(a) General applicability.

(1) Pursuant to section 708 of the Defense Production Act of 1950, as amended (50 U.S.C. 4558), the Secretary of Energy (or the appropriate official identified under 50 U.S.C. 4558(c)(2)), as delegated by the President, may consult with representatives of industry, business, financing, agriculture, labor, or other interests, and may approve the making of voluntary agreements and plans of action to help provide for the defense of the United States by developing preparedness programs and expanding productive capacity and supply beyond levels needed to help provide for the national defense.

(2) Implementation of this part shall conform to the provisions provided under section 708 of the Defense Production Act (DPA) of 1950, as amended (50 U.S.C. 4558).

(b) Secretary of Energy (or the appropriate delegated Department of Energy official).

(1) As used in this part, Secretary of Energy (or the appropriate delegated Department of Energy official) is the Secretary of Energy or a Department of Energy official who is delegated with the responsibility of overseeing a voluntary agreement who, pursuant to a delegation or redelegation of the functions given to the President by section 708 of the Defense Production Act of 1950, as amended, proposes or otherwise provides for the development or carrying out of a voluntary agreement and plans of action.

(2) In the context of energy-related issues, the use of voluntary agreements and plans of action, as authorized by section 708 of the DPA to help provide for the defense of the United States through the development of preparedness programs, is an activity coordinated by the Secretary of Energy (or the appropriate delegated Department of Energy official), as provided by Executive Order 13603, Section 403 and Executive Order 14302, Section 3.

(3) The Secretary of Energy (or the appropriate delegated Department of Energy official) shall carry out functions overseeing a voluntary agreement and plan of action.

(c) Implementation. This part applies to the development and carrying out under section 708 of the DPA, as amended, of all voluntary agreements and plans of action developed with domestic nuclear energy companies pursuant to the Secretary's authority under Executive Order 13603, Section 403.

(d) Rules. The rules in this part void any provision of a voluntary agreement to which they apply, if that provision is contrary to or inconsistent with them. Each voluntary agreement shall be construed as containing every substantive provision that these rules require, whether or not a particular provision is included in the agreement.

(e) Commencement of agreements.

(1) A voluntary agreement or plan of action may not become effective unless and until—

(i) The Secretary of Energy (or the appropriate delegated Department of Energy official) approves the voluntary agreement or plan of action and certifies, in writing, that the agreement or plan is necessary to carry out the purposes of section 708(c)(1) of the DPA and submits a copy of such agreement to the Congress; and

(ii) The Attorney General (after consultation with the Chairman of the Federal Trade Commission) finds, in writing, that such purpose may not reasonably be achieved through a voluntary agreement or plan of action having less anticompetitive effects or without any voluntary agreement or plan of action and publishes such finding in the Federal Register.

(2) Each voluntary agreement or plan of action that becomes effective under paragraph (e)(1) of this section shall expire 5 years after the date it becomes effective (and at 5-year intervals thereafter, as the case may be), unless (immediately prior to such expiration date) the Secretary of Energy (or the appropriate delegated Department of Energy official) and the Attorney General (after consultation with the Chairman of the Federal Trade Commission) make the certification or finding, as the case may be, described in paragraph (e)(1) of this section with respect to such voluntary agreement or plan of action and publish such certification or finding in the Federal Register, in which case, the voluntary agreement or plan of action may be extended for an additional period of 5 years.

(f) Advisory committees.

(1) Pursuant to section 708(d) of the DPA, the Secretary of Energy (or the appropriate delegated Department of Energy official) may establish such advisory committees as deemed to be necessary for developing or carrying out voluntary agreements or plans of action. The Attorney General and the Federal Trade Commission shall have adequate advance notice of any meeting and may have an official representative attend and participate in any such meeting. A full and complete verbatim transcript shall be kept of such advisory committee meetings, and shall be taken and deposited, together with any agreement resulting therefrom, with the Attorney General and the Federal Trade Commission. Such transcript and agreement shall be made available for public inspection and copying subject to the exemptions from disclosure provided under 5 U.S.C. 552(b)(1), (3), and (4). Such advisory committees shall comply with this part as well as with the requirements and procedures of the Federal Advisory Committee Act (Pub. L. 92-463, as amended).

(2) Notwithstanding any other provision of law, consistent with section 708(n) of the Defense Production Act of 1950 (50 U.S.C. 4558(n)), chapter 10 of Title 5 and any other provision of Federal law relating to advisory committees shall not apply to—

(i) the consultations referred to in 50 U.S.C. 4558(c)(1); or

(ii) any activity conducted under a voluntary agreement or plan of action approved pursuant to this section that complies with the requirements of 50 U.S.C. 4558 and this part.

(h) Plan of action. The term “plan of action” means any of 1 or more documented methods adopted by participants in an existing voluntary agreement to implement that agreement.

(i) Antitrust laws. The term “antitrust laws” has the same meaning given in 50 U.S.C. 4558(b)(1).

(j) Petitions. Interested persons may petition the Secretary of Energy for the issuance, amendment, or repeal of this rule.

(a) Finding by the President. Upon a finding by the President that conditions exist which may pose a direct threat to the national defense or its preparedness programs, the Secretary (or the appropriate delegated Department of Energy official) may consult with representatives of industry, business, financing, agriculture, labor, and other interests in order to provide for the making by such persons, with the approval of the Secretary (or the appropriate delegated Department of Energy official), of voluntary agreements and plans of action to help provide for the national defense.

(b) The Secretary and other Senate-confirmed appointees. The Secretary (or the appropriate delegated Department of Energy official) may engage in the activities described in paragraph (a) of this section so long as they:

(1) Are individuals who are appointed by and with the advice and consent of the Senate, or are holding offices to which they have been appointed by and with the advice and consent of the Senate;

(2) Consult with the Attorney General and with the Federal Trade Commission not less than ten days before consulting with any persons under paragraph (a) of this section; and

(3) Upon the condition that such individuals obtain the prior approval of the Attorney General, after consultation by the Attorney General with the Federal Trade Commission, to consult under paragraph (a) of this section.

(c) Delegations.

(1) The Secretary (or the appropriate delegated Department of Energy official) may further delegate tasks in developing voluntary agreements to an appropriate DOE officer working under the supervision of the Secretary (or the appropriate delegated Department of Energy official).

(2) The meetings held to develop the voluntary agreements shall be chaired by an individual as identified in paragraph (b) of this section and 50 U.S.C. 4558(c)(2) or by that person's delegate.

(a) Purpose and scope. This section establishes the standards and procedures by which voluntary agreements and plans of action may be developed through consultation, pursuant to section 708(c) of the Defense Production Act (DPA) of 1950.

(b) Proposal to develop an agreement.

(1) In cases where the Secretary of Energy (or the appropriate delegated Department of Energy official) wishes to develop a voluntary agreement or plan of action after conducting meetings also attended by the Attorney General (or the Attorney General's delegate) and the Chairman of the Federal Trade Commission (or the Chairman's delegate) to discuss the development of a voluntary agreement or plan of action, the Secretary of Energy (or the appropriate delegated Department of Energy official) shall submit to the Attorney General a document proposing the agreement. The proposal will include statements as to: The purpose of the agreement or plan of action; the factual basis for making the finding required in section 708(c)(1) of the DPA; the proposed participants in the agreement or plan of action; and any coordination with other Federal agencies accomplished in connection with the proposal.

(2) If the Attorney General, after consultation with the Chairman of the Federal Trade Commission, approves this proposal, the Secretary of Energy (or the appropriate delegated Department of Energy official) shall then initiate one or more meetings of interested persons to develop the agreement or plan of action.

(c) Conduct of meetings held to develop the agreement or plan of action.

(1) The parties participating in any voluntary agreement or plan of action shall provide to the Secretary of Energy (or the appropriate delegated Department of Energy official), the Attorney General, and the Chairman of the Federal Trade Commission adequate written notice of time, place, and nature of each meeting to develop a voluntary agreement. The Secretary of Energy (or the appropriate delegated Department of Energy official) shall also publish in the Federal Register notice of the time, place, and nature of each meeting at least seven days prior to the meeting.

(2) The Secretary of Energy (or the appropriate delegated Department of Energy official) shall chair each meeting held to develop a voluntary agreement. Both the Attorney General and the Chairman of the Federal Trade Commission, or their delegates, shall attend each of these meetings.

(3) Any interested person may attend a meeting held to develop a voluntary agreement, unless the Secretary of Energy (or the appropriate delegated Department of Energy official) limits attendance pursuant to § 821.6 of this part.

(4) Any interested person may, as set out in the relevant Federal Register meeting notice, submit written data and views concerning the proposed voluntary agreement, and at the discretion of the Chairman of the meeting, may be given the opportunity for oral presentation.

(d) Maintenance of records.

(1) The Secretary of Energy (or the appropriate delegated Department of Energy official) is responsible for the making of a full and verbatim transcript of each meeting. The Chairman of such meeting shall send this transcript, and any voluntary agreement resulting from the meeting, to the Attorney General, the Chairman of the Federal Trade Commission, the Secretary of Energy (or the appropriate delegated Department of Energy official), and any other party or repository required by law.

(2) The Secretary of Energy (or the appropriate delegated Department of Energy official) shall maintain each meeting transcript and voluntary agreement, and make them available for public inspection and copying to the extent required by § 821.6 of this part.

(e) Effectiveness of agreements. The following steps must occur before a new voluntary agreement or an extension of an existing agreement may become effective:

(1) The Secretary of Energy (or the appropriate delegated Department of Energy official) must approve the agreement and certify in writing that it is necessary to carry out the purposes of section 708(c)(1) of the DPA, submit the agreement and certification to the Attorney General with a request for a written finding, and submit a copy of such agreement or plan to Congress;

(2) The Attorney General, after consulting with the Chairman of the Federal Trade Commission, must issue a written finding that the purposes of section 708(c)(1) of the DPA may not reasonably be achieved through a voluntary agreement having less anti-competitive effects or without any voluntary agreement or plan of action and publishes such finding in the Federal Register.

(3) Each voluntary agreement or plan of action that has become effective shall expire 5 years after the date it becomes effective (and at 5-year intervals thereafter, as the case may be), unless (immediately prior to such expiration date) the Secretary (or the appropriate delegated Department of Energy official) who administers the agreement or plan and the Attorney General (after consultation with the Chairman of the Federal Trade Commission) make the certification or finding, as the case may be, described in paragraphs (e)(1) through (2) of this section with respect to such voluntary agreement or plan of action and publishes such certification or finding in the Federal Register, in which case, the voluntary agreement or plan of action may be extended for an additional period of 5 years.

(a) Purpose and scope. This section establishes the standards and procedures by which the participants in each approved voluntary agreement shall carry out the agreement.

(b) Participants. The participants in each voluntary agreement shall be reasonably representative of the appropriate industry or segment of that industry.

(c) Conduct of meetings held to carry out an agreement.

(1) The Secretary of Energy (or the appropriate delegated Department of Energy official) when overseeing a voluntary agreement shall initiate, or approve in advance, each meeting of the agreement participants held to discuss problems, determine policies, recommend actions, and make decisions necessary to carry out the agreement.

(2) The Secretary of Energy (or the appropriate delegated Department of Energy official) shall provide to the Attorney General and the Chairman of the Federal Trade Commission, and Congress adequate prior notice of the time, place, and nature of each meeting to carry out a voluntary agreement or plan of action, and a proposed agenda of each meeting. The Secretary of Energy (or the appropriate delegated Department of Energy official) shall publish in the Federal Register, reasonably in advance of each meeting to carry out a voluntary agreement or plan of action in accordance with 50 U.S.C. 4558(h)(8), a notice of the time, place, and nature of the meeting. If the Secretary of Energy (or the appropriate delegated Department of Energy official) has determined, pursuant to § 821.6 of this part, to limit attendance at the meeting, the Secretary of Energy (or the appropriate delegated Department of Energy official) shall publish the Federal Register notice within ten days of the meeting.

(3) Any interested person may attend a meeting held to carry out a voluntary agreement unless the Secretary of Energy (or the appropriate delegated Department of Energy official) has restricted attendance pursuant to § 821.6 of this part. A person attending a meeting under this section may present written data, views, and arguments (with or without opportunity for oral presentation) to any limitations on the manner of presentation that the Secretary of Energy (or the appropriate delegated Department of Energy official) may impose.

(4) No meeting shall be held to carry out any voluntary agreement unless a Federal employee, other than an individual employed pursuant to 5 U.S.C. 3109,is. In addition to the Secretary of Energy (or the appropriate delegated Department of Energy official), any meeting to carry out a voluntary agreement may be attended by the Attorney General, the Chairman of the Federal Trade Commission, the Secretary of Energy, or their delegates.

(5) Participants in any voluntary agreement or plan of action shall provide the Secretary of Energy (or the appropriate delegated Department of Energy official), the Attorney General, and the Chairman of the Federal Trade Commission with adequate prior notice of the time, place, and nature of any meeting to be held to carry out the voluntary agreement or plan of action.

(6) Notwithstanding any other provision of this section, a meeting between a single participant and the Secretary of Energy (or the appropriate delegated Department of Energy official) solely to deliver or exchange information is not subject to the requirements and procedures of this section, provided that a copy of the information is promptly delivered to the Attorney General, the Chairman of the Federal Trade Commission, and the Secretary of Energy (or the appropriate delegated Department of Energy official).

(d) Maintenance of records.

(1) The participants in any voluntary agreement or plan of action shall maintain for five years all minutes of meetings, transcripts, records, documents, and other data, including any communications among themselves or with any other member of their industry, related to the carrying out of the voluntary agreement or plan of action. The participants shall agree, in writing, to make available to the Attorney General, the Chairman of the Federal Trade Commission and the Secretary of Energy (or the appropriate delegated Department of Energy official) for inspection and copying at reasonable times and upon reasonable notice any item that this paragraph (d)(1) requires them to maintain.

(2) Any person required by § 821.4(d)(1) to maintain records shall indicate specific portions, if any, that such person believes should not be disclosed to the public pursuant to § 821.6 of this part, and the reasons therefor. Any item made available to a Government official named in § 821.4.(d)(1) shall be available from that official for public inspection and copying subject to the limitations set forth in § 821.6 of this part.

The Attorney General may terminate or modify a voluntary agreement, in writing, after consultation with the Chairman of the Federal Trade Commission and the Secretary of Energy (or the appropriate delegated Department of Energy official). The Secretary of Energy (or the appropriate delegated Department of Energy official) may also terminate or modify a voluntary agreement, in writing, after consultation with the Attorney General and the Chairman of the Federal Trade Commission. Any person who is a party to a voluntary agreement may terminate his participation in the agreement upon written notice to the Secretary of Energy. Effective immediately upon modification or termination of a voluntary agreement or plan of action, any antitrust immunity conferred upon the participants in that voluntary agreement or plan of action by section 708(j) of the Defense Production Act (DPA) of 1950 (50 U.S.C. 4558(j)) shall not apply to any act or omission occurring after the time of such termination or modification.

(a) Interested persons may, pursuant to 5 U.S.C. 552,inspect,minutes,transcripts,records,or,subject.S.C. 552(b)(1), (3), or (4).

(b) Except as provided by paragraph (c) of this section, interested persons may attend any part of a meeting held to develop or carry out a voluntary agreement pursuant to these rules.

(c) The Secretary of Energy (or the appropriate delegated Department of Energy official) may withhold material described in this section from disclosure and restrict attendance at meetings only on the grounds specified in 5 U.S.C. 552(b)(1), (3), or (4) or 5 U.S.C. 552b(c), as appropriate.