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57 Part 210—General Allocation and Price Rules

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57 Part 210—General Allocation and Price Rules Department of Energy § 210.1 with section 552 of title 5, United 212.93(b)(4)(iii)(B)(I); 212.93(i)(4); States Code and part 202 of this title. 212.94(b)(2)(iii); 212.128; 212.132; 212.172; (b) Matter may be withheld from dis- and § 212.187 of part 212. closure under section 552(b) of title 5 (b) Effective February 5, 1985, para- only on the grounds specified in: graph (a) of this section shall apply, to (1) Section 552(b)(1), applicable to the extent indicated, only to firms in matter specifically required by Execu- the following categories. A firm may be tive Order to be kept secret in the in- included in more than one category, terest of the national defense or for- and a firm may move from one cat- eign policy. This section shall be inter- egory to another. The fact that a firm preted to include matter protected becomes no longer subject to the rec- under Executive Order No. 11652 of ordkeeping requirements of one cat- March 8, 1972, establishing categories egory shall not relieve that firm of and criteria for classification, as well compliance with the recordkeeping re- as any other such orders dealing spe- quirements of any other category in cifically with disclosure of IEP related which the firm is still included. materials; (1) Those firms which are or become (2) Section 552(b)(3), applicable to parties in litigation with DOE, as de- matter specifically exempted from dis- fined in paragraph (c)(1) of this section. closure by statute; and Any such firm shall remain subject to (3) So much of section 552(b)(4) as re- paragraph (a) of this section. DOE shall lates to trade secrets. notify the firm in writing of the final resolution of the litigation and wheth- PART 210—GENERAL ALLOCATION er or not any of its records must be AND PRICE RULES maintained for a further period. DOE shall notify a firm which must main- Subpart A—Recordkeeping tain any records for a further period when such records are no longer need- Sec. ed. 210.1 Records. (2)(i) Those firms which as of Novem- Subparts B–D [Reserved] ber 30 1984, have completed making all restitutionary payments required by Emergency Petroleum Alloca- an administrative or judicial order, tion Act of 1973, Pub. L. 93–159, E.O. 11748, 38 consent order, or other settlement or FR 33577; Economic Stabilization Act of 1970, order but which payments are on Feb- as amended, Pub. L. 92–210, 85 Stat. 743; Pub. ruary 5, 1985, still subject to distribu- L. 93–28, 87 Stat. 27; E.O. 11748, 38 FR 33575; tion by DOE. This requirement is appli- Cost of Living Council Order Number 47, 39 cable to only those firms listed in ap- FR 24. pendix B. Any such firm shall maintain all records for the time period covered Subpart A—Recordkeeping by the administrative or judicial order, consent order, or other settlement or § 210.1 Records. order requiring the payments, evidenc- (a) The recordkeeping requirements ing sales volume data for each product that were in effect on January 27, 1981, subject to controls and customers’ in parts 210, 211, and 212 will remain in names and addresses, until one of the effect for (1) all transactions prior to following: June 30, 1985, unless this pe- February 1, 1981; and (2) all allowed ex- riod is extended on a firm-by-firm penses incurred and paid prior to April basis; the end of the individual firm’s 1, 1981 under § 212.78 of part 212. These extension; or the firm is notified in requirements include, but are not lim- writing that its records are no longer ited to, the requirements that were in needed. effect on January 27, 1981, in § 210.92 of (ii) Those firms which as of Novem- this part; in §§ 211.67(a)(5)(ii); 211.89; ber 30, 1984, are required to make 211.109, 211.127; and 211.223 of part 211; restitutionary or other payments pur- and in §§ 212.78(h)(5)(ii); 212.78(h)(6); suant to an administrative or judicial 212.83(c)(2)(iii)(E)(I); order, consent order, or other settle- 212.83(c)(2)(iii)(E)(II); 212.83(c)(2)(iii); ment or order. Any such firm shall re- ‘‘Fi t’’; 212.83(i); 212.93(a); main subject to paragraph (a) of this 57 VerDate jul<14>2003 18:47 Jan 18, 2004 Jkt 203031 PO 00000 Frm 00057 Fmt 8010 Sfmt 8010 Y:\SGML\203031T.XXX 203031T § 210.1 10 CFR Ch. II (1–1–04 Edition) section until the firm completes all (4) Those firms which are subject to restitutionary payments required by requests for data necessary to verify the administrative or judicial order, that crude oil qualifies as ‘‘newly dis- consent order, or other settlement or covered’’ crude oil under 10 CFR 212.79. order. However, after completing all Any such firm shall maintain the such payments, a firm shall maintain records evidencing such data until one all records described in paragraph of the following: June 30, 1985, unless (b)(2)(i) of this section until one of the this period is extended on a firm-by- following: Six months after the firm firm basis; the end of an individual completes all such payments, unless firm’s extension; or the firm is notified this period is extended on a firm-by- in writing by DOE that its records are firm basis; the end of the individual no longer needed. However, if a firm in firm’s extension; or the firm is notified this group shall become a party in liti- in writing that its records are no gation, the firm shall then be subject longer needed. to the recordkeeping requirements for (3)(i) Those firms with completed au- firms in litigation set forth in para- dits in which DOE has not yet made a graph (b)(1) of this section. determination to initiate a formal en- (5) Those firms whose records are de- forcement action and firms under audit termined by DOE as necessary to com- which do not have outstanding sub- plete the enforcement activity relating poenas. Any such firm shall maintain to another firm which is also subject to all records for the period covered by paragraph (a) of this section unless the audit including all records nec- such firms required to keep records essary to establish historical prices or have received certified notice letters volumes which serve as the basis for specifically describing the records de- determining the lawful prices or vol- termined as necessary. At that time, umes for any subsequent regulated the specific notice will control the rec- transaction which is subject to audit, ordkeeping requirements. These firms until one of the following: June 30, have been identified in appendix A. 1985, unless this period is extended on a Any such firm shall maintain these firm-by-firm basis; the end of the indi- records until one of the following: June vidual firm’s extension; or the firm is 30, 1985, unless this period is extended notified in writing by DOE that its on a firm-by-firm basis; the end of the records are no longer needed. However, individual firm’s extension; or the firm if a firm in this group shall become a is notified in writing by DOE that its party in litigation, the firm shall then records are no longer needed. be subject to the recordkeeping re- (6) Those firms which participated in quirements for firms in litigation set the Entitlements program. Any such forth in paragraph (b)(1) of this section. firm shall maintain its Entitlements- (ii) Those firms under audit which related records until six months after have outstanding subpoenas on Feb- the final judicial resolution (including ruary 5, 1985, or which receive sub- any and all appeals) of Texaco v. DOE, poenas at any time thereafter or which Nos. 84–391, 84–410, and 84–456 (D. Del.), have supplied records for an audit as or the firm is notified by DOE that its the result of a subpoena enforced after records are no longer needed, which- November 1, 1983. Any such firm shall ever occurs first. remain subject to paragraph (a) of this (c) For purposes of this section: section until two years after ERA has (1) A firm is ‘‘a party in litigation’’ notified the firm in writing that is in if: full compliance with the subpoena or (i)(A) The firm has received a Notice until ERA has received from the firm a of Probable Violation, a Notice of sworn certification of compliance with Probable Disallowance, a Proposed Re- the subpoena as required by 10 CFR medial Order, or a Proposed Order of 205.8. However, if a firm in this group Disallowance; or shall become a party in litigation, the (B) The firm and DOE are parties in firm shall then be subject to the rec- a lawsuit arising under the Emergency ordkeeping requirements for firms in Petroleum Allocation Act of 1973, as litigation set forth in paragraph (b)(1) amended (15 U.S.C. 751 et seq.) or 10 of this section. CFR parts 205, 210, 211, or 212; and 58 VerDate jul<14>2003 18:47 Jan 18, 2004 Jkt 203031 PO 00000 Frm 00058 Fmt 8010 Sfmt 8010 Y:\SGML\203031T.XXX 203031T Department of Energy § 210.1 (ii)(A) There has been no final (that Brio Petroleum, Inc. is, non-appealable) administrative or Brixon judicial resolution, or C.E.
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