[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR216.4]

[Page 68-69]
 
                            TITLE 10--ENERGY
 
                    CHAPTER II--DEPARTMENT OF ENERGY
 
PART 216_MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS 
OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES--Table of Contents
 
Sec. 216.4  Evaluation by DOE of applications.

    (a) Based on the information provided by the applicant and other 
available information, DOE will assess the application and (1) determine 
whether or not the energy program or project in connection with which 
the application is made maximizes domestic energy supplies and should be 
designated an eligible energy program or project and (2) find whether 
the described supplies of materials and equipment are critical

[[Page 69]]

and essential to the eligible energy program or project.
    (b) In determining whether the program or project referred to in the 
application should be designated an eligible energy program or project, 
DOE will consider all factors which it considers relevant including, but 
not limited to, the following:
    (1) Quantity of energy involved;
    (2) Benefits of timely energy program furtherance or project 
completion;
    (3) Socioeconomic impact;
    (4) The need for the end product for which the materials and 
equipment are allegedly required; and
    (5) Established national energy policies.
    (c) In findings whether the supplies of materials or equipment 
described in the application are critical and essential to an eligible 
energy program or project, DOE will consider all factors which it 
considers relevant including, but not limited to, the following:
    (1) Availability and utility of substitute materials or equipment; 
and
    (2) Impact of the nonavailability of the specific supplies of 
materials and equipment on the furtherance or timely completion of the 
approved energy program or project.
    (d) Increased costs which may be associated with obtaining materials 
or equipment without assistance shall not be considered a valid reason 
for finding the materials and equipment to be critical and essential.
    (e) After DOE has determined a program or project to be an eligible 
energy program or project, this determination shall be deemed made with 
regard to subsequent applications involving the same program or project 
unless and until DOE announces otherwise.