AGENCY FUEL ALLOCATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000100100021-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 16, 2016
• Document Release Date: July 22, 2005
• Sequence Number: 21
• Publication Date: May 5, 1980
• Content Type: MFR

Approved For Release 2005/08/02 : CIA-RDP85-009880100100021-8
z
w
= Form i 63a
U 8-6G
?a
K
Approved For Release 2005/08/02 : CIA-RDP85-00988R000100100021-8
 Approved For,1eas4 2005/08/02 : CIA-RDP85-00988R000100100021-8
sw
5 MAY Ibbi
MEMORANDUM FOR THE RECORD
SUBJECT: Agency Fuel Allocation
,S/(, If -d
1. and I met with Department of
Energy representatives on 2 May, to discuss the Agency's
fuel allocation. Representing DOE were: James Kelley,
Deputy Assistant Administrator for Regulations and Emergency
Planning in the Department's Economic Regulatory Administration
(ERA), Bill Caldwell of that office, Peter Schoenburg, DOE
General Counsel's Office, and Phil Mandale, ERA, Fuel Supply
and Allocation.
2. briefed the group on the Agency's justifica-
tion for the 100-percent base period allocation as a subclaimant
of DOD, under Title 32A of the CFR, wherein the Department of
Coirau.:erce recognized this entitlement. The DOE representatives
did not seem impressed with our claim: that we should be treated
as an associated DOD agency. In fact, Mr. Kelley clearly sees
DOD and CIA as being specifically separate under the existing
allocation system. It was also pointed out to DOE that CIA
has an extraordinary authority to operate, notwithstanding any
other law or regulation. Notwithstanding such authority, the
structure of DOE's allocation program prevents CIA from exercis-
Ing this authority.
3. Mr. Kelley went on to note that in his view, the
Agency could take two approaches: First, for the Agency to
ask for an interpretation of the DOE regulations as it applies
to CIA, and to see if such an interpretation would accommodate
the Agency's requirements. Secondly, the Agency could petition
for a rule change which would require an extended rule-making
process, approximately 5-6 months.
4. Mr. Schoenburg ventured that the Agency should first
request interpretation which his office would consider.
Barring a positive outcome, the Agency would then pursue the
matter through the rule-making process. Mr. Schoenburg
further pointed out that his office is in the process of review-
ing the Defense Production Act (DPA) allocation priorities
Approved For Release 2005/08/02 : CIA-RDP85-00988R000100100021-8
 Approved For,j~please 2005/08/02 : CIA-RDP85-0098000100100021-8
STET
STAT
SUBJECT: Agency Fuel Allocation
system as it applies to DOD. This is expected to take about
five months. He believes that CIA might be included under the
DPA revision. If this were to be the case, the Agency would
not have a fuel allocation problem. The revision to the DPA
will provide for qualifying agencies to obtain fuel under
non-emergency situations as well.
5. DOE's current allocation-setting authority expires in
September 1981; Schoenburg stated that our problem night
disappear then. However, there is nothing to suggest that
this authority will not be continued.
6. We agreed that this Agency should request reconsidera-
tion by DOE of its standing, making a case for the Agency to
be covered under the existing allocation rules in the same
manner as it a 'lies to DOD. It was agreed that Mr. Schoenburg
would contact regarding the substance of such a
request.
III prepare the response.
F 1;~
7.
For the record, we pointed out to DOE that
CIA's
standard
operating mode is one of an Agency engaged
in
essential
defense readiness-oriented operations. This is
tl)-e language which qualifies DOD
to
receive
the 100-percent
base period allocation under 10
CER
211.103.
8. It was our consensus that this Agency should vigorously
pursue a request to DOE to be treated as an associated agency
of the DOD in the same nanner as the Department of Commerce
treats it under 32A CFR. It appears that DOE may have authority
to grant such status without having to resort to the formal
rule-making process. Such a course of action should insure
against wide public awareness of this Agency's operational
needs.
9. If this course of action is unsuccessful, this Agency
will be required to either sec'l+ ari alteration in DOE's alloca-
tion rules, with all the atte:ii&i.nt publicity that goes with
such a process; or alternatively, to accept a reduced alloca-
tion on the same basis as other civilian agencies.
MAY 1S;)
Deputy Chief,
Plans.and Programs Staff
cc:
Legal Adviser
C/PD/OL
2
Approved For Release 2005/08/02 :
CIA-RDP85-00988R000100100021-8
 Approved ForZglease 2005/08/02 : CIA-RDP85-00988 00100100021-8
SUBJECT: Agency Fuel Allocation
Distribution:
Orig - OL/P&PS (Official)
1 OL/PF,PS (Chrono)
1 - OL Reader
OL/P&,PS (S May 80)
Approved For Release 2005/08/02 : CIA-RDP85-00988R000100100021-8