the integrity of DOE's decision making process, to insure that DOE programs and policies are developed and implemented in an open atmosphere, and to promote public confidence in DOE. [39 FR 35489, Oct. 1, 1974, as amended at 40 FR 42339, Sept. 12, 1975] § 204.2 Definitions. As used in this part (a) "Appeal" means a request for further view of an order or interpretation, or of any action taken in response to an application. (b) "Application" means a request for an exception, exemption, assignment or adjustment, modification or recision, or stay. (c) "Enforcement proceeding" means a proceeding relating to the preparation and issuance by DOE of notices of probable violation or remedial orders. (d) "DOE" means the Department of Energy. (e) "Noninvolved persons" means a person with whom contact would normally not be made in the routine processing by DOE personnel of an application, interpretation request, petition for special redress, appeal, investigation or enforcement proceeding and includes, but is not limited to, a Member of Congress or his staff, an employee or official of another government agency or of the Executive Branch, and any other person in public or private life not directly involved in the matter. It does not include an official or employee of DOE, or a person from outside the agency with whom an employee would be expected routinely to communicate in the normal course of processing the matter, including but not limited to, the applicant, the person requesting an interpretation, an appellant, a petitioner for special redress, a person under investigation, an informant in an investigation, a person charged with a violation, a party or witness to a proceeding or the attorney representing such persons. (f) "Person from outside the agency" means a person not employed by DOE or detailed to DOE by another Federal agency. (g) "Petition for special redress" means a "Petition for Special Redress and Other Relief" filed with the DOE Office of Private Grievances and Redress pursuant to section 21 of the Federal Energy Administration Act and Part 205 of this chapter. [39 FR 35489, Oct. 1, 1974] § 204.3 Preparation of record of outside contact forms. a (a) All DOE employees in grades GS-11 and above shall prepare "Record of Outside Contact Form" ("Record Form") on each oral communication received (in person, by telephone or otherwise) from a non-involved person expressing an opinion or viewpoint on a specific application, interpretation request, appeal, petition for redress, investigation, or enforcement proceeding pending before DOE: Provided, That no Record Form shall be prepared for routine requests for information concerning the status of a matter, including, but not limited to, inquiries regarding when DOE actions were or may be taken, the identity of parties or staff personnel responsible for a matter, or the availability and location of public information concerning a matter. (b) The form set forth below, entitled "Record of Outside Contact Form," shall be used in complying with the provisions of paragraph (a) of this section. RECORD OF OUTSIDE CONTACT (Identity of Application. Petition for Redress. Appeal, Interpretation Request, Investigation or Enforcement Proceeding Involved) Name of Communicant Date and time of Communication Completed by: (c) Completed Record Forms shall be placed in the appropriate subject matter or case file and shall thereafter become part of the public record, if and when a public record of that particular matter is established. If the communication concerns an appeal before the Office of Exceptions and Appeals, the completed Record Form shall be immediately transmitted to the Office where it shall be placed in the appropriate application or enforcement proceeding file: Provided, however, That such Record Forms shall be maintained separately from the materials upon which the Review Committee may rely in reaching a final decision. [39 FR 35489, Oct. 1, 1974, as amended at 40 FR 42339, Sept. 12, 1975] § 204.5 Public record of meetings. (a)(1) Within one week after the 15th and the end of each month, the Administrator, each Deputy Administrator, each Assistant Administrator, each Deputy Assistant Administrator, each Office Director, each Deputy Office Director, the General Counsel, each Deputy General Counsel and every DOE official who has received a notice duly issued and effective pursuant to paragraph (a)(2) of this section shall submit to the Office of Public Affairs a list of all meetings that have occurred between such person and persons from outside the agency during the preceding half-month period. The list shall contain the date and place of each meeting, the names of all participants, the entities represented, and the general subject discussed. (2) Any Assistant Administrator or Office Director or the General Counsel may, if he determines that the purpose of this part would be served thereby, require any Associate Assistant Administrator, Assistant Office Director or Assistant General Counsel under his respective supervision to submit a list of all meetings that have occurred between such person and persons from outside the agency, in accordance with the provisions of paragraph (a)(1) of this section. Such requirement shall be made by sending written notice to the affected DOE official and by filing a copy thereof with the Office of Public Affairs. Such re quirement shall be effective for the period specified in the notice and may be revoked by the issuing official or his successor at any time. (b) The Office of Public Affairs shall make the lists prepared pursuant to paragraph (a) of this section available to the public, upon request, in its Public Reference Room. In addition, the Office of Public Affairs shall distribute copies of the lists to interested parties on a regular basis. [39 FR 35489, Oct. 1, 1974, as amended at 40 FR 42339, Sept. 12, 1975] 205.281 Petition for implementation of spe- 205.282 Evaluation of petition by the Office of Hearings and Appeals. 205.283 Applications for refund. 205.284 Processing of applications. 205.285 Effect of failure to file a timely ap- 205.286 Limitations on amount of refunds. EDITORIAL NOTE: Regulations in this part Subpart A-General Provisions § 205.1 Purpose and scope. This part establishes the procedures § 205.2 Definitions. The definitions set forth in other “Action” means an order, interpreta- "Adjustment" means a modification ter. means "Aggrieved", for purposes of admin- "Appropriate Regional Office or ap- "Assignment" means an action desig- including any acts which DOE could "Duly authorized representative" "EPAA" means the Emergency Pe- "EPCA" means the Energy Policy "Exemption" means the release "DOE" means the Department of "FEAA" means the Federal Energy "Federal legal holiday" means New "Interpretation" means a written "Notice of probable violation" means |