
Trespassing on Strategic Petroleum Reserve facili-
ties and other property .........

.......... Limited arrest authority and use of force by pro

tective force officers of the Strategic Petroleum

Reserve .............
Foreign gifts and decorations
Payment of travel expenses of persons who are not
Government employees

1048

1049

1050 1060

........

PART 1000—TRANSFER OF PRO

CEEDINGS TO THE SECRETARY OF
ENERGY AND THE FEDERAL EN-
ERGY REGULATORY COMMIS-
SION

$ 1000.1 Transfer of proceedings.

(a) Scope. This part establishes the transfer of proceedings pending with regard to those functions of various agencies which have been consolidated in the Department of Energy and identifies those proceedings which are transferred into the jurisdiction of the Secretary and those which are transferred into the jurisdiction of the Federal Energy Regulatory Commission.

(b) Proceedings transferred to the Secretary. The following proceedings are transferred to the Secretary:

(1) All Notices of Proposed Rulemaking, pending and outstanding, which have been proposed by the Department of Energy and the Department of Energy;

(2) All Notices of Inquiry which have been issued by the Department of Energy;

(3) All Requests for Interpretations which have been filed pursuant to 10 CFR part 205, subpart F, and on which no interpretation has been issued, with the Office of eneral Counsel of the Department of Energy;

(4) All Applications for Exception Relief which have been filed pursuant to 10 CFR part 205, subpart D, and on which no final decision and order has been issued, with the Office of Exceptions and Appeals of the Department of Energy;

(5) All petitions for special redress, relief or other extraordinary assistance which have been filed pursuant to 10 CFR part 205, subpart R, and on which no order has been issued, with the Office of Private Grievances and Redress of the Department of Energy;

(6) All appeals from Remedial Orders, Exception Decisions and Orders, Interpretations issued by the Office of General Counsel, and other agency orders which have been filed pursuant to 10 CFR part 205, subpart H, and on which no order has been issued prior to October 1, 1977, with the Office of Exceptions and Appeals of the Department of

(7) All applications for modification or rescission of any DOE order or interpretation which have been filed pursuant to 10 CFR part 205, subpart J, and on which no order has been issued prior to October 1, 1977, with the Office of Exceptions and Appeals of the Federal Energy Administation;

NOTE: For a document relating to procedures for natural gas import and export proceedings see 42 FR 61856, Dec. 7, 1977.

(8) All applications for temporary stays and stays which have been filed pursuant to 10 CFR part 205, subpart I, and on which no order has been issued, with the Office of Exceptions and Appeals of the Department of Energy;

(9) All applications which have been filed with the Office of Regulatory Programs of the Department of Energy and on which no final order has been issued;

(10) All investigations which have been instituted and have not been resolved by the Office of Compliance of the Department of Energy;

(11) All Notices of Probable Violation which have been issued prior to October 1, 1977, by the Office of Compliance of Department of Energy;

(12) All Notices of Proposed Disallowance which have been issued prior to October 1, 1977, by the Office of Compliance of Department of Energy;

(13) All Prohibition Orders which have been issued pursuant to 10 CFR part 303 and as to which no Notice of Effectiveness has been issued;

(14) From the Department of the Interior:

(i) The tentative power rate adjustments for the Central Valley Project, California, proposed on September 12, 1977 (42 FR 46619, September 16, 1977).

(15) From the Interstate Commerce Commission:

(i) Ex Parte No. 308 (Sub-No. 1)-Investigation of Common Carrier Pipelines.

(16) From the Federal Power Commission:

(i) Cases:

(A) Northwest Pipeline Corporation, Docket No. CP75-340.

(B) Midwestern Gas Transmission Co., Docket No. CP77-458, et al.

(C) St. Lawrence Gas Company, Docket No. G-17500.

Energy;

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