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501.164 Decision to initiate enforcement

proceedings. 501.165 Commencement of enforcement pro

ceedings. 501.166 Hearings and conferences. 501.167 Fuel use order.

Subpart L-Investigations, Violations,

Sanctions and Judicial Actions 501.180 Investigations. 501.181 Sanctions. 501.182 Injunctions. 501.183 Citizen suits.

501.51 Prohibitions by order-electing pow

erplants. 501.52 Prohibitions by order-certifying

powerplants. 501.53–501.56 (Reserved]

Subpart F-Exemptions and Certifications 501.60 Purpose and scope. 501.61 Certification contents. 501.62 Petition contents. 501.63 Notice of the commencement of an

administrative proceeding on an exemp

tion petition. 501.64 Publication of notice of availability

of tentative staff analysis. 501.65 Publication of notice of availability

of draft EIS. 501.66 OFE evaluation of the record, deci

sion and order. 501.67 Petition redesignations. 501.68 Decision and order. 501.69 Judicial review. Subpart G-Requests for Modification or

Rescission of a Rule or Order 501.100 Purpose and scope. 501.101 Proceedings to modify or rescind a

rule or order. 501.102 OFE evaluation of the record, deci

sion and order for modification or rescis

sion of a rule or order. 501.103 OFE decision.

Subpart H-Requests for Stay 501.120 Purpose and scope. 501.121 Filing and notice of petitions for

stays. 501.122 Contents. 501.123 Evaluation of the record. 501.124 Decision and order.

Subpart I-Requests for Interpretation 501.130 Purpose and scope. 501.131 Filing a request for interpretation. 501.132 Contents of a request for interpreta

tion. 501.133 DOE evaluation. 501.134 Issuance and effect of interpreta


Subpart M-Use of Natural Gas or Petro

leum for Emergency and Unantici

pated Equipment Outage Purposes 501.190 Purpose and scope. 501.191 Use of natural gas or petroleum for

certain unanticipated equipment outages and emergencies defined in section

103(a)(15)(B) of the act. 501.192 [Reserved]

AUTHORITY: 42 U.S.C. 7101 et seq.; 42 U.S.C. 8301 et seq.; 42 U.S.C. 8701 et seq.; E.O. 12009, 42 FR 46267; 28 U.S.C. 2461 note.

SOURCE: 46 FR 59889, Dec. 7, 1981, unless otherwise noted. OMB Control No.: 1903-0075. See 46 FR 63209, Dec. 31, 1981.

Subpart A-General Provisions 8501.1 Purpose and scope.

Part 501 establishes the procedures to be used in proceedings before DOE under parts 500-508 of this chapter except as otherwise provided. 8501.2 Prepetition conference.

(a) Owners and operators of powerplants may request a prepetition conference with OFE for the purpose of discussing the applicability of 10 CFR parts 503 and 504 to their situations and the scope of any exemption or other petition that OFE would accept as adequate for filing purposes.

(b) The owner or operator who requests a prepetition conference may personally represent himself or may designate a representative to appear on his behalf. A prepetition conference or a request for a prepetition conference does not commence a proceeding before OFE.

(c) If OFE agrees to waive any filing requirements under $501.3(d), a memorandum of record stating this fact will

Subpart J-Rulings 501.140 Purpose and scope. 501.141 Criteria for issuance. 501.142 Modification or rescission. 501.143 Comments.

Subpart K-Enforcement 501.160 Purpose and scope. 501.161 Filing a complaint. 501.162 Contents of a complaint. 501.163 OFE evaluation.

be furnished to the potential petitioner be incomplete due to minor defiwithin thirty (30) days after the con ciencies, notify the petitioner of the ference. Copies of all applicable memo deficiencies and allow ninety (90) days randa of record must be attached to from the date of notification to cure any subsequently-filed petition.

the specified deficiencies. The failure (d) A record of all prepetition con to cure the deficiencies during this ferences will be included in the public time may result in denial of the refile. OFE may provide for the taking of quested exemption. a formal transcript of the conference (d) Waiver of filing requirements. Upon and the transcript will be included in its own motion or at the request of a the public file.

petitioner, OFE may waive some or all (46 FR 59889, Dec. 7, 1981, as amended at 54

of the regulatory requirements if the FR 52891, Dec. 22, 1989)

purposes of FUA would be best

achieved by doing so. $501.3 Petitions.

$8501.4–501.5 [Reserved) (a) Filing of petitions. Petitions for exemptions are to be filed with OFE at 8501.6 Service. the address given in $501.11. (b) Acceptance of petition. (1) Upon ac

(a) DOE will serve all orders, notices

interpretations or other documents ceptance (as distinguished from filing)

that it is required to serve, personally of the petition, OFE shall publish in the FEDERAL REGISTER a Notice of Ac

or by mail, unless otherwise provided

in these regulations. ceptance of Petition or, in the case of

(b) DOE will consider service upon a an exemption by certification, a Notice of Acceptance and Availability of Cer

petitioner's duly authorized represent

ative to be service upon the petitioner. tification, signifying that an exemp

(c) Service by mail is effective upon tion proceeding has commenced. (2) OFE will notify each petitioner in

mailing. writing within thirty (30) days of re (54 FR 52891, Dec. 22, 1989) ceipt of the petition that it has been accepted or rejected and, if rejected,

8501.7 General filing requirements. the reasons therefor.

Except as indicated otherwise, all (3) A petition, including supporting documents required or permitted to be documents, will be accepted if the in filed with OFE or DOE in connection formation contained appears to be suf with a proceeding under parts 503 and ficient to support an OFE determina 504 shall be filed in accordance with the tion. Additional information may be following provisions: requested during the course of the pro (a) Filing of documents. (1) Documents ceeding, and failure to respond to such including, but not limited to, applicaa request may ultimately result in de tions, requests, complaints, petitions nial of the requested exemption.

(including petitions for exemption). (4) Acceptance of petition does not and other documents submitted in conconstitute a determination that the re nection therewith, filed with OFE are quested exemption will be granted. considered to be filed upon receipt.

(c) Rejection of petition. (1) OFE will (2) Notwithstanding the provisions of reject a petition if it does not meet the paragraph (a)(1) of this section, an apinformation of certification require plication for modification or rescission ments established for the relevant ex in accordance with subpart G of this emptions under parts 503 and 504 of this part, a reply to a notice of violation, a chapter. A written explanation of the response to a denial of a claim of conreasons for rejection will be furnished fidentiality, or a comment submitted with notification of the rejection. in connection with any proceeding

(2) A timely-filed petition rejected as transmitted by registered or certified inadequate will not be rendered un mail and addressed to the appropriate timely if resubmitted in amended form office is considered to be filed upon within ninety (90) days of the date of mailing. rejection.

(3) Timeliness. Documents are to be (3) OFE will, within thirty (30) days filed with the appropriate DOE or OFE of receipt of a petition that is found to office listed in $501.11. Documents that

are to be considered filed upon receipt under paragraph (a)(1) of this section and that are received after regular business hours are deemed filed on the next regular business day. Regular business hours are 8 a.m. to 4:30 p.m.

(4) Computation of time. In computing any period of time prescribed or allowed by FUA, these regulations or by an order, the day of the act, event, or default from which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or Federal legal holiday in which event the period runs until the end of the next day that is neither a Saturday, Sunday, nor a Federal legal holiday.

(5) Additional time after service by mail. Whenever a person is required to perform an act, to cease and desist therefrom, or to initiate a proceeding under this part within a prescribed period of time and the order, notice, interpretation or other document is served by mail, three (3) days shall be added to the prescribed period.

(6) Extension of time. When a document is required to be filed within a prescribed time, an extension of time to file may be granted upon good cause shown.

(7) Signing. All applications, petitions, requests, comments, and other documents that are required to be signed, shall be signed by the person filing the document or a duly authorized representative. Any application, petition, request, complaint, or other document filed by a duly authorized representative shall contain a statement by such person certifying that he is a duly authorized representative, unless an OFE form otherwise requires. (A false certification is unlawful under the provisions of 18 U.S.C. 1001 (1970).)

(8) Labeling. An application, petition, or other request for action by DOE or OFE should be clearly labeled according to the nature of the action involved, e.g., "Petition for Temporary Exemption;" "Petition for Extension (or Renewal) of Temporary Exemption," both on the document and on the outside of the envelope in which the document is transmitted.

(9) Obligation to supply information. A person who files an application, peti

tion, complaint, or other request for action is under a continuing obligation during the proceeding to provide DOE or OFE with any new or newly discovered information that is relevant to that proceeding. Such information includes, but is not limited to, information regarding any other application, petition, complaint, or request for action that is subsequently filed by that person with any DOE office or OFE office.

(10) The same or related matters. In filing a petition or other document requesting OFE action, the person must state whether, to the best of his knowledge, the same or a related issue, act or transaction has been or presently is being considered or investigated by a DOE office, other Federal agency, department or instrumentality, or State or municipal agency.

(11) Request for confidential treatment. (i) If any person filing a document with DOE or OFE claims that some or all of the information contained in the document is exempt from the mandatory public disclosure requirements of the Freedom of Information Act (5 U.S.C. 552); is information referred to in 18 U.S.C. 1905; or is otherwise exempt by law from public disclosure, and if such person requests DOE or OFE not to disclose such information, such person shall make a filing in accordance with paragraph (b)(2) of this section. The person shall indicate in the original document that it is confidential or contains confidential information and may file a statement specifying the justification for non-disclosure of the information for which confidential treatment is claimed. If the person states that the information comes within the exception in 5 U.S.C. 552(b)(4) for trade secrets and commercial or financial information, such person shall include a statement specifying why such information is privileged or confidential. If a document is not so filed, OFE may assume that there is no objection to public disclosure of the document in its entirety, unless the person subsequently files a claim of confidentiality prior to public disclosure of the document.

(ii) DOE or OFE retains the right to make its own determination with regard to any claim of confidentiality.

Notice of the decision by DOE or OFE not take effect until all approvals reto deny such claim, in whole or in part, quired by such State regulatory auand an opportunity to respond or take thority which relate to construction other appropriate action to avoid re have been obtained. lease shall be given to a person claim

(54 FR 52891, Dec. 22, 1989) ing confidentiality of information no less than seven (7) days prior to its $501.10 Order of precedence. public disclosure.

If there is any conflict or inconsist(iii) The above provisions in paragraphs (a)(11) (i) and (ii) of this section

ency between the provisions of this

part and any other provisions or parts do not apply to information submitted

of this chapter, except for general proon OFE forms that contain their own

cedures which are unique to part 515 of instructions concerning the treatment

this chapter, the provisions of this part of confidential information.

will control respect to procedure. (12) Separate applications, petitions or requests. Each application, petition, or (54 FR 52891, Dec, 22, 1989] request for DOE or OFE action shall be submitted as a separate document,

$501.11 Address for filing documents. even if the applications, petitions, or Send all petitions, self-certifications requests deal with the same or a re and written communications to the follated issue, act, or transaction, or are lowing address: Office of Fossil Energy, submitted in connection with the same Office of Fuels Programs, Coal and proceeding.

Electricity Division, Mail Code FE-52, (b) Number of documents to be filed. (1) 1000 Independence Avenue, SW., WashA petitioner must file an executed ington, DC 20585. original and fourteen (14) copies of all

(54 FR 52891, Dec. 22, 1989] exemption requests submitted to DOE. For certification requests, an original 8501.12 Public files. and three (3) copies shall be submitted.

DOE will make available at the Free(2) Where the petitioner requests con dom of Information reading room, fidential treatment of some or all of

room 1E190, 1000 Independence Avenue the information submitted, an original SW., Washington, DC for public inspecand eleven (11) copies of the confiden

tion and copying any information retial document and three (3) copies of

quired by statute and any information the document with confidential mate

that OFE determines should be made rial deleted must be filed.

available to the public. [46 FR 59889, Dec. 7, 1981, as amended at 47

[54 FR 52891, Dec. 22, 1989) FR 15314, Apr. 9, 1982; 54 FR 52891, Dec. 22, 1989)

8501.13 Appeal. $501.8 [Reserved]

There is no administrative appeal of

any final administrative action to 8501.9 Effective date of orders which this part applies. rules.

$ 501.14 Notice to Environmental Pro(a) When OFE issues a rule or order

tection Agency. imposing a prohibition or granting an exemption (or permit) under FUA, the

A copy of any proposed rule or order rule or order will be effective sixty (60)

that imposes a prohibition, order that days after publication in the FEDERAL

imposes a prohibition, or a petition for REGISTER, unless it is stayed, modified,

an exemption or permit, shall be transsuspended or rescinded.

mitted for comments, if any, to the Ad(b) If the appropriate State regu

ministrator and the appropriate Relatory authority has not approved a

gional Administrator of the Environpowerplant for which a petition has

mental Protection Agency (EPA). The been filed, such exemption, to the ex

Administrator of EPA shall be given tent it applies to the prohibition under

the same opportunity to comment and section 201 of FUA against construc

question as is given other interested tion without the capability of using

persons. coal or another alternate fuel, shall (54 FR 52891, Dec. 22, 1989)


Subpart B [Reserved]

comments concerning the certification

and OFE's proposed prohibition order, Subpart C-Written comments,

and requests for public hearings. ProhiPublic Hearings and Con

bition order proceedings under section

301, as amended by OBRA, will have ferences During Administra

only one period of 45 days, since no tive Proceedings

Tentative Staff Analysis will be pre$ 501.30 Purpose and scope.

pared. The comment period may be ex

tended by OFE in accordance with This subpart establishes the proce $501.7. See $501.52(b) of this part for dures for requests for and the conduct further information with respect to the of public hearings; for submission of comment period. Written comments written comments; and for requests for shall be filed in accordance with $501.7. and conduct of conferences pursuant to an administrative proceeding before

(Department of Energy Organization Act,

Pub. L. 95–91, 91 Stat. 565 (42 U.S.C. 7101 et OFE. Hearings shall be convened at the

seq.); Powerplant and Industrial Fuel Use request of any interested person, in ac

Act of 1978, Pub. L. 95-620, 92 Stat. 3289 (42 cordance with section 701(d) of FUA, U.S.C. 8301 et seq.); Omnibus Budget Recand shall be held at a time and place to onciliation Act of 1981 (Pub. L. 97–35); E.O. be decided by the Presiding Officer. 12009, 42 FR 46267, Sept. 15, 1977)

[46 FR 59889, Dec. 7, 1981, as amended at 47 8501.31 Written comments.

FR 50848, Nov. 10, 1982; 54 FR 52892, Dec. 22, (a) New facilities. Except as may be 1989) provided elsewhere in these regulations, OFE shall provide a period of at

8501.32 Conferences (other than least forty-five (45) days, commencing

prepetition conferences). with publication of the Notice of Ac (a) At any time following commenceceptance of Petition, of in the case of ment of a proceeding before OFE, an certification exemptions, Notice of Ac interested person may request a conceptance and availability of Certifi ference with the staff of OFE to discuss cation, in the FEDERAL REGISTER in ac a petition, permit or any other issue cordance with $ 501.63(a), for submission pending before OFE. The request for a of written comments concerning a peti conference should generally be in writtion for an exemption. Written com ing and should indicate the subjects to ments shall be made in accordance be covered and should describe the rewith 8501.7.

quester's interest in the proceeding. (b) Existing facilities. Except as may Conferences held after the commencebe provided elsewhere in these regula ment of an administrative proceeding tions, OFE shall provide a period of at before OFE shall be convened at the least 45 days for submission of written discretion of OFE or the Presiding Officomments concerning a proposed pro cer. hibition rule or order or a petition for (b) When OFE convenes a conference a permit. In the case of a proposed pro in accordance with this section, any hibition rule or order issued to an ex person invited may present views as to isting electing powerplant, OFE shall the issue or issues involved. Documenalso provide for a period of at least 45 tary evidence may be submitted at the days for submission of written com conference and such evidence, to the ments concerning a Tentative Staff extent that it is not deemed to be conAnalysis. This period shall commence fidential, will be included in the adon the day after publication of the No ministrative record. OFE will not nor. tice of Availability of the Tentative mally have a transcript of the conStaff Analysis in the FEDERAL REG ference prepared but may do so at its ISTER. In the case of prohibition order discretion. proceedings for certifying powerplants (c) Because a conference is solely for under section 301 of FUA, as amended, the exchange of views incident to a OFE shall provide a period of at least proceeding, there will be no formal re45 days, beginning the day after the port or findings by OFE unless OFE in Notice of Acceptance of certification is its discretion determines that the preppublished, for submission of written aration of a report or findings would be

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