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evidence, requiring the advance sub- procedures, if applicable, without addimission of written testimony and ex tional procedures, the Assistant Sechibits, ruling on motions, determining retary shall advise the parties in writthe format, directing that briefs be ing generally of the issues of concern filed with respect to issues raised or to to the Assistant Secretary upon which be raised during the course of the con the denial or material conditions would ference, oral presentation or trial-type be based and provide them with an ophearing, questioning witnesses, taking portunity to request additional procereasonable measures to exclude dupli dures pursuant to $8590.310, 590.311, cative material, and placing limita 590.312 and 590.313. tions on the number of witnesses to be called by a party.

$590.317 Complaints. $590.315 Witnesses.

(a) Any person may file a complaint

objecting to the actions by any other (a) The Assistant Secretary or pre

person under any statute, rule, order or siding official may require that the di

authorization applicable to an existing rect testimony of witnesses in trial

import or export authorization over type hearings be submitted in advance

which FE has jurisdiction. No parof the hearing and be under oath, and

ticular form is required. The complaint in written form.

must be filed with FE in writing and (b) Witnesses who testify in trial

must contain the name and address of type hearings shall be under oath or af

the complainant and the respondent firmation before being allowed to tes

and state the facts forming the basis of tify.

the complaint. (c) Witnesses subpoenaed pursuant to $590.306 shall be paid the same fees and

(b) A complaint concerning an existmileage as paid for like services in the

ing import or export authorization District Courts of the United States.

shall be served on all parties to the (d) Witnesses subpoenaed pursuant to

original import or export authorization $590.307 shall be paid the same fees and

proceeding either by the complainant mileage as paid for like services in the

or by FE if the complainant has made District Court of the United States.

a good faith effort but has been unable

to effect service. [54 FR 53531, Dec. 29, 1989; 55 FR 14916, Apr.

(c) The Assistant Secretary may 19, 1990)

issue an order to show cause under $590.316 Shortened proceedings.

$ 590.401, or may provide opportunity

for additional procedures pursuant to In any proceeding where, in response

$8590.310, 590.311, 590.312, or $590.313, in to a notice of application or notice of

order to determine what action should procedures, if applicable, no party files

be taken in response to the complaint. a motion requesting additional procedures, including the right to file written comments, or the holding of a con

Subpart D-Opinions and Orders ference, oral presentation, or trial-type hearing, or where the Assistant Sec

8 590.401 Orders to show cause. retary determines that such requested A proceeding under this part may additional procedures are not required commence upon the initiative of the pursuant to $8 590.310, 590.311, 590.312 Assistant Secretary or in response to and 590.313, the Assistant Secretary an application by any person requestmay issue a final opinion and order on ing FE action against any other person the basis of the official record, includ alleged to be in contravention or violaing the application and all other fil tion of any authorization, statute, ings. In any proceeding in which the rule, order, or law administered by FE Assistant Secretary intends to deny applicable to the import or export of the application or grant the applica- natural gas, or for any other alleged tion with the attachment of material wrong involving importation or exporconditions unknown to, or likely to be tation of natural gas over which FE opposed by, the applicant, solely on the has jurisdiction. Any show cause order basis of the application and responses issued shall identify the matters of into the notice of application or notice of terest or the matters complained of

$590.406 Compliance with orders.

Any person required or authorized to take any action by a final opinion and order of the Assistant Secretary shall file with FE, within thirty (30) days after the requirement or authorization becomes effective, a notice, under oath, that such requirement has been complied with or such authorization accepted or otherwise acted upon, unless otherwise specified in the order.

was

$ 590.407 Reports of changes.

Any person authorized to import or export natural gas has a continuing obligation to give the Assistant Secretary written notification, as soon as practicable, of any prospective or actual changes to the information submitted during the application process upon which the authorization based, including, but not limited to, changes to: The parties involved in the import or export arrangement, the terms and conditions of any applicable contracts, the place of entry or exit, the transporters, the volumes accepted or offered, or the import or export price. Any notification filed under this section shall contain the FE docket number(s) to which it relates. Compliance with this section does not relieve an importer or exporter from responsibility to file the appropriate application to amend a previous import or export authorization under this part whenever such changes are contrary to or otherwise not permitted by the existing authorization.

Subpart E-Applications for

Rehearing $590.501 Filing.

(a) An application for rehearing of a final opinion and order, conditional order, or emergency interim order may be filed by any party aggrieved by the issuance of such opinion and order within thirty (30) days after issuance. The application shall be served on all parties.

(b) The application shall state concisely the alleged errors in the final opinion and order, conditional order, or emergency interim order and must set forth specifically the ground or grounds upon which the application is

that the Assistant Secretary is inquiring about, and shall be deemed to be tentative and for the purpose of framing issues for consideration and decision. The respondent named in the order shall respond orally or in writing, or both, as required by the order. A show cause order is not a final opinion and order.

8590.402 Conditional orders.

The Assistant Secretary may issue a conditional order at any time during a proceeding prior to issuance of a final opinion and order. The conditional order shall include the basis for not issuing a final opinion and order at that time and a statement of findings and conclusions. The findings and conclusions shall be based solely on the official record of the proceeding. $590.403 Emergency interim orders.

Where consistent with the public interest, the Assistant Secretary may waive further procedures and issue an emergency interim order authorizing the import or export of natural gas. After issuance of the emergency interim order, the proceeding shall be continued until the record is complete, at which time a final opinion and order shall be issued. The Assistant Secretary may attach necessary or appropriate terms and conditions to the emergency interim order to ensure that the authorized action will be consistent with the public interest. $590.404 Final opinions and orders.

The Assistant Secretary shall issue a final opinion and order and attach such conditions thereto as may be required by the public interest after completion and review of the record. The final opinion and order shall be based solely on the official record of the proceeding and include a statement of findings and conclusions, as well as the reasons or basis for them, and the appropriate order, condition, sanction, relief or denial.

8590.405 Transferability.

Authorizations by the Assistant Secretary to import or export natural gas shall not be transferable or assignable, unless specifically authorized by the Assistant Secretary.

based. If an order is sought to be vacated, reversed, or modified by reason of matters that have arisen since the issuance of the final opinion and order, conditional order, or emergency interim order, the matters relied upon shall be set forth with specificity in the application. The application shall also comply with the filing requirements of $590.103. $590.502 Application is not a stay,

The filing of an application for rehearing does not operate as a stay of the Assistant Secretary's order, unless specifically ordered by the Assistant Secretary. $590.503 Opinion and order on rehear

ing. Upon application for rehearing, the Assistant Secretary may grant or deny rehearing or may abrogate or modify the final opinion and order, conditional

order, or emergency interim order with or without further proceedings. $ 590.504 Denial by operation of law.

Unless the Assistant Secretary acts upon the application for rehearing within thirty (30) days after it is filed, it is deemed to be denied. Such denial shall constitute final agency action for the purpose of judicial review. $590.505 Answers to applications for

rehearing. No answers to applications for rehearing shall be entertained. Prior to the issuance of any final opinion and order on rehearing, however, the Assistant Secretary may afford the parties an opportunity to file briefs or answers and may order that a conference, oral presentation, or trial-type hearing be held on some or all of the issues presented by an application for rehearing.

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PART 600—FINANCIAL ASSISTANCE

RULES

Subpart A-General Sec. 600.1 Purpose. 600.2 Applicability. 600.3 Definitions. 600.4 Deviations. 600.5 Selection of award instrument. 600.6 Eligibility. 600.7 Small and disadvantaged and women

owned business participation. 600.8 Solicitation. 600.9 Notice of program interest. 600.10 Form and content of applications. 600.11 Intergovernmental review. 600.12 Generally applicable requirements. 600.13 Merit review. 600.15 Authorized uses of information. 600.16 Legal authority and effect of an

award. 600.17 Contents of award. 600.18 Recipient acknowledgement of award. 600.19 Notification to unsuccessful appli

cants. 600.20 Maximum DOE obligation. 600.21 Access to records. 600.22 Disputes and appeals. 600.23 Debarment and suspension. 600.24 Noncompliance. 600.25 Suspension and termination. 600.26 Funding. 600.27 Patent and data provisions. 600.28 Restrictions on lobbying. 600.29 Fixed obligation awards. 600.30 Cost sharing.

600.116 Resource Conservation and Recovery

Act. 600.117 Certifications and representations.

POST-AWARD REQUIREMENTS

Financial and Program Management 600.120 Purpose of financial and program

management. 600.121 Standards for financial management

systems. 600.122 Payment. 600.123 Cost sharing or matching. 600.124 Program income. 600.125 Revision of budget and program

plans. 600.126 Non-Federal audits. 600.127 Allowable costs. 600.128 Period of availability of funds.

Property Standards 600.130 Purpose of property standards. 600.131 Insurance coverage. 600.132 Real property. 600.133 Federally-owned and exempt prop

erty. 600.134 Equipment. 600.135 Supplies and other expendable prop

erty. 600.136 Intangible property. 600.137 Property trust relationship.

Procurement Standards 600.140 Purpose of procurement standards. 600.141 Recipient responsibilities. 600.142 Codes of conduct. 600.143 Competition. 600.144 Procurement procedures. 600.145 Cost and price analysis. 600.146 Procurement records. 600.147 Contract administration. 600.148 Contract provisions. 600.149 Resource Conservation and Recovery Act (RCRA).

Reports and Records 600.150 Purpose of reports and records. 600.151 Monitoring and reporting program

performance. 600.152 Financial reporting. 600.153 Retention and access requirements

for records.

Subpart B-Unttorm Administrative Roquire

monts for Grants and cooperative Agreements with Institutions of Higher Education, Hospitals, Other Non-Profit Organizations and commercial Organizations

GENERAL 600.100 Purpose. 600.101 Definitions. 600.102 Effect on other issuances. 600.103 Deviations. 600.104 Subawards.

PRE-AWARD REQUIREMENTS 600.110 Purpose. 600.111 Pre-award policies. 600.112 Forms for applying for Federal as

sistance. 600.113 Debarment and suspension. 600.114 Special award conditions. 600.115 Metric system of measurement.

Termination and Enforcement 600.160 Purpose of termination and enforce

ment. 600.161 Termination. 600.162 Enforcement.

AFTER-THE-AWARD REQUIREMENTS

600.171 Closeout procedures.

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Subpart F-Eligibility Determination for Cer

tain Financial Assistance Programs

General Statement of Policy 600.500 Purpose and scope. 600.501 Definitions. 600.502 What must DOE determine. 600.503 Determining the economic interest

of the United States. 600.504 Information an applicant must sub

mit. 600.505 Other information DOE may con

sider. APPENDIX A TO PART 600–GENERALLY APPLI

CABLE REQUIREMENTS APPENDIX B TO PART 600-AUDIT REPORT

DISTRIBUTEES AUTHORITY: 42 U.S.C. 7254, 7256, 13525; 31 U.S.C. 6301-6308, unless otherwise noted.

Subpart A-General

SOURCE: 61 FR 7166, Feb. 26, 1996, unless otherwise noted.

GENERAL 600.200 Purpose and scope of this subpart. 600.201 Scope of $$ 600.200 through 600.205. 600.202 Definitions. 600.203 Applicability, 600.204 Effect on other issuances. 600.205 Additions and exceptions.

PRE-AWARD REQUIREMENTS 600.210 Forms for applying for grants. 600.211 State plans. 600.212 Special grant or subgrant conditions for "high-risk" recipients.

POST-AWARD REQUIREMENTS

Financial Administration 600.220 Standards for financial management

systems. 600.221 Payment. 600.222 Allowable costs. 600.223 Period of availability of funds. 600.224 Matching or cost sharing. 600.225 Program income. 600.226 Non-Federal audit.

Changes, Property, and Subawards 600.230 Changes. 600.231 Real property. 600.232 Equipment. 600.233 Supplies. 600.234 Copyrights. 600.235 Subawards to debarred and sus

pended parties. 600.236 Procurement. 600.237 Subgrants.

Reports, Records Retention, and Enforcement 600.240 Monitoring and reporting program

performance. 600.241 Financial reporting. 600.242 Retention and access requirements

for records. 600.243 Enforcement. 600.244 Termination for convenience.

After-the-Grant Requirements 600.250 Closeout.

$ 600.1 Purpose.

This part implements the Federal Grant and Cooperative Agreement Act, Pub. L. 95–224, as amended by Pub. L. 97-258 (31 U.S.C. 6301-6308), and establishes uniform policies and procedures for the award and administration of DOE grants and cooperative agreements. This subpart (Subpart A) sets forth the policies and procedures applicable to the award and administration of grants and cooperative agreements. 8600.2 Applicability.

(a) Except as otherwise provided by Federal statute or program rule, this part applies to applications, solicitations, and new, continuation, and renewal awards (and any subsequent subawards).

(b) Any new, continuation, or renewal award (and any subsequent subaward) shall comply with any applicable Federal statute, Federal rule, Office of Management and Budget (OMB) Circular and Governmentwide guidance in effect as of the date of such award.

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