This memorandum is intended to serve as a statement from the designated agency ethics official for this Department, to be included with the Statement for Completion by Presidential Nominees that you are submitting to the United States Senate Committee on Energy and Natural Resources in connection with your nomination to the position of Assistant Secretary for Energy Efficiency and Renewable Energy. I have reviewed your Executive Branch Public Financial Disclosure Report (Standard Form 278) dated May 7, 1997, and have certified that the information contained therein discloses no conflict of interest under applicable laws and regulations.

Section 208, title 18, United States Code, prohibits a Federal officer or employee from participating personally and substantially, as a Government employee, in any particular matter in which, to his knowledge, he has, or his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner, or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment has, a financial interest.

On your Public Financial Disclosure Report, you indicated your
spouse currently owns stock in Mobil Corp. and is a general
partner in Parker & Company, a family-owned partnership. Parker
& Company's sole asset is an investment account that is managed
by a stock brokerage firm. While the assets held in the
investment account are frequently traded, Parker & Company holds
electric utilities, major oil companies, natural gas pipelines,
oil service companies, and other entities which do business with
the Department or can be affected by the Department's programs
and policies. As Assistant Secretary for Energy Efficiency and
Renewable Energy you will not be participating in particular
matters that will have a direct and predictable effect on most of
these companies. However, the possibility exists you would need
to personally and substantially participate in some particular
matters that would have a direct and predictable effect on some
of Parker & Company's current or future underlying holdings, such
as companies that produce renewable energy and appliance
manufacturers. Your wife is not actively involved in Parker &
Company. Generally, the account's manager conducts transactions

without the specific approval or notification of any of the partners of Parker & Company. Moreover, your wife's interest in Parker & Company is held in a trust.

Your spouse's interest in Parker & Company meets the requirements for a waiver of the participation prohibition, as described in 5 C.F.R. § 2640.301. Therefore, this office will prepare for the Secretary's signature a waiver of the participation prohibition of 18 U.S.C. 208, which will permit you to personally and substantially participate in particular matters affecting companies in which Parker & Company has an interest. However, this waiver will not apply to interests you have in Mobil and you have agreed to recuse yourself from participation, as a Government employee, in any particular matter that would have a direct and predictable effect upon Mobil. You have also agreed to recuse yourself from participating in any particular matter affecting your interests outside Parker & Company in which you have a financial interest within the meaning of section 208.

In addition, you have received a copy of the "United States Senate Committee on Energy and Natural Resources Recusal Policy," dated May 6, 1993. You have agreed to adhere to the Committee's recusal policy upon appointment to the position of Assistant Secretary for Energy Efficiency and Renewable Energy.

You should also be aware that Executive Order 12674, as modified by Executive Order 12731, prohibits employees appointed by the President to positions in the executive branch from receiving outside earned income during the term of the Presidential appointment. Further, title V of the Ethics in Government Act of 1978 (Pub. L. No. 95-521, as amended by Pub. L. No. 101-194) contains restrictions on the outside activities of certain Government employees including those appointed by the President. Specifically, section 502 of the Ethics in Government Act provides that such an employee may not permit his name to be used by any entity which provides professional services involving a fiduciary relationship, whether or not compensation is received for such activity.

Finally, as required by Executive Order 12834, you have agreed to sign a Senior Appointee Pledge upon your appointment. The pledge describes certain post-employment restrictions that will be applicable to you when you terminate your Government service.

Please let me know if I can be of further assistance.

Lured.

Ralph D. Goldenberg

In accordance with the Ethics in Government Act of 1978, I enclose a copy of the financial disclosure report filed by Dan W. Reicher, who has been nominated by President Clinton for the position of Assistant Secretary for Energy Efficiency and Renewable Energy, U.S. Department of Energy.

We have reviewed the report and have also obtained advice from the Department of Energy concerning any possible conflict in light of its functions and the nominee's proposed duties. Attached to the report 1S a memorandum from the Designated Agency Ethics Official, dated September 3, 1997, which discusses a proposed waiver under 18 U.S.C. § 208 and outlines the steps which Mr. Reicher will take to avoid conflicts of interest. Unless a specific date has been agreed to, the nominee must fully comply within three months of his confirmation date with the actions he agreed to take in his ethics agreement.

Based thereon, we believe that Mr. Reicher is in compliance with applicable laws and regulations governing conflicts of

interest.

Sincerely,

Stephen D. Potters

tephen D. Potts Director

Enclosures