PARTS 200-201-[RESERVED]

PART 202-PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

Subpart A-[Reserved]

Subpart B-Production or Disclosure in Response to Subpoenas or Demands of Courts or Other Authorities

202.21 Purpose and scope.

202.22 Production or disclosure prohibited unless approved by appropriate DOE official.

202.23 Procedure in the event of a demand for production or disclosure. 202.24 Final action by the appropriate DOE official.

202.25 Procedure where a decision concern

ing a demand is not made prior to the time a response to the demand is required.

202.26 Procedure in the event of an adverse

ruling.

AUTHORITY: Freedom of Information Act, 5 U.S.C. 552; Emergency Petroleum Allocation Act of 1973, Pub. L. 93-159; Federal Energy Administration Act of 1974, Pub. L. 93-275, E.O. 11790, 39 FR 23185.

Subpart A-[Reserved]

Subpart B-Production or Disclosure in Response to Subpoenas or Demands of Courts or Other Authorities

SOURCE: 39 FR 35472, Mar. 13, 1974, unless otherwise noted.

§ 202.21 Purpose and scope.

(a) This subpart sets forth the procedures to be followed when a subpoena, order, or other demand (hereinafter referred to as a "demand") of a court or other authority is issued for the production or disclosure of (1) any material contained in the files of the Department of Energy (DOE), (2) any information relating to material contained in the files of the DOE, or (3) any information or material acquired by any person while such person was an employee of the DOE as a part of the

performance of his official duties or because of his official status.

(b) For purposes of this subpart, the term "Employee of the DOE" includes all officers and employees of the United States appointed by, or subject to the supervision, jurisdiction, or control of, the Administrator of DOE.

§ 202.22 Production or disclosure prohibited unless approved by appropriate DOE official.

No employee or former employee of the DOE shall, in response to a demand of a court or other authority, produce any material contained in the file of the DOE or disclose any information relating to material contained in the files of the DOE, or disclose any information or produce any material acquired as part of the performance of his official duties or because of his official status without prior approval of the General Counsel of DOE.

§ 202.23 Procedure in the event of a demand for production or disclo

sure.

(a) Whenever a demand is made upon an employee or former employee of the DOE for the production of material or the disclosure of information described in § 202.21(a), he shall immediately notify the Regional Counsel for the region where the issuing authority is located. The Regional Counsel shall immediately request instructions from the General Counsel of DOE.

(b) If oral testimony is sought by the demand, an affidavit, or, if that is not feasible, a statement by the party seeking the testimony or his attorney, setting forth a summary of the testimony desired, must be furnished for submission by the Regional Counsel to the General Counsel.

§ 202.24 Final action by the appropriate DOE official.

If the General Counsel approves a demand for the production of material or disclosure of information, he shall so notify the Regional Counsel and such other persons as circumstances may warrant.

§ 202.25 Procedure where a decision concerning a demand is not made prior to the time a response to the demand is required.

If response to the demand is required before the instructions from the General Counsel are received, a U.S. attorney or DOE attorney designated for the purpose shall appear with the employee or former employee of the DOE upon whom the demand has been made, and shall furnish the court or other authority with a copy of the regulations contained in this subpart and inform the court or other authority that the demand has been, or is being, as the case may be, referred for the prompt consideration of the appropriate DOE official and shall respectfully request the court or authority to stay the demand pending receipt of the requested instructions.

§ 202.26 Procedure in the event of an adverse ruling.

If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with § 202.25 pending receipt of instructions, of if the court or other authority rules that the demand must be complied with irrespective of instructions not to produce the material or disclose the information sought, the employee or former employee upon whom the demand has been made shall respectfully decline to comply with the demand. "United States ex rel Touhy v. Ragen," 340 U.S. 462.

205.190 Purpose and scope.

205.191 [Reserved]

205.192 Proposed remedial order. 205.192A Burden of proof.

205.193 Notice of Objection.

205.193A Submission of ERA supplemental

information.

205.194 Participants; official service list. 205.195 Filing and service of all submissions. 205.196

Statement of objections.

205.197 Response to statement of objections;

reply.

205.198 Discovery.

205.198A Protective order.

205.199 Evidentiary hearing.

205.199A Hearing for the purpose of oral argument only.

205.199B Remedial order.

Appeals of remedial order to FERC.

[Reserved]

Ex parte communications.

205.199C

205.199D-205.199E

205.199F

205.199G

cillary Orders.

Extension of time; Interim and An

REPORT OF MAJOR ELECTRIC UTILITY SYSTEM EMERGENCIES

205.350 General purpose.

205.351 Reporting requirements. 205.352 Information to be reported. 205.353 Special investigation and reports. EMERGENCY INTERCONNECTION OF ELECTRIC FACILITIES AND THE TRANSFER OF ELECTRICITY ΤΟ ALLEVIATE AN EMERGENCY SHORTAGE OF ELECTRIC POWER 205.370 Applicability. 205.371

Definition of emergency.

205.372 Filing procedures; number of copies. 205.373 Application procedures.

205.374 Responses from "entities" des

ignated in the application.

205.375 Guidelines defining inadequate fuel or energy supply.

205.376 Rates and charges. 205.377 Reports.

205.378 Disconnection of temporary facilities.

205.379 Application for approval of the installation of permanent facilities for emergency use only.

AUTHORITY: Emergency Petroleum Allocation Act of 1973, Pub. L. 93-159; Federal Energy Administration Act of 1974, Pub. L. 93275 (88 Stat. 96; E.O. 11790, 39 FR 23185); 42 U.S.C. 7101 et seq., unless otherwise noted.

SOURCE: 39 FR 35489, Oct. 1, 1974, unless otherwise noted.

Subpart A General Provisions

§ 205.1 Purpose and scope.

This part establishes the procedures to be utilized and identifies the sanctions that are available in proceedings before the Department of Energy and State Offices, in accordance with parts 209 through 214 of this chapter. Any exception, exemption, appeal, stay, modification, recession, redress or resolution of private grievance sought under the authority of 42 U.S.C. 7194 shall be governed by the procedural rules set forth in 10 CFR part 1003.

[61 FR 35114, July 5, 1996]

$205.2 Definitions.

The definitions set forth in other parts of this chapter shall apply to this part, unless otherwise provided. In addition, as used in this part, the term:

Action means an order, interpretation, notice of probable violation or ruling issued, or a rulemaking undertaken by the DOE or, as appropriate, by a State Office.