8962.3 Byproduct material. (a) For purposes of this part, the term byproduct material means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. (b) For purposes of determining the applicability of the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.) to any radioactive waste substance owned or produced by the Department of Energy pursuant to the ex ercise of its atomic energy research, development, testing and production responsibilities under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the words “any radioactive material," as used in paragraph (a) of this section, refer only to the actual radionuclides dispersed or suspended in the waste substance. The nonradioactive hazardous component of the waste substance will be subject to regulation under the Resource Conservation and Recovery Act. tion) CHAPTER X-DEPARTMENT OF ENERGY (GENERAL PROVISIONS) Page Part 1000 547 550 1002 1003 552 570 1004 1005 584 587 1008 1009 1010 1013 1014 603 605 606 1015 1016 1017 Transfer of proceedings to the Secretary of Energy and the Federal Energy Regulatory Commission tions ergy programs and activities rials and services sold by DOE Act ....... trolled nuclear information procedures mental review requirements procurement) and governmentwide requirements for drug-free workplace (grants) ...... acquisition for Federal and federally assisted programs 622 625 632 640 652 1018 1021 653 1022 1023 1024 1036 679 684 701 705 1039 727 727 1040 Page Part 1041 1045 1046 1047 770 776 790 801 1048 Enforcement of nondiscrimation on the basis of handicap in programs or activities conducted by the Department of Energy tective force officers ties and other property tective force officers of the Strategic Petroleum Reserve ..... Government employees 804 1049 805 808 1050 1060 818 are PART 1000-TRANSFER OF PRO- (7) All applications for modification CEEDINGS TO THE SECRETARY OF or rescission of any DOE order or interENERGY AND THE FEDERAL EN- pretation which have been filed pursuERGY REGULATORY COMMIS ant to 10 CFR part 205, subpart J, and SION on which no order has been issued prior to October 1, 1977, with the Office of Exceptions and Appeals of the Federal 81000.1 Transfer of proceedings. Energy Administation; (a) Scope. This part establishes the NOTE: For a document relating to procetransfer of proceedings pending with dures for natural gas import and export proregard to those functions of various ceedings see 42 FR 61856, Dec. 7, 1977. agencies which have been consolidated in the Department of Energy and iden (8) All applications for temporary tifies those proceedings which stays and stays which have been filed transferred into the jurisdiction of the pursuant to 10 CFR part 205, subpart I, Secretary and those which are trans and on which no order has been issued, ferred into the jurisdiction of the Fed with the Office of Exceptions and Aperal Energy Regulatory Commission. peals of the Department of Energy; (b) Proceedings transferred to the Sec (9) All applications which have been retary. The following proceedings are filed with the Office of Regulatory Protransferred to the Secretary: grams of the Department of Energy (1) All Notices of Proposed Rule and on which no final order has been making, pending and outstanding, issued; which have been proposed by the De (10) All investigations which have partment of Energy and the Depart been instituted and have not been rement of Energy; solved by the Office of Compliance of (2) All Notices of Inquiry which have the Department of Energy; been issued by the Department of En (11) All Notices of Probable Violation ergy; which have been issued prior to Octo(3) All Requests for Interpretations ber 1, 1977, by the Office of Compliance which have been filed pursuant to 10 of Department of Energy; CFR part 205, subpart F, and on which (12) All Notices of Proposed Disallowno interpretation has been issued, with ance which have been issued prior to the Office of General Counsel of the De- October 1, 1977, by the Office of Complipartment of Energy; ance of Department of Energy; (4) All Applications for Exception Re (13) All Prohibition Orders which lief which have been filed pursuant to have been issued pursuant to 10 CFR 10 CFR part 205, subpart D, and on part 303 and as to which no Notice of which no final decision and order has Effectiveness has been issued; been issued, with the Office of Excep- (14) From the Department of the Intions and Appeals of the Department of terior: Energy; (i) The tentative power rate adjust(5) All petitions for special redress, ments for the Central Valley Project, relief or other extraordinary assistance California, proposed on September 12, which have been filed pursuant to 10 1977 (42 FR 46619, September 16, 1977). CFR part 205, subpart R, and on which (15) From the Interstate Commerce no order has been issued, with the Of- Commission: fice of Private Grievances and Redress (i) Ex Parte No. 308 (Sub-No. 1)Inof the Department of Energy; vestigation of Common Carrier Pipe(6) All appeals from Remedial Orders, lines. Exception Decisions and Orders, Inter- (16) From the Federal Power Compretations issued by the Office of Gen- mission: eral Counsel, and other agency orders (i) Cases: which have been filed pursuant to 10 (A) Northwest Pipeline Corporation, CFR part 205, subpart H, and on which Docket No. CP75-340. no order has been issued prior to Octo- (B) Midwestern Gas Transmission ber 1, 1977, with the Office of Excep- Co., Docket No. CP77-458, et al. tions and Appeals of the Department of (C) St. Lawrence Gas Company, Energy; Docket No. G-17500. |