Office of General Council (2020 Presidential transition)
Book 3 - Organization Overview |
---|
Entire 2020 DOE Transition book As of October 2020 |
The Office of the General Counsel (GC) is responsible for providing comprehensive legal services to the Secretary, Deputy Secretary, and all Departmental elements—except the Federal Energy Regulatory Commission (FERC)—and for effectively representing the Department as counsel before Federal, State, and other governmental agencies and courts. These services are intended to advance the missions and objectives of the Department through advice, negotiation, rulemaking, legislation, regulatory enforcement, and, when necessary, litigation; and to ensure that the Department operates in compliance with all pertinent laws and regulations. GC is organized so as to provide each Departmental element (Fossil Energy, Science, etc.) with “program counsel” specifically skilled in its unique issues. Separate elements of GC provide specialized legal expertise for issues that affect many program offices, such as procurement, fiscal, regulatory, and environmental law.
Mission Statement
The General Counsel is charged by the Secretary of Energy with the authority to determine the Department’s authoritative position on any question of law. The Office of the General Counsel provides legal advice, counsel, and support to the Secretary, the Deputy Secretary, and program offices throughout DOE to further the Department’s mission of ensuring America’s security and prosperity by addressing its energy, environmental and nuclear challenges through transformative science and technology solutions.
Budget
Fiscal Year | Budget |
FY 2019 enacted | $33,075,000 |
FY 2020 enacted | $33,075,000 |
FY 2021 request | $35,111,000 |
Human Resources
FY 2020 authorized full-time equivalents (FTEs): 145
History
The position of the General Counsel (GC-1) is established as a Senate-confirmed Presidential appointment in the Department of Energy Organization Act, Public Law 95-91, Section 202(e).
Functions
The Office of the General Counsel consists of all the attorneys in the Department that report directly or indirectly to the General Counsel. GC is organized so as to provide each Departmental element (Fossil Energy, Science, etc.) with “program counsel” specifically skilled in its unique issues. Separate elements of GC provide specialized legal expertise for issues that affect many program offices, such as procurement, fiscal, regulatory, and environmental law. In general, the legal staffs of those elements that have their own counsel outside of headquarters GC also report to the General Counsel, including the Chief Counsels for the Loan Programs Office, ARPA-E, and each of the Department’s field offices. The most significant exception is the General Counsel for the National Nuclear Security Administration (NNSA) who reports to the NNSA Administrator.
Headquarters
The Office of the General Counsel (Headquarters) is comprised of the Immediate Office of the General Counsel, five program area Deputy General Counsels supported by eleven Assistant General Counsels (AGCs), the Director of the Office of Standard Contract Management, the Director of the Office of NEPA Policy and Compliance, and their staff. The functions and responsibilities of these offices are summarized below. Greater detail on the responsibilities of each AGC office described below is provided separately.
Immediate Office of the General Counsel: General Counsel & Deputy General Counsel (GC-1)
The General Counsel is ultimately responsible for determining the Department’s authoritative position on any question of law for guidance of all Departmental elements and officials. To do so, he or she directs, manages, and supervises all DOE activities conducted by GC. In this connection, general functions and responsibilities undertaken by the General Counsel include establishing policies, issuing guidance, defining procedures, and rendering decisions pertaining to the General Counsel’s areas of responsibility, including but not limited to providing counsel to the Secretary and to senior DOE officials; ensuring the provision of adequate legal support and services to DOE’s program areas; representing DOE in legal matters, as required; and overseeing the performance of legal services by the Chief Counsel and Chief Patent Counsel of each of the Field Offices.
Deputy General Counsel for Administration (GC-20)
The Deputy General Counsel for Administration serves as DOE’s Designated Agency Ethics Official and directs, manages, and supervises the Department’s activities and functions assigned to the AGC for Ethics and Personnel Law (GC-21) and the Associate General Counsel for Finance and Information Law (GC-22). These offices serve as program counsel for the Offices of Management (MA) (on non-procurement matters); Economic Impact and Diversity (ED); the Energy Information Administration (EIA); Chief Financial Officer (CFO); Human Capital Management (HC); the Chief Information Officer (CIO); and Public Affairs (PA).
Many of the major functions and responsibilities of the AGC, the Associate GC and their offices involve: serving as DOE’s Alternate Designated Agency Ethics Official (AGC for Ethics and Personnel Law) and managing the Department’s ethics program for Federal employees; and providing legal services and review in connection with issues concerning the Freedom of Information Act (FOIA), the Privacy Act, records management, the Federal Advisory Committee Act (FACA), property, equal opportunity, personnel and appropriations law, and DOE’s organizational structure.
Deputy General Counsel for Litigation, Regulation and Enforcement (GC-30)
The Deputy General Counsel for Litigation, Regulation, and Enforcement directs, manages, and supervises the Department’s activities and functions assigned to the AGC for Litigation (GC- 31); the AGC for Legislation, Regulation and Energy Efficiency (GC-33); and the AGC for Enforcement (GC-32). The AGC for Legislation, Regulation and Energy Efficiency (GC-33) serves as program counsel for the Office of Energy Efficiency and Renewable Energy (EERE) and the Office of Congressional and Intergovernmental Affairs (CI), and regulatory counsel for the Department. The AGC for Litigation and the AGC for Enforcement do not formally serve as program counsel for any DOE program office.
Many of the major functions and responsibilities of these AGCs and their offices involve: directing the agency’s participation in litigation in which the Department is a party (which is almost all conducted by the Department of Justice) as well as its activities and functions with respect to the Department’s contractors’ litigation (which is conducted by contractor-retained counsel); promoting compliance with and prosecuting violations of DOE regulations promulgated under the Energy Policy and Conservation Act; providing for internal DOE review all DOE legislative proposals and obtaining Office of Management and Budget (OMB) clearance of these proposals; acting as the DOE contact point with OMB on all non-budget legislative matters; participating in the analysis and formulation of DOE positions and comments on enrolled bills and other agencies’ proposed regulations, legislative matters, and testimony; and providing legal advice on administrative law and Executive Orders applicable to rulemaking, including legal review of draft regulations.
Deputy General Counsel for Environment and Compliance (GC-50)
The Deputy General Counsel for Environment and Compliance directs, manages, and supervises the activities and functions assigned to the AGC for Environment (GC-51), the AGC for International and National Security Programs (GC-53), and the Director of the Office of NEPA Policy and Compliance (GC-54). These offices serve as program counsel for the Offices of Environmental Management (EM); Legacy Management (LM); Environment, Health, Safety and Security (AU); Enterprise Assessments (EA); Intelligence and Counterintelligence (IN); Policy (OP); and International Affairs (IA).
Many of the major functions and responsibilities of the AGCs, Director and their offices involve: providing legal advice regarding environmental protection, compliance with the National Environmental Policy Act, and other applicable environmental protection laws, regulations, federal facility agreements, and other requirements; interactions with the Defense Nuclear Facilities Safety Board; defense and nuclear nonproliferation programs, including negotiating and drafting international agreements as appropriate; security, intelligence, and counterintelligence matters; international agreements relating to international science and technology cooperation, international trade, and investment activities, and other Departmental programs involving international cooperation.
Deputy General Counsel for Transactions, Technology, and Contractor Human Resources (GC-60)
The Deputy General Counsel for Transactions, Technology, and Contractor Human Resources directs, manages, and supervises the activities and functions assigned to the AGC for Procurement and Financial Assistance (GC-61); the AGC for Technology Transfer and Intellectual Property (GC-62); and the Office of the AGC for Contractor Human Resources (GC-63).
The major functions and responsibilities of the GC-61 office include: providing legal advice regarding DOE programs and functions involving procurement, financial assistance, and other transactions laws, regulations, policies, and activities; providing legal advice regarding source selection strategies and processes for major procurement actions throughout the DOE complex; managing and directing the defense of DOE procurement actions, including solicitations, competitive range decisions, and contract awards when such actions are protested to the Government Accountability Office; representing DOE in connection with contract disputes before the Civilian Board of Contract Appeals and providing assistance to the Department of Justice in connection with litigation relating to DOE contract cases; assisting in drafting, negotiating, and reviewing DOE solicitation documents and contracts, including procurement contracts, interagency agreements, funding opportunity announcements, grants, cooperative agreements, and technology investment agreements; advising the Office of Project Management and Assessments, the Project Management Risk Committee, and the Energy Systems Acquisition Advisory Board on DOE project matters; and advising the Office of Small and Disadvantaged Business Utilization on issues related to the Department’s small business achievement. The major functions and responsibilities of the GC- 62 office include: providing legal advice regarding DOE programs involving intellectual property and technology transfer laws, regulations, policies, and issues, including the formulation of DOE’s patent policy; and the representation of DOE’s interests in intellectual property and technology transfer matters, including patents, trademarks, copyrights, trade secrets, and related matters. GC-62 also coordinates the activities of field patent counsel regarding intellectual property and technology transfer matters. The major functions and responsibilities of the GC-63 office include: providing legal advice pertaining to DOE contractor labor standards; labor relations; workforce restructuring; employee pensions and other benefits and compensation; and other related issues as necessary, as well as providing policy support on contractor labor standards, labor relations, and workforce restructuring issues.
Deputy General Counsel for Energy Policy (GC-70)
The Deputy General Counsel for Energy Policy directs, manages, and supervises the activities and functions assigned to the AGC for Electricity and Fossil Energy (GC-76); the AGC for Civilian Nuclear Programs (GC-72); and the Director of the Office of Standard Contract Management (GC-73). These offices serve as program counsel to the Offices of Fossil Energy (FE); Electricity (OE); Nuclear Energy (NE); Indian Energy Policy and Programs (IE); Policy (OP), Science (SC); and Cybersecurity, Energy Security, and Emergency Response (CESER).
Many of the major functions and responsibilities of AGC offices GC-72 and GC-73 involve working with DOE programs on: the management, storage, and disposal of high-level nuclear waste and spent nuclear fuel;; nuclear energy fuel cycle activities; nuclear liability matters, including the Price-Anderson Act, indemnification under Public Law 85-804; DOE regulatory and NRC licensing authority under the Atomic Energy Act; agreements and initiatives relating to domestic science and technology cooperation; and the core functions established by the Nuclear Waste Policy Act of 1982 (NWPA), as amended, that pertain to the Nuclear Waste Fund and the management of the Standard Contracts for the Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste (10 CFR 961) with Government and nuclear utilities; review of annual settlement claims for damages due to the partial breach of the Standard Contracts; and support of the Department of Justice in the negotiations of new settlements, extensions of existing settlements, and as the primary factual witness for DOE in litigation related to the Standard Contracts.
The major functions and responsibilities of the GC- 76 office include: providing legal advice and counsel in connection with DOE’s fossil energy programs, including the Strategic Petroleum Reserve; Naval Petroleum Reserves; Home Heating Oil Reserves; clean coal research and demonstration programs; and imports and exports of natural gas. GC-76 attorneys work closely with the staff of the Office of Fossil Energy in drafting opinions and orders in response to applications for authorization under section 3 of the Natural Gas Act to import or export natural gas, including liquefied natural gas (LNG). GC-76 also serves as program counsel for DOE’s electricity and non-nuclear emergency preparedness programs, which are primarily handled by the Office of Electricity. GC-76 also provides legal support and advice regarding CESER’s efforts to prepare and respond to threats to the energy sector; conduct research and development on tools to meet those threats; and engage with energy sector entities on behalf of the federal government. In addition to its roles as program counsel, GC-76 advises the General Counsel on Power Marketing Administration (PMA) legal matters, reviews PMA rate orders, and works with PMA counsel; represents DOE facilities in electric and gas utility rate cases before state public utility commissions; and represents the Department in FERC proceedings when transmission, generation, or reliability matters affecting the PMAs or DOE facilities arise.
Field
The Department employs a complement of lawyers who work in the field, including Chief Counsel, Chief Patent Counsel, Power Marketing Administration General Counsel, and their staffs.
Chief Counsel
There is a Chief Counsel at the majority of DOE field offices. Where there is no legal staff at a field office, those offices are serviced by the Chief Counsel at other field offices or at Headquarters. The Chief Counsel at the following offices are employees of their respective offices but are supervised by a Headquarters Deputy General Counsel: Chicago, Environmental Management Consolidated Business Center, Golden, Idaho, National Energy Technology Laboratory, Oak Ridge, Richland, Savannah River, and Strategic Petroleum Reserve. This supervision includes preparation of performance evaluations with input from the respective offices. Chief Counsels also have day-to-day client relationships with the field managers and staff at the offices where they are located. The Chief Counsels of ARPA-E and the Loan Program Office are employees of their respective offices, but are supervised by the Principal Deputy General Counsel. This supervision includes preparation of performance evaluations with input from the respective offices. All of the Chief Counsels have access to the General Counsel whenever they require.
Chief Patent Counsel
Chief Patent Counsels are responsible professionally to the AGC for Technology Transfer and Intellectual Property, pursuant to the guidance and direction of the General Counsel, but are supervised by a Chief Counsel. The AGC for Technology Transfer and Intellectual Property ensures that the necessary professional consultation occurs with the Chief Patent Counsel through a variety of means, including monthly conference calls with all the Chief Patent Counsels, and an annual Chief Patent Counsel meeting. Although not specified in Departmental guidance, both the AGC for Technical Transfer and Intellectual Property and the Chief Counsel have a role in the selection and evaluation of Chief Patent Counsels.
Power Marketing Administration General Counsel
Each of the four Power Marketing Administrations (PMA) has a General Counsel. The Deputy General Counsel for Energy Policy ensures that appropriate GC offices interact as appropriate with PMA General Counsels to ensure that the PMAs, as components of the Department, receive adequate legal services where necessary, that appropriate professional consultation occurs, and that there is consistency in legal interpretations between GC HQ and the PMAs.
Recent Organization Accomplishments
The Office of the General Counsel has provided legal advice, counsel, and support for the Department including: successfully resolving various litigation matters; prevailing in several bid-protests; successfully supporting program office missions and implementing Administrative policies and programs; and playing a pivotal role in the issuance and publication of several high- profile rulemakings. Through the efforts and accomplishments of the Office, the Department stands to save millions of dollars. Furthermore, the Office of the General Counsel has played a crucial role in the Department’s response to the COVID-19 Pandemic.
Leadership Challenges
The Office of the General Counsel believes in the importance of a transparent and accountable management and work environment. As a result of the Office’s ability to successfully adhere to these principles, it currently does not face any leadership challenges.
Critical Events and Action Items
The Office of the General Counsel neither anticipates nor foresees any critical events or actions that will take place within the first 3 months of the next Presidential term. [1]
Organizational Chart
Links
Internal
Department of Energy: Transitions 2020-organization overviews table of contents
External
References
- ↑ DOE. (2021). Transitions 2020: Organizational Overviews. US Department of Energy.
|