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491-499 [Reserved]

EDITORIAL NOTE: Chapter II-Department of Energy is continued in the volume containing 10 CFR Part 500 to End.




Subpart A-General


417.1 Purpose and scope.

417.2 Definitions.

417.3 Establishment of program.

417.4 Eligibility requirements.

417.5 Applicability of DOE Assistance Reg


417.6 Solicitation procedures.

417.7 Debriefing.

417.8 Property.

Subpart B-Financial Assistance for Large Wind Energy Systems

417.21 Scope.

417.22 Funding limitation.

417.23 Application requirements.

417.24 Allowable project costs.

417.25 Evaluation criteria.

417.26 Monitoring and reporting requirements.

417.27 Visitation.

AUTHORITY: Sec. 6, Pub. L. 96-345, 94 Stat. 1142 (42 U.S.C. 9205); 41 U.S.C. 506(a). SOURCE: 47 FR 16167, Apr. 15, 1982, unless otherwise noted.

Subpart A-General

§ 417.1 Purpose and scope.

The purposes of this part are to establish a wind energy technology application program under section 6 of the Wind Energy Systems Act of 1980 (Pub. L. 96-345) and to set forth the procedures and requirements for the award and administration of financial assistance (in the form of grants or cooperative agreements) to public and private entities for the purchase and installation of large wind energy systems and data-gathering on operation and maintenance of such systems. The procedures and requirements of this part do not apply to the research, development, and


projects eligible to receive DOE financial assistance under the Act, to loans to finance purchase and installation of large wind energy systems, or to arrangements made by DOE with other

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For the purposes of this part"Act" means the Wind Energy Systems Act of 1980, Pub. L. 96-345.

"Conventional energy source" means energy produced from oil, gas, coal, or nuclear fuels.

"DOE" means the Department of Energy.

"Feasibility study" means a study to determine the technical and economic feasibility and institutional and environmental acceptability of undertaking a project to purchase and install a wind energy system at a specific site. "Financial assistance" means a grant or cooperative agreement.

"Normal operation" means the unattended operation of the wind energy system after installation and debugging and putting energy from the system on line.

"Operating and maintenance costs" means those costs incurred after commencement of normal operation associated with maintaining a wind energy system so that it continues to perform satisfactorily over its design lifetime.

"Peak generating capacity" means the maximum power output a wind system is capable of producing in normal operation.

"Public or private entity" means any individual, corporation, partnership, firm, association, agricultural cooperative, public or investor owned utility, public or private institution or group, and state or local government agency, or any other domestic entity.

"Secretary" means the Secretary of Energy.

"Small Wind energy system" means a wind energy system designed to produce a peak generating capacity of one hundred kilowatts or less.

"State" means the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States including the Trust Territory of the Pacific Islands.

"Wind energy system" means a system of components which converts the kinetic energy of the wind into electricity or mechanical power and which comprises all necessary components including energy storage, power conditioning, control systems, and transmission systems, where appropriate, to provide electricity or mechanical power for residential, agricultural, commercial, industrial, utility or governmental use.

§ 417.3 Establishment of program.

(a) The Wind Energy Technology Application Program is established under this part and shall be administered by the Assistant Secretary of Conservation and Renewable Energy of DOE.

(b) DOE shall not issue any solicitation or award any financial assistance related to large wind energy systems under this part after finding, in accordance with section 6 of the Act, that such systems have become economically competitive with conventional energy sources or on September 30, 1988, whichever occurs first.

§ 417.4 Eligibility requirements.

Any public or private entity is eligible to receive assistance under this part for a project located within a State which involves one or more large wind energy systems, each of which has a peak generating capacity of greater than one hundred kilowatts.

§ 417.5 Applicability of DOE Assistance Regulations.

Except as otherwise provided in these rules, the award and administration of financial assistance under this part are subject to the requirements of the DOE Assistance Regulations, 10 CFR Part 600.

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(c) of this section, DOE shall solicit pre-applications and/or applications for the award of financial assistance under this part by issuing a solicitation providing the following information:

(1) Program name, reference title and number of this program in the Catalog of Federal Domestic Assistance, citations to these rules, and to the statutory authority for this program;

(2) Name and address of the DOE official or office to which the application should be mailed or delivered;

(3) Deadlines for submitting pre-applications and applications, and for completing reviews under Part I of OMB Circular A-95;

(4) Number of copies, not exceeding three, of pre-applications and/or applications required to be submitted.

(5) A description of how DOE will treat late applications, and how DOE intends to dispose of applications that do not result in the award of financial assistance;

(6) Total amount of DOE funds available for award under the solicitation, the maximum amount of DOE assistance that may be awarded to an individual recipient, and the minimum amount of cost sharing required to be provided by the applicant;

(7) A statement advising applicants that, except as otherwise provided in these rules, the award and administration of financial assistance under this part are subject to the DOE Assistance Regulations, 10 CFR Part 600;

(8) A statement advising that information submitted to DOE in pre-applications and applications is subject to reproduction or disclosure to others under the DOE regulations implementing the Freedom of Information Act, 5 U.S.C. 552, 10 CFR Part 1004;

(9) A statement advising that the award and administration of financial assistance under this part are subject to the requirements of 10 CFR Part 1022 (Compliance with Floodplain/ Wetlands Environmental Review Requirements) and the requirements of 10 CFR Part 1040 (Non-discrimination in Federally Assisted Programs);

(10) Date, time and location of any pre-application briefing;

(11) A statement advising applicants of the availability of the debriefing procedure under § 417.7;

(12) A statement indicating whether DOE intends to award the financial assistance in the form of grants, cooperative agreements, or a combination of these instruments;

(13) A description of the eligibility requirements applicable to the solicitation;

(14) An explanation of the criteria that will be used to evaluate applications and the ranking of such evaluation criteria;

(15) A summary of and references to the standard terms and conditions that will be included in the financial assistance agreement;

(16) Name, address, and telephone number of the DOE official from whom applicants may obtain applications and additional information, including copies of these rules and any materials referred to in the solicitation.

(c) Prior to issuing a program solicitation, DOE shall publish in the FEDERAL REGISTER and Commerce Business Daily a Notice of Availability, including but not limited to the information described in § 417.6(c) (1), (6), (12), (13), and (14).

(d) Whenever necessary to assure adequate publicity and widespread participation, DOE may publish a copy or notice of the solicitation in trade and professional journals and in newspapers, and may mail copies or notices directly to potential applicants.

(e) In any solicitation issued under this section, DOE reserves the right to award financial assistance to any, all, or none of the applicants.

§ 417.7 Debriefing.

Upon the written request of an applicant whose application has been disapproved, DOE may schedule a telephone conference or a meeting for the purpose of explaining why the applicant's project was not approved for assistance under this part. Such debriefing must be requested within 30 days after date of the written notification of DOE disapproval.

§ 417.8 Property.

Unless otherwise provided in the assistance agreement, title to wind datagathering equipment and to all large wind energy systems acquired with financial assistance provided under this part shall vest in the recipient without any further accountability to the Federal government. This section does not affect the obligation of the recipient to comply with the monitoring and reporting requirements of § 417.26 and the visitation requirement of § 417.27.

Subpart B-Financial Assistance for Large Wind Energy Systems

§ 417.21 Scope.

This subpart sets forth special procedures and requirements governing the application and award of financial assistance for the purchase and installation of large wind energy systems, as well as data-gathering and reporting on operation and maintenance of such systems.

§ 417.22 Funding limitation.

Except as otherwise provided by statute enacted subsequent to issuance of these rules,

(a) Before October 1, 1986, the amount of DOE assistance awarded under this subpart may not exceed 50 percent of total allowable project costs; and

(b) After September 30, 1986, the amount of DOE assistance awarded under this subpart may not exceed 25 percent of total allowable project costs.

§ 417.23 Application requirements.

An application for financial assistance to purchase and install a large wind energy system shall include the following:

(a) A project description which includes a feasibility study containing the following elements—

(1) A wind resource assessment based on reliable wind speed data collected and recorded, at the proposed site, by an acceptable method and for a minimum period of time which are specified in the program solicitation;

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