[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: 10CFR216.5]

[Page 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. 216.5  Notification of findings.

    (a) DOE will notify the DOC if it finds that supplies of materials 
and equipment, for which an applicant requested assistance, are critical 
and essential to an eligible energy program or project, and in such 
cases will forward to the DOC the application and whatever information 
or comments DOE believes appropriate. If DOE believes at any time that 
findings previously made may no longer be valid, it will immediately 
notify the DOC and the affected applicant(s) and afford such 
applicant(s) an opportunity to show cause why such findings should not 
be withdrawn.
    (b) If DOC notifies DOE that DOC has found that supplies of 
materials and equipment, for which the applicant requested assistance, 
are scarce and that the related eligible energy program or project 
cannot reasonably be accomplished without exercising the authority 
specified in DPA section 101(c)(1), DOE will notify the applicant that 
the applicant is authorized to place rated orders and/or authorized 
controlled material orders for specific supplies of materials and 
equipment pursuant to the provisions of the DPAS Regulation, as 
promulgated by the Department of Commerce.

[43 FR 6212, Feb. 14, 1978, as amended at 51 FR 8312, Mar. 11, 1986]