[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: 10CFR216.6]

[Page 69-70]
 
                            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. 216.6  Petition for reconsideration.

    If DOE, after evaluating an application in accordance with Sec. 
216.4, does not determine that the energy program or project maximizes 
domestic energy supplies or does not find that the supplies of materials 
and equipment described in the application are critical and essential to 
an eligible energy program or project, it will so notify the applicant 
and the applicant may petition DOE for reconsideration. If DOE concludes 
at any time that findings previously made are no longer valid and should 
be withdrawn, DOE will so notify the affected applicant(s), and such 
applicant(s) may petition DOE for reconsideration of the withdrawal 
decision. Such a petition is deemed accepted when received by DOE at the 
address stated in Sec. 216.8. DOE will consider the petition for 
reconsideration and either grant or deny the relief requested. Written 
notice of the decision and of the reasons for the decision will be 
provided to the applicant. There has not been an exhaustion of 
administrative remedies until a petition for reconsideration has been 
submitted and the review procedure completed by grant or denial of the 
relief requested.

[[Page 70]]

The denial of relief requested in a petition for reconsideration is a 
final administrative decision.

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