[The Regulatory Plan and Unified Agenda of Federal Regulations]
[Department of Energy Regulatory Plan]
[From the U.S. Government Printing Office, www.gpo.gov]


DEPARTMENT OF ENERGY (DOE)

Statement of Regulatory Priorities
The Department of Energy's (DOE's) 1995 Regulatory Plan reflects the 
Department's response to the President's challenge to all Federal 
agencies to help create a government that works better and costs less. 
DOE has met that challenge through a fundamental reexamination of what 
its work is and how it is conducted. DOE's plan highlights the 
following items:
 The results of DOE strategic planning efforts to define its 
            mission and improve service to the public, which are 
            expected to save taxpayers $14.1 billion over the next 5 
            years;
 DOE's regulatory principles, which are to streamline its 
            regulations, increase stakeholder involvement, and 
            incorporate consensus and cooperation mechanisms in the 
            process of developing rules and achieving mission 
            objectives; and
 Major rulemaking efforts that implement the Department's 
            mission and major initiatives.
DOE Overview
Mission
The Department's five mission areas were identified, to assure more 
effective use of its unique scientific and technological assets, 
engineering expertise, and facilities, for the benefit of the Nation. 
They are:
 Industrial Competitiveness: Promote economic growth, 
            competition, and the creation of high-wage jobs through 
            research and development partnerships with industry, to 
            drive products into the domestic and international 
            marketplace and to help industry become more cost-
            effective.
 Energy Resources: Encourage efficiency and advance alternative 
            and renewable energy technologies, increase energy choices 
            for all consumers, assure adequate supplies of clean 
            conventional energy, and reduce U.S. vulnerability to 
            external events.
 Science and Technology: Use the unique resources of the 
            Department's laboratories and the country's universities to 
            maintain leadership in basic research, to increase applied 
            research, and to maintain world technical leadership 
            through long-term, systemic reform of science and 
            mathematics education.
 National Security: Support and maintain a safe, secure, and 
            reliable stockpile without nuclear testing; safely 
            dismantle excess weapons; provide for safe and secure long-
            term storage and disposition of surplus weapons-usable 
            fissile materials; and provide the technical leadership for 
            National and global nonproliferation activities.
 Environmental Quality: Understand and reduce the 
            environmental, safety, and health risks associated with DOE 
            facilities and operations and develop the technologies and 
            institutions required for solving domestic and global 
            environmental problems.
The regulatory initiatives summarized in the regulatory plan are an 
integral contribution to performing the Department's vital missions at 
dramatically reduced cost, while increasing the level of service to the 
American public.
Eliminating and Improving Regulations
Regulatory Approach and Guiding Principles
With respect to its regulatory program, the Department has been engaged 
in a continuing, comprehensive review to make its rulemakings less 
burdensome, more cost-effective, and more responsive to the needs of 
our stakeholders.
The President's Regulatory Reform Initiative announced in February 1995 
provided welcome emphasis to efforts already underway. The result of 
Presidential leadership and the Department's inclusive consultative 
approach has been a dramatic improvement in the Department's regulatory 
program. These improvements will benefit, among others: State 
governments; schools, hospitals, and other public care institutions; 
the electric and natural gas utility industry; and U.S. taxpayers.
The guiding principles for DOE's reinvention efforts are to:
 Involve the public and DOE stakeholders (i.e., our customers);
 Streamline regulations;
 Strip away non-value-added requirements and processes;
 Consider alternative approaches to regulation (e.g., the 
            Department's voluntary Climate Challenge program); and
 Emphasize performance-based measures and best practices.
Accomplishments
Reinvention of External Regulations
In response to the President's Regulatory Reform Initiative, including 
a page-by-page review of all existing DOE regulations, the Department 
has targeted 75 percent of its regulations for elimination or 
reinvention. Specifically, the Department has set the following goals:
 34 percent of all CFR parts targeted for elimination;
 41 percent of all CFR parts targeted for reinvention;
 33 percent of all CFR pages targeted for elimination;
 55 percent of all CFR pages targeted for reinvention.
The Department expects that the total number of pages in the Code of 
Federal Regulations will be reduced from almost 2,200 to under 1,500, 
with over 1,200 of those remaining pages slated for reinvention. To 
date DOE has eliminated 23 percent of its total CFR pages and remains 
committed to its goal of a 33 percent reduction.
On September 22, 1995, the Department published a final rule 
eliminating nonprocurement regulations made obsolete by the expiration 
or supersession of statutory authorities, or for which appropriations 
have not been available since the early 1980s. The result of the final 
rule is the elimination of 454 of the Department's CFR pages.
Reinvention of Procurement Regulations
The Department is aggressively pursuing efforts to reduce and 
streamline the Department of Energy Acquisition Regulation (DEAR).
The goals of the procurement regulation reduction effort are to:
 Reduce the volume of the DEAR by 50 percent;
 Streamline procurement operations;
 Reduce constraints, prescriptive requirements, and 
            administrative processes;
 Make remaining requirements outcome--not process--oriented; 
            and
 Define roles and responsibilities at the lowest appropriate 
            level.
In May 1994, DOE published a final rule that eliminated 10 percent of 
the DEAR (59 FR 24357), and recently published, in September 1995, a 
final rule (60 FR 47304) to eliminate approximately another 15 percent 
from the regulation, which will bring the total DEAR reduction to date 
to 25 percent. Additional reductions will be achieved in fiscal year 
1996 when significant amounts of material will be removed from the 
DEAR. The remaining portions of the DEAR will be revised to reflect 
performance-based measures and best business practices.
In September 1995, the Department published a final rule (60 FR 49512) 
amending its procurement regulations to identify purchasing system 
objectives and standards for DOE contractors, eliminating the 
application of the so-called ``Federal norm'' for contracting, and 
placing greater reliance on commercial practices.
In November 1995, the Department expects to publish a proposed rule to 
implement key recommendations of the Department's Contract Reform 
Initiative. Changes are being proposed in the following areas 
associated with the Department's contracting activities: Fines, 
penalties, third-party liability, and property liability requirements 
for contractor make-or-buy plans; fee policy for profit-making 
entities; fee policy for non-profit-making entities; payment of fee 
laws, regulations, and Department directives; environment ownership of 
records; and contractor overtime. A related action, RIN 1992-AB09 on 
Competition for Management and Operating Contracts, will complete the 
Department's contract reform changes.
Reinvention of Internal Regulations
The Department is engaged in an accelerated effort to reduce the burden 
and increase the cost-effectiveness of orders governing its management 
and operating contractors, while protecting public safety, health, and 
the environment. As of September 30, 1995, the Department has achieved 
a 50 percent reduction in departmental orders. This complements the 
Secretary's Strategic Alignment Initiative to streamline departmental 
activities and fulfills the Secretary's commitment to the President to 
reduce the number of such orders from 312 to 156 by the end of fiscal 
year 1995.
Energy Efficiency Rulemakings
This year, the Department finalized a rule (60 FR 18326) establishing 
innovative Federal energy savings performance contracts that allow 
private contractors to retrofit Federal buildings to achieve energy 
efficiency savings at no cost to U.S. taxpayers. Contractors would 
share in energy use cost savings realized through these performance 
contracts.
Rewarding Results
With respect to its nuclear facilities and operations, the Department 
has emphasized performance-based results over prescriptive, process-
laden approaches to health and safety regulation. By providing positive 
incentives to find and fix safety problems, the Department emphasizes 
compliance over enforcement to assure safety performance and continuous 
improvement.
The Department is implementing new contract approaches designed to give 
contractors greater incentives for good performance, including safety 
performance. For example, DOE recently announced the award of a 
contract for cleanup of the Rocky Flats Environmental Technology Site. 
The new contract is the first that incorporates all elements of the 
Department's contract reform initiatives. The contract:
 Is performance-based in that the contractor is paid for 
            results, with 85 percent of fees based on performance and 
            only 15 percent of fees fixed;
 Has built-in incentives for cost savings and performance 
            (shared by contractor and employees); and
 Is estimated to save $1.2 billion compared to current 
            projections under the existing contract.
Creating Grassroots Partnerships
Over the last 3 years, the Department has been working closely with its 
stakeholders, including the following, to improve its regulations.
Energy Efficiency Industry Partnerships
With respect to energy efficiency regulations, the Department has 
worked extensively with the regulated community to determine the costs 
and benefits of possible regulations. The Department, for example, has 
supported the activities of manufacturers, States, electric utilities, 
and energy efficiency advocates to recommend energy efficiency 
standards for refrigerators, refrigerator-freezers, and freezers. 
Moreover, the Department has initiated a review of the analytical 
methodologies used to assess options for energy efficiency regulations. 
In addition, the Department, working in partnership with affected 
stakeholders and in the context of the Department's review, will seek 
to develop consensus-based improvements to the energy efficiency 
standards rulemaking process.
Partnerships to Enhance Environment, Safety, and Health
The Office of Environment, Safety, and Health's Advisory Committee on 
External Regulation of DOE Nuclear Safety is an independent panel 
formed by the Secretary in February 1995. The Committee will recommend 
whether and how existing and new DOE nuclear facilities and operations 
might be externally regulated to best protect health, safety, and the 
environment; eliminate unnecessary oversight; and reduce costs. The 
Committee will develop its recommendations and submit them in 1995 to 
the Secretary of Energy and simultaneously to the Office of Management 
and Budget and the Council on Environmental Quality.
Science and Technical Information Partnership
The Department has involved over 100 stakeholders in an effort to 
reduce the burden associated with the management of scientific and 
technical information generated by the Department and its contractors. 
As a result of this 6-month effort, 143 pages of prescriptive policy 
requirements have been replaced with an eight-page policy document with 
three outcome-based performance objectives for the DOE National 
Laboratories and other research contractors. The result of this effort 
has been significant cost and burden reduction, while improving public 
and industry access to the information emanating from the Department's 
$6 billion annual investment in science and technology research.
Negotiate--Don't Dictate Rules
The Department is actively engaged in efforts to build consensus and to 
foster cooperation in the process of developing rules and achieving its 
mission objectives.
Energy Efficiency Standards and Test Procedures
The Department is encouraging product manufacturers, consumer groups, 
environmental organizations, and other interested parties to build 
consensus on energy efficiency rules for home appliances. On October 
18, 1994, a coalition including the Association of Home Appliance 
Manufacturers and its members, the Natural Resources Defense Council, 
the American Council for an Energy Efficient Economy, and several State 
energy offices and utilities announced a landmark consensus on the 
efficiency levels that should be required in the next generation of 
refrigerators and freezers sold in the United States.
This agreement was the result of nearly 2 years of informal 
negotiations among the interested parties, supported by the Department 
with analytical and technical support. If adopted, it is estimated that 
these standards will result in refrigerators using 22 to 30 percent 
less electricity than today's new models, saving consumers $13 billion 
and reducing carbon emissions by 5 million metric tons by 2010. The 
Department has challenged manufacturers, consumers, and environmental 
organizations to repeat the process for other appliances.
Climate Challenge Program
The Department has embarked upon an innovative program of cooperation 
with the electric utility industry to achieve cost-effective greenhouse 
gas emission reductions. The Climate Challenge Program is based on 
voluntary commitments by participating electric utilities to undertake 
actions to reduce, avoid, or sequester greenhouse gas emissions. The 
Department provides technical assistance, encouragement, and public 
recognition for utility participants.
Almost 500 utilities have joined the Climate Challenge Program to date, 
pledging to conclude projects with an estimated reduction potential of 
46 million metric tons of carbon equivalent by the year 2000.
Waiving Penalties and Cutting Frequency of Reports
The Department is committed to streamlining its reporting requirements. 
In the area of management of DOE contractors alone, the Department 
eliminated 7,000 reporting requirements, resulting in estimated annual 
savings of $48 million. This effort involved tossing out three large 
notebooks filled with detailed directives and replacing them with an 
11-page document. The ultimate beneficiaries are American taxpayers, 
who will benefit from the increased flexibility and decreased costs 
associated with the operation of DOE research facilities.
_______________________________________________________________________
DOE--Energy Efficiency and Renewable Energy (EE)

                              -----------

                          PROPOSED RULE STAGE

                              -----------

22. ENERGY EFFICIENCY STANDARDS FOR RESIDENTIAL APPLIANCES
Priority:


Economically Significant


Reinventing Government:


This rulemaking is part of the Reinventing Government effort. It will 
revise text in the CFR to reduce burden or duplication, or streamline 
requirements.


Legal Authority:


 42 USC 6295


CFR Citation:


 10 CFR 430.32


Legal Deadline:


Final, Statutory, January 1, 1992, For Water Heaters, Pool Heaters, 
Direct Heating Equipment, Mobile Home Furnaces,Kitchen Ranges and 
Ovens, etc.


Final, Statutory, January 1, 1994, For Central Air Conditioners,Heat 
Pumps, and Furnaces.


Final, Statutory, November 17, 1994, For Refrigerators,Refrigerator-
Freezers, and Freezers.


Final, Statutory, May 14, 1996, For Dishwashers, ClothesWashers, and 
Clothes Dryers.


Abstract:


This is the initial review of the statutory standards for water 
heaters, pool heaters, direct heating equipment, mobile home furnaces, 
kitchen ranges and ovens, room air conditioners, fluorescent lamp 
ballasts, central air conditioners, heat pumps, and furnaces, to 
determine whether those levels need to be amended. This is the second 
reanalysis of the standards levels for refrigerators, refrigerator-
freezers and freezers, dishwashers, clothes washers, and clothes 
dryers. These actions are covered by RINs 1904-AA38, 1904-AA47, 1904-
AA67, 1904-AA75, 1904-AA76, 1904-AA77 and 1904-AA78. The proposed 
standards for television sets were withdrawn (RIN 1904-AA79).
At this time it appears that the Department's rulemaking actions with 
respect to energy efficiency standards for appliances may be restricted 
in fiscal year 1996 by a rider attached to the Interior and Related 
Agencies appropriations bill. This rider, if enacted, would prohibit 
the Department from using fiscal year 1996 appropriations for the 
issuance of any proposed or final energy efficiency standards for 
appliances. Because of this rider and an internal review of the 
processes and methodologies used to develop and analyze appliance 
standards, the Department has not developed revised schedules for these 
actions.


Statement of Need:


These standards are required by statute. Experience has shown that the 
choice of residential appliances purchased by both builders and 
homeowners is based on the initial cost rather than life cycle costs. 
Minimum energy efficiency standards for appliances eliminate 
economically inefficient products from the market and encourage 
industry to explore innovative ways to improve product performance.


Summary of the Legal Basis:



The Energy Policy and Conservation Act (EPCA), as amended, establishes 
initial energy-efficiency standard levels for most types of major 
residential appliances and generally requires DOE to undergo two 
subsequent rulemakings, at specified times, to determine whether the 
extant standard for a covered product should be amended.


Alternatives:


In conducting these reviews DOE considers a number of options, 
including retention of the existing standard and revised standards 
based on varying levels of stringency. The statute requires the 
Department to revise the standards to achieve the maximum improvement 
in energy efficiency that the Secretary determines is technologically 
feasible and economically justified. In making this determination a 
large number of complex issues must be considered. Data and information 
are solicited from industry and the public at large. Engineering 
analysis to estimate the efficiency of various combinations of design 
options is conducted. Estimates of energy savings resulting from more 
stringent standards are made using the Lawrence Berkeley Laboratory 
Residential Energy Model, which forecasts the appliance purchase 
choices that households make as well as their subsequent appliance 
usage behavior and energy consumption. The effect of revised standards 
on an industry's profitability and scale of operation is also 
evaluated. The output of this analysis is the development of a 
proposal, which is published in a notice of proposed rulemaking for 
public comment.
The above process requires a great deal of effort and time to 
accomplish. The Department has been exploring methods to reduce the 
amount of effort and shorten the time required to accomplish the 
appliance standards rulemakings. In this regard, the Department 
recently has provided technical support and legal guidance to a group 
of refrigerator manufacturers, efficiency advocates, State energy 
offices and utilities involved in informal negotiations concerning 
standards for refrigerators Department has recently provided technical 
support and legal of the Department's proposed rule. The general 
acceptance of environmentalists, State energy offices, and utilities 
involved in informal negotiations concerning standards for 
refrigerators and freezers. The negotiated standards were used as the 
bosis of the proposed rule. The general acceptance of negotiated 
standard levels by the interested parties prior to the proposal can 
lead to a more speedy final rule. This approach can also reduce the 
contention and divisiveness that is sometimes present in the 
traditional rulemaking process.


Anticipated Costs and Benefits:



These revised standards, combined with other market stimuli, are 
expected to yield energy savings worth about $6 billion annually by the 
year 2010 and reduce greenhouse gas emissions from projected 2010 
levels by 12 MMT of carbon equivalent. Redesign and retooling to 
produce products meeting these more stringent efficiency standards for 
these products are expected to require an investment in excess of $800 
million by the industry.


Risks:



Without appliance standards, energy use will continue to increase, with 
resulting damage to the environment caused by atmospheric emissions. 
Standards that are too stringent could result in excessive increases in 
the cost of the product, possible reductions in product utility and 
possible placing of such a burden on the industry as to cause some 
manufacturers to withdraw from the market, resulting in a loss of 
competition and jobs. On the other hand, enhancing appliance energy 
efficiency reduces atmospheric emissions of CO2, NOx and SOx, or the 
costs of complying with existing emission limits.


Timetable:
_______________________________________________________________________
CACs and Heat Pumps (RIN 1904-AA77)
ANPRM 09/08/93 (58 FR 47326)
NPRM 00/00/00
Final Action 00/00/00
Dishwashers, Clothes Washers and Dryers (RIN 1904-AA67)
ANPRM 11/14/94 (59 FR 56423)
NPRM 00/00/00
Final Action 00/00/00
Fluorescent Lamp Ballasts (RIN 1904-AA75)
ANPRM 09/28/90 (55 FR 39624)
NPRM 03/04/94 (59 FR 10464)
Revised NPRM 00/00/00
Final Action 00/00/00
Furnaces (RIN 1904-AA78)
ANPRM 09/08/93 (58 FR 47326)
NPRM 00/00/00
Final Action 00/00/00
Pool Heaters, Direct Heating Equip., etc. (RIN 1904-AA38)
ANPRM 09/28/90 (55 FR 39624)
NPRM 03/04/94 (59 FR 10464)
Final Action 00/00/00
Refrigerators and Freezers (RIN 1904-AA47)
ANPRM 09/08/93 (58 FR 47326)
NPRM 07/20/95 (60 FR 37338)
NPRM Comment Period End 11/02/95
Final Action 00/00/00
Water Heaters (RIN 1904-AA76)
ANPRM 09/28/90 (55 FR 39624)
NPRM 03/04/94 (59 FR 10464)
Revised NPRM 00/00/00
Final Action 00/00/00
Small Entities Affected:


None


Government Levels Affected:


State, Local


Agency Contact:
Carl Adams
Director, Appliance Standards Division
Office of Codes and Standards
Department of Energy
Energy Efficiency and Renewable Energy
1000 Independence Ave. SW.
Washington, DC 20585
Phone: 202 586-7140
RIN: 1904-AA38
_______________________________________________________________________
DOE--Departmental and Others (ENDEP)

                              -----------

                          PROPOSED RULE STAGE

                              -----------

23. NUCLEAR SAFETY MANAGEMENT
Priority:


Other Significant


Reinventing Government:


This rulemaking is part of the Reinventing Government effort. It will 
revise text in the CFR to reduce burden or duplication, or streamline 
requirements.


Legal Authority:


 42 USC 2201; 42 USC 7191


CFR Citation:


 10 CFR 830


Legal Deadline:


None


Abstract:


This action will add regulations under 10 CFR 830 to establish nuclear 
safety management requirements for the Department's nuclear facilities. 
These requirements stem from the Department's obligations to assure 
adequate protection and to hold contractors who manage and operate 
these facilities accountable and responsible for safe operations. Under 
phase 1 of this action, major requirements will include conduct of 
employees, safety analysis reports, technical safety requirements 
training, maintenance, unreviewed safety questions and occurrence 
reporting. Under phase 2 of this action, major requirements will 
include nuclear design criteria, fire protection, natural phenomena 
hazards mitigation, and nuclear criticality safety. An initial phase 
adopted a quality assurance rule and definitions.


Statement of Need:


The purpose of this rule is to ensure that the Department's obligations 
to protect health and safety are fulfilled and to provide, if needed, a 
basis for the assessment of civil and criminal penalties consistent 
with the Price-Anderson Amendments Act of 1988. This action is 
consistent with the Department's commitment to the issuance of all new 
nuclear safety requirements to using notice and comment rulemaking.


Summary of the Legal Basis:


Under the Atomic Energy Act of 1954, as amended, the Department of 
Energy has the authority to regulate activities at facilities under its 
jurisdiction. The Department is committed to honoring its obligation to 
ensure the health and safety of the public and workers affected by its 
operations.


Alternatives:


The Department could continue to impose nuclear safety requirements 
through directives made applicable to DOE contractors through the terms 
of their contracts.


Anticipated Costs and Benefits:


The incremental costs of the proposed rules should be minimal because 
contractors are currently bound by comparable contractual obligations. 
Full compliance by contractors with nuclear safety standards will 
result in substantial societal benefits.


Risks:


This rulemaking should reduce the risk of nuclear safety problems by 
clarifying safety requirements applicable to DOE contractors and 
improving compliance.


Timetable:
_______________________________________________________________________
Initial Phase
NPRM 12/09/91 (56 FR 64316)
Final Rule 04/05/94 (59 FR 15843)
Phase I
NPRM 12/09/91 (56 FR 64316)
Final Rule 03/00/96
Phase II
NPRM 12/00/95
Final Rule 12/00/96
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Richard Stark
Nuclear Safety and Policy Standards (EH-31)
Department of Energy
Washington, DC 20545
Phone: 301 903-4407
RIN: 1901-AA34
_______________________________________________________________________
DOE--ENDEP

                              -----------

                            FINAL RULE STAGE

                              -----------

24. RADIATION PROTECTION OF THE PUBLIC AND THE ENVIRONMENT
Priority:


Other Significant


Legal Authority:


 42 USC 2201; 42 USC 7191


CFR Citation:


 10 CFR 834


Legal Deadline:


None


Abstract:


This action would add a new 10 CFR 834 to DOE's regulations 
establishing a body of rules setting forth the basic requirements for 
ensuring radiation protection of the public and environment in 
connection with DOE nuclear activities. These requirements stem from 
the Department's ongoing effort to strengthen the protection of health, 
safety, and the environment from the nuclear, radiological, and 
chemical hazards posed by these DOE activities. Major elements of the 
proposal included a dose limitation system for protection of the 
public, requirements for liquid discharges; reporting and monitoring 
requirements; and residual radioactive material requirements.


Statement of Need:



The purpose of this rule is to ensure that the Department's obligations 
to protect health and safety are fulfilled and to provide, if needed, a 
basis for the assessment of civil and criminal penalties consistent 
with the Price-Anderson Amendments Act of 1988. This action is 
consistent with the Department's commitment to the issuance of all new 
nuclear safety requirements using notice and comment rulemaking.


Summary of the Legal Basis:



Under the Atomic Energy Act of 1954, as amended, the Department of 
Energy has the authority to regulate activities at facilities under its 
jurisdiction. The Department is committed to honoring its obligation to 
ensure the health and safety of the public and workers affected by its 
operations and the protection of the environs around its facilities.


Alternatives:



The Department could continue to impose nuclear safety requirements 
through directives made applicable to DOE contractors through the terms 
of their contracts.


Anticipated Costs and Benefits:



The incremental costs of the proposed rules should be minimal because 
contractors are currently bound by comparable contractual obligations. 
Full compliance by contractors with nuclear safety standards will 
result in substantial societal benefits.


Risks:



This rulemaking should reduce the risk of nuclear safety problems by 
clarifying safety requirements applicable to DOE contractors and 
improving compliance.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM            58 FR 16268                                    03/25/93
NPRM Comment Per58 FR 16268                                    06/22/93
Final Action                                                   03/00/96
Small Entities Affected:


None


Government Levels Affected:


Federal


Agency Contact:
Andrew Wallo, III, Director
Air, Water and Radiation Div. (EH-232)
Office of Environmental Guidance
Department of Energy
U.S. Department of Energy
1000 Independence Avenue SW.
Washington, DC 20585
Phone: 202 586-4996
RIN: 1901-AA38
_______________________________________________________________________
DOE--Office of Procurement and Assistance Management (PR)

                              -----------

                          PROPOSED RULE STAGE

                              -----------

25.  CONTRACT REFORM
Priority:


Other Significant


Reinventing Government:


This rulemaking is part of the Reinventing Government effort. It will 
revise text in the CFR to reduce burden or duplication, or streamline 
requirements.


Legal Authority:


 42 USC 2201; 42 USC 7254


CFR Citation:


 48 CFR 970


Legal Deadline:


None


Abstract:


This action would amend the Department of Energy Acquisition Regulation 
to implement certain key recommendations of the Department's contract 
reform initiative. Changes are made to the following areas: fines, 
penalties, third-party liability and property liability; requirements 
for contractor make-or-buy plans; fee policy for profit-making 
entities; fee policy for non-profit-making entities; payment of fee; 
laws, regulations, and Department directives; environment; ownership of 
records; and contractor overtime. A related action, RIN 1991-AB09 on 
Competition for Management and Operating Contracts, completes the 
Department's contract reform changes.


Statement of Need:


The purpose of this rule is to place into regulation those new 
policies, and changes to existing policies, to strengthen the 
management of the Department's management and operating contracts.


Summary of the Legal Basis:


Under Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) and 
section 644 of the Department of Energy Organization Act, Public Law 
95-91 (42 U.S.C. 7254), the Department of Energy has the authority to 
enter into and perform contracts necessary to carry out functions 
vested in the Department and to prescribe such rules and regulations 
necessary to manage these contract activities.


Alternatives:


The Department could rely on the Federal Acquisition Regulation to 
describe regulatory requirements for contracts without addressing 
unique relationships that the Department has with its contractors.


Anticipated Costs and Benefits:


This action should save the Government costs, make contractors more 
accountable for their performance, and improve the quality of work 
performed through performance, and improve the quality of work 
performed through the Department's management and operating contracts.


Risks:


This rulemaking should reduce the risk that the Government does not 
receive reasonable value for work performed through management and 
operating contracts.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM                                                           11/00/95
Small Entities Affected:


Undetermined


Government Levels Affected:


Undetermined


Procurement:


This is a procurement-related action for which there is no statutory 
requirement. There is no paperwork burden associated with this action.


Agency Contact:
Connie Fournier
Procurement Analyst
Department of Energy
Office of Procurement and Assistance Management
1000 Independence Avenue SW.
Washington, DC 20585
Phone: 202 586-8245
Fax: 202 586-0545
RIN: 1991-AB28
BILLING CODE 6450-01-F