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DOE/EE RIN: 1904-AC49 Publication ID: Fall 2021 
Title: Energy Savings Performance Contract Procedures and Methods 

DOE is considering amendments to the Methods and Procedures for Energy Savings Performance Contracting under 10 CFR 436, subpart B (the "ESPC Regulations"). The ESPC Regulations were issued in April 1995 pursuant to the statutory directive for the Secretary of Energy to establish appropriate procedures and methods for use by Federal agencies to select, monitor, and terminate ESPCs (42 U.S.C. 8287(b)(1)(A)). Since then there have been numerous amendments to the authorizing statutory provisions (see 42 U.S.C. 8287, et seq.). DOE's proposed amendments are intended to align the ESPC Regulations with the amendments to 42 U.S.C. 8287, et seq. and to provide clarifications that reflect DOE ESPC guidance. These updates will provide for a more consistent and efficient ESPC project development and management process across the Federal government. Key updates and clarifications include elimination of the regulatory sunset date; updated definitions; updated procedures and methods for contractor qualification and selection; updated standard contract terms and conditions; updated procedures for the development of energy baselines, measurement and verification plans, and annual reports; and clarifications concerning authorized sources of energy savings.

Agency: Department of Energy(DOE)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 10 CFR 436, subpart B     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C. 8287 (b)   
Legal Deadline:  None
Action Date FR Cite
NPRM  01/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Skye Schell
Department of Energy
Energy Efficiency and Renewable Energy
1000 Independence Avenue SW,
Washington, DC 20850
Phone:202 586-9015