10 C.F.R. § 205.2

Definitions

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

The definitions set forth in other parts of this chapter shall apply to this part, unless otherwise provided. In addition, as used in this part, the term:

Action means an order, interpretation, notice of probable violation or ruling issued, or a rulemaking undertaken by the DOE or, as appropriate, by a State Office.

Adjustment means a modification of the base period volume or other measure of allocation entitlement in accordance with part 211 of this chapter.

Aggrieved, for purposes of administrative proceedings, describes and means a person with an interest sought to be protected under the FEAA, EPAA, or Proclamation No. 3279, as amended, who is adversely affected by an order or interpretation issued by the DOE or a State Office.

Appropriate Regional Office or appropriate State Office means the office located in the State or DOE region in which the product will be physically delivered.

Assignment means an action designating that an authorized purchaser be supplied at a specified entitlement level by a specified supplier.

Conference means an informal meeting, incident to any proceeding, between DOE or State officials and any person aggrieved by that proceeding.

Consent order means a document of agreement between DOE and a person prohibiting certain acts, requiring the performance of specific acts or including any acts which DOE could prohibit or require pursuant to § 205.195.

Duly authorized representative means a person who has been designated to appear before the DOE or a State Office in connection with a proceeding on behalf of a person interested in or aggrieved by that proceeding. Such appearance may consist of the submission of applications, petitions, requests, statements, memoranda of law, other documents, or of a personal appearance, verbal communication, or any other participation in the proceeding.

EPAA means the Emergency Petroleum Allocation Act of 1973 (Pub. L. 93-159).

EPCA means the Energy Policy and Conservation Act (Pub. L. 94-163).

Exception means the waiver or modification of the requirements of a regulation, ruling or generally applicable requirement under a specific set of facts.

Exemption means the release from the obligation to comply with any part or parts, or any subpart thereof, of this chapter.

DOE means the Department of Energy, created by the FEAA and includes the DOE National Office and Regional Offices.

FEAA means the Federal Energy Administration Act of 1974 (Pub. L. 93-275).

Federal legal holiday means New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, and any other day appointed as a national holiday by the President or the Congress of the United States.

Interpretation means a written statement issued by the General Counsel or his delegate or Regional Counsel, in response to a written request, that applies the regulations, rulings, and other precedents previously issued, to the particular facts of a prospective or completed act or transaction.

Notice of probable violation means a written statement issued to a person by the DOE that states one or more alleged violations of the provisions of this chapter or any order issued pursuant thereto.

Order means a written directive or verbal communication of a written directive, if promptly confirmed in writing, issued by the DOE or a State Office. It may be issued in response to an application, petition or request for DOE action or in response to an appeal from an order, or it may be a remedial order or other directive issued by the DOE or a State Office on its own initiative. A notice of probable violation is not an order. For purposes of this definition a “written directive” shall include telegrams, telecopies and similar transcriptions.

Person means any individual, firm, estate, trust, sole proprietorship, partnership, association, company, joint-venture, corporation, governmental unit or instrumentality thereof, or a charitable, educational or other institution, and includes any officer, director, owner or duly authorized representative thereof.

Proceeding means the process and activity, and any part thereof, instituted by the DOE or a State Office, either on its own initiative or in response to an application, complaint, petition or request submitted by a person, that may lead to an action by the DOE or a State Office.

Remedial order means a directive issued by the DOE requiring a person to cease a violation or to eliminate or to compensate for the effects of a violation, or both.

Ruling means an official interpretative statement of general applicability issued by the DOE General Counsel and published in the Federal Register that applies the DOE regulations to a specific set of circumstances.

State Office means a State Office of Petroleum Allocation certified by the DOE upon application pursuant to part 211 of this chapter.

Throughout this part the use of a word or term in the singular shall include the plural and the use of the male gender shall include the female gender.

(Emergency Petroleum Allocation Act of 1973, Pub. L. 93-159, as amended, Pub. L. 93-511, Pub. L. 94-99, Pub. L. 94-133, Pub. L. 94-163, and Pub. L. 94-385; Federal Energy Administration Act of 1974, Pub. L. 93-275, as amended, Pub. L. 94-385; Energy Policy and Conservation Act, Pub. L. 94-163, as amended, Pub. L. 94-385; E.O. 11790, 39 FR 23185; Department of Energy Organization Act, Pub. L. 95-91; E.O. 12009, 42 FR 46267) [39 FR 35489, Oct. 1, 1974, as amended at 40 FR 36555, Aug. 21, 1975; 40 FR 36761, Aug. 22, 1975; 41 FR 36647, Aug. 31, 1976; 43 FR 14437, Apr. 6, 1978]

Notes of Decisions

Cited in 11 cases, 1974–1985 · leading case: Pennzoil Co. v. United States Dep't of Energy, 680 F.2d 156 (Temp. Emerg. Ct. App. 1982).

Sort: Relevance Newest Treatment

Pennzoil Co. v. United States Dep't of Energy, 680 F.2d 156 (Temp. Emerg. Ct. App. 1982). “” 10 C.F.R. § 205.2 . . “ ‘Ruling’ means an official interpretative statement of general applicability issued by the DOE General Counsel and published in the Federal Register that applies the DOE regulations to a specific set of circumstances.”

Atl. Richfield Co. v. Fed. Energy Admin., 556 F.2d 542 (Temp. Emerg. Ct. App. 1977). “The general provisions of the same procedural section define an “Interpretation” as “a written statement issued by the FEA General Counsel or a Regional Counsel, in response to a written request, that applies the regulations, rulings and other precedents previously issued by the…”

Brennan Petroleum P. Co., Inc. v. Pasco Petroleum Co., Inc., 373 F. Supp. 1312 (D. Ariz. 1974). “There is no assurance in the regulations that a swift initial decision would be forthcoming, however. See Id.”

Atl. Richfield Co. v. United States Dep't of Energy, 618 F. Supp. 1199 (D. Del. 1985). “Accordingly, distribution of such refunded overcharge requires that only those “persons" (as defined at 10 CFR 205.2) who actually suffered a loss as a result of the transactions described in the Consent Order receive appropriate refunds.”

Coastal States Gas Corp. v. Dep't of Energy, 495 F. Supp. 1300 (D. Del. 1980). “10 C.F.R. § 205.2 . Inclusion of the customers, it is urged, was therefore a violation by DOE of its own regulations.”

Bonnaffons v. United States Dep't of Energy, 646 F.2d 548 (Temp. Emerg. Ct. App. 1981). “See generally 10 C.F.R. § 205.2 which provides in pertinent part: “Exception means the waiver or modification of the requirements of a regulation, ruling or generally applicable requirement under a specific set of facts.”

Pennzoil Co. v. Dep't of Energy, 480 F. Supp. 1126 (D. Del. 1979). “Pennzoil fails to state that “proceedings” was defined elsewhere in the regulations to include only those enforcement actions which were undertaken administratively by the DOE, 10 C.F.R. § 205.2 , 39 Fed.Reg. 32262, 32264, supra, and that elsewhere in Part 205 the DOE reaffirmed…”

Christmann & Welborn v. Dep't of Energy, 773 F.2d 317 (Temp. Emerg. Ct. App. 1985). “15, 1973), recodified, 10 C.F.R. § 205.2 . The Supreme Court has recently held that “when the Government is unable to enforce the law because the conduct of its agents has given rise to an estoppel, the interest of the citizenry as a whole in obedience to the rule of law is…”

United States v. Gulf Oil Corp., 408 F. Supp. 450 (W.D. Pa. 1975). “” [Emphasis supplied] They also note that FEA regulations, 10 C.F.R. § 205.2 , include “companies” in their definition of the word “person”.”

Bonnaffons v. United States Dep't of Energy, 492 F. Supp. 1276 (D.D.C. 1980). “84-85 (1977) (Conference Report), reprinted in [1977] U.S.Code Cong. & Admin.”

Bonnaffons v. United States Dept. of Energy, 492 F. Supp. 1276 (D.D.C. 1980). “925, 955-56; S.Rep.No.1119, 94th Cong., 2d Sess. 60 (1976) (Conference Report), reprinted in [1976] U.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.