Exceptions to DOE Rules and Regulations

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The Department of Energy (DOE) issues test procedures and regulations covering a number of products, but does provide for exceptions to these rules under certain circumstances. Any person, as defined by 10 CFR 1003.2, can apply to the DOE for an exception from a rule, regulation, or DOE action having the effect of a rule, as provided for in section 504 of 42 U.S.C. 7194 and codified in 10 CFR 1003 subpart B.

The DOE Office of Hearings and Appeals (OHA) is responsible for issuing an order either granting or denying the application, in whole or in part, based upon a showing of serious hardship, gross inequity or unfair distribution of burdens, after considering the application and other relevant information received or obtained during the proceeding. Any person aggrieved by the approval of exception relief may file an appeal with OHA under 10 CFR 1003 subpart C. Any person aggrieved by the denial of exception relief may file an appeal with the Federal Energy Regulatory Commission, in accordance with regulations of that agency.

The OHA maintains a list of its decisions and orders online.

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