10 CFR § 205.260 - Purpose and scope.

---
identifier: "/us/cfr/t10/s205.260"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 205.260 - Purpose and scope."
title_number: 10
title_name: "Energy"
section_number: "205.260"
section_name: "Purpose and scope."
chapter_name: "DEPARTMENT OF ENERGY"
subchapter_number: "A"
subchapter_name: "OIL"
part_number: "205"
part_name: "ADMINISTRATIVE PROCEDURES AND SANCTIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. 7101 ); Federal Power Act, Pub. L. 66-280, 41 Stat. 1063 (16 U.S.C. 792 ); E.O. 10485, 18 FR 5397, 3 CFR, 1949-1953, Comp., p. 970 as amended by E.O. 12038, 43 FR 4957, 3 CFR 1978 Comp., p. 136; E.O. 14154, 90 FR 8353.Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. 7101); Pub. L. 66-280, 41 Stat. 1063 (16 U.S.C. Section 792 ); E.O. 10485, 18 FR 5397, 3 CFR, 1949-1953, Comp., p. 970 as amended by E.O. 12038, 43 FR 4957, 3 CFR 1978 Comp., p. 136; Department of Energy Delegation Order No. 00-002.00Q (Nov. 1, 2018)."
regulatory_source: "39 FR 35489, Oct. 1, 1974, unless otherwise noted."
cfr_part: "205"
---


# 205.260 Purpose and scope.

(a) The purpose of this section is to state the procedures that will be followed by the Economic Regulatory Administration of the Department of Energy in electricity export adjudications.

(b) *Definitions.* As used in this subpart—

*Administrator* means the Administrator of the Economic Regulatory Administration.

*Decisional employees* means the Administrator, presiding officers at adjudicatory hearings, and other employees of the Department, including consultants and contractors, who are, or may reasonably be expected to be, involved in the decision-making process, which includes advising the Administrator in resolving the issues in an adjudication. The term does not include those employees of the Department performing investigative or trial functions in an adjudication, unless they are specifically requested by the Administrator or his delegate to participate in the decision-making process.

*Department* means the Department of Energy.

*Off-the-record communication* means an *ex parte* communication, which is an oral or written communication relevant to the merits of an adjudication and not on the record and with respect to which reasonable prior notice to all participants and opportunity to be present at, or respond to, the communication is not given, but does not include a communication relating solely to procedures which are not relevant to the merits of the adjudication.

*Interested person* means a person outside the Department whose interest in the adjudication goes beyond the general interest of the public as a whole and includes applicants, intervenors, competitors of applicants, non-profit and public interest organizations, and other individuals and organizations, including state, local and other public officials, with a proprietary, financial or other special interest in the outcome of the adjudication. The term does not include other federal agencies, unless an agency is a participant in the adjudication.

*Participant* means any applicant or intervenor participating in the adjudication.

*Adjudication* means a formal proceeding employing procedures identical or similar to those required by the Administrative Procedure Act, as codified in 5 U.S.C. 551, 556, and 557, to consider an application to export electricity.

*Reasonable prior notice* means 7 days' written notice stating the nature and purpose of the communication.

*Relevant to the merits* means a communication directly related to the merits of a specific adjudication but does not include general background discussions about an entire industry or communications of a general nature made in the course of developing agency policy for future general application.