(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.