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Definition of Nonrecourse Project-Financed
This regulation defines 'nonrecourse project-financed' under the Clean Air Act Amendments of 1990 for identifying new independent power production facilities. Nonrecourse project-financed means debt is secured by facility assets and revenues (including electric output sales), with electric utilities having no repayment obligation. Limited guarantees and cost overrun commitments do not disqualify a facility provided the borrower's primary repayment obligation derives from facility revenues. Fully equity-financed projects also qualify.
Administrative False Claims and Procedures
This regulation implements the Program Fraud Civil Remedies Act of 1986, establishing administrative procedures for the Department of Energy to impose civil penalties and assessments against persons who submit false, fictitious, or fraudulent claims or statements. It defines key terms such as claims, statements, and benefits, and specifies the roles of Administrative Law Judges and investigating officials in the enforcement process.
Procedural Rules for the Assessment of Civil Penalties for Classified Information Security Violations
This regulation establishes procedural rules for assessing civil penalties against DOE contractors and subcontractors who violate classified information security requirements, including safeguarding of Restricted Data and national security information. Civil penalties may reach $187,668 per violation. The rules apply to entities with DOE contracts entered after October 5, 1999, but exclude individual employees and cap total penalties to annual DOE fees for certain entities.
Air Transportation of Plutonium
10 CFR Part 871 authorizes the DOE Deputy Administrator for Defense Programs to permit air transportation of plutonium under national security and public health exemptions. Air shipments are allowed for atomic weapons development, international defense cooperation, and emergency response when air transport is necessary due to security concerns, safety considerations, item preservation, or to prevent harm to national security. All authorizations must be recorded and reported to NNSA within 24 hours.
Conduct of Employees and Former Employees
10 CFR Part 1010 establishes ethical conduct standards for Department of Energy employees and former employees. It requires DOE employees to comply with executive branch ethical conduct, financial disclosure, and employee responsibility regulations; mandates reporting of fraud, waste, abuse, and corruption to the Inspector General; and sets procedures for former executive branch employees to communicate scientific or technological information to DOE under post-employment conflict-of-interest exemptions.
Nuclear Safety Management
10 CFR Part 830 establishes nuclear safety management requirements for DOE contractors, personnel, and other parties conducting activities affecting DOE nuclear facility safety. It excludes NRC-licensed activities, Naval Nuclear Propulsion operations, DOT-regulated transportation, nuclear waste activities, and space-based nuclear systems. The regulation defines key safety concepts including documented safety analyses, hazard categories, criticality, technical safety requirements, and administrative controls, applying a graded approach to compliance proportional to facility hazards and mission.
Trespassing on Department of Energy Property
This regulation prohibits unauthorized entry onto Department of Energy facilities and properties, and bars the carrying or introduction of weapons, explosives, or dangerous materials onto such premises. Violations of trespass or unauthorized introduction of dangerous items are punishable by fines up to $5,000 for basic infractions, or up to $100,000 and one year imprisonment for violations involving enclosed structures. DOE must post notices at facility entrances and perimeters.
Records Maintained on Individuals (Privacy Act)
10 CFR Part 1008 implements the Privacy Act of 1974 for the Department of Energy, establishing procedures for maintaining and handling records about individuals across all DOE divisions, FERC personnel records maintained by DOE, and DOE contractors. The regulation defines key terms and lists DOE locations subject to these privacy requirements.
Chronic Beryllium Disease Prevention Program
10 CFR Part 850 establishes a Chronic Beryllium Disease Prevention Program for DOE offices, contractors, and workers at DOE facilities with beryllium exposure. The rule defines key terms including action levels, authorized persons, beryllium workers, and emergency conditions, and specifies worker protection provisions for airborne beryllium concentrations. It supplements the worker safety program under 10 CFR Part 851 and applies to all DOE activities involving beryllium exposure, except articles and certain laboratory operations.
Human Reliability Program
10 CFR Part 712 establishes the Human Reliability Program for DOE and NNSA to ensure individuals with access to nuclear materials, explosives, and facilities meet high standards of reliability and suitability. The program applies continuous evaluation to DOE/NNSA employees and contractors in designated positions, assessing conditions affecting judgment including substance abuse, mental/physical disorders, and security concerns.
Statement of Organization and General Information
General Domestic Licenses for Byproduct Material
Protection of Human Subjects
10 CFR Part 745 establishes the Federal Policy for the Protection of Human Subjects, applying to all federally-conducted, supported, or regulated research involving human subjects. Department heads determine coverage and may grant waivers consistent with Belmont Report principles. The policy permits equivalent foreign procedures and does not supersede state, local, tribal, or foreign laws providing additional protections.
Consent for Access to Information on Department of Energy Computers
This regulation establishes minimum requirements for individuals accessing Department of Energy computers, mandating written consent acknowledging no expectation of privacy and permitting authorized investigative agency access during employment and for three years thereafter. DOE contractors must obtain and maintain written acknowledgments from employees and subcontractor employees before granting computer access.
Licenses, Certifications, and Approvals for Nuclear Power Plants
Material Control and Accounting of Special Nuclear Material
Licensing Requirements for Land Disposal of Radioactive Waste
Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste
Allegations of Research Misconduct
10 CFR Part 733 establishes Department of Energy policy for handling allegations of research misconduct in federally funded research. Research misconduct is defined as fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, excluding honest error. DOE Elements must consult with the Office of the Inspector General upon receiving allegations and implement misconduct requirements in contracts and financial assistance agreements.
Yucca Mountain Site Suitability Guidelines
10 CFR Part 963 establishes DOE methods and criteria for determining whether the Yucca Mountain site is suitable as a geologic repository for nuclear waste. The regulation defines key terms including applicable radiation protection standards for preclosure and postclosure periods, barriers to prevent radionuclide movement, engineered barrier systems, and design requirements for isolating waste from the accessible environment.
Safeguards on Nuclear Material—Implementation of Safeguards Agreements Between the United States and the International Atomic Energy Agency
Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
Agency Rules of Practice and Procedure
Uranium Enrichment Decontamination and Decommissioning Fund; Procedures for Special Assessment of Domestic Utilities
This regulation establishes procedures for assessing domestic utilities that purchased uranium enrichment separative work units (SWUs) from the Department of Energy between 1945 and October 23, 1992. Utilities are assessed annually based on their proportional share of DOE-produced SWUs, with assessments funding the Uranium Enrichment Decontamination and Decommissioning Fund under the Atomic Energy Act.
Claims for Patent and Copyright Infringement
10 CFR Part 782 establishes procedures for the Department of Energy to investigate, settle, and dispose of patent and copyright infringement claims. Claimants must submit written claims with allegations of infringement, compensation requests, patent/copyright citations, identification of allegedly infringing items or processes, and supporting documentation. The General Counsel is authorized to investigate and administratively resolve claims before litigation.
Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations
Reporting of Defects and Noncompliance
Specific Domestic Licenses of Broad Scope for Byproduct Material
Public Records
Criteria and Procedures for Determining Eligibility for Access to or Control over Special Nuclear Material
Restrictions on Aircraft Landing and Air Delivery at Department of Energy Nuclear Sites
10 CFR Part 862 prohibits aircraft landing, air delivery, and aircraft operations at DOE nuclear sites, with limited exceptions for federal government, state/local law enforcement, and emergency landings. The rule defines applicable aircraft types, designated sites, and procedures for removal of downed aircraft. Violations may result in criminal penalties under the Atomic Energy Act.
Collection of Claims Owed the United States
This regulation establishes Department of Energy procedures for collecting claims and debts owed to the United States, implementing federal debt collection standards from 31 CFR parts 900-904. It defines debt and delinquency, prescribes standards for administrative collection and compromise activities, and authorizes DOE to pursue remedies including administrative offset, wage garnishment, and litigation referral to the Department of Justice under the Debt Collection Improvement Act of 1996.
Contractor Legal Management Requirements
10 CFR Part 719 establishes legal management requirements for Department of Energy contractors. Contractors must develop a Legal Management Plan documenting their use of outside counsel, selection criteria for law firms, and engagement terms. The regulation governs payment and reimbursement of legal costs, including litigation, alternative dispute resolution, and related professional services for covered DOE contracts.
Power and Transmission Rates
10 CFR Part 903 establishes procedures for public participation in power and transmission rate adjustments by four federal Power Marketing Administrations (Alaska, Southeastern, Southwestern, and Western Area). The regulations define rate development processes, public consultation requirements, Secretary interim approval, and FERC submission, distinguishing minor adjustments (under 1% revenue change or systems with low capacity/sales) from major adjustments requiring full public participation.
Official Seal and Distinguishing Flag
This regulation prescribes the official seal and distinguishing flag of the Department of Energy, detailing their design, custody, and authorized uses. The seal features a green shield with a gold lightning bolt and symbolic energy technology representations (sun, atom, oil derrick, windmill, dynamo) beneath an eagle crest on a blue field. The Secretary or designees may affix replicas, reproductions, and embossing seals to documents, certifications, and materials for authorized purposes including display in DOE facilities, official awards, and audiovisual media.
General Policy for Pricing and Charging for Materials and Services Sold by DOE
10 CFR Part 1009 establishes DOE's pricing policy for materials and services sold to non-federal entities. Prices are generally set at full cost (direct plus allocable costs), with exceptions allowing commercial rates or lower prices for byproduct materials. The regulation defines cost accounting terms and applies to all DOE elements except FERC.
Fitness for Duty Programs
Requirements for Renewal of Operating Licenses for Nuclear Power Plants
Implementing Voluntary Agreements Under the Defense Production Act
This regulation implements section 708 of the Defense Production Act, allowing the Secretary of Energy to approve voluntary agreements with domestic nuclear energy companies to develop preparedness programs and expand productive capacity for national defense. Agreements require written Secretary approval and Attorney General clearance, expire after 5 years unless renewed, and void any conflicting provisions.
Occupational Radiation Protection
10 CFR Part 835 establishes occupational radiation protection standards and limits for DOE activities to protect workers from ionizing radiation. The regulation defines scope, exclusions (NRC-licensed activities, naval reactors, medical uses, foreign territory operations), and requires compliance with occupational dose limits. Key concepts include accountable sealed sources, airborne radioactivity, and ALARA principles for minimizing radiation exposure.
Administrative Remedies for False Claims and Statements
Safeguarding of Restricted Data by Access Permittees
10 CFR Part 1016 establishes requirements for safeguarding Secret and Confidential Restricted Data by access permittees under DOE oversight. The regulation defines four access authorization levels (Q, Q(X), L, L(X)) based on background investigation requirements and specifies which classifications and data types individuals may access based on need-to-know and national security considerations. Top Secret information is excluded from this regulation.