10 C.F.R. § 609.16 – Deviations.

(a) To the extent that the requirements under this part are not specified by the Act or other applicable statutes, DOE may authorize deviations from the requirements of this part upon:
1. (1) Either receipt from the Applicant, Borrower or Project Sponsor, as applicable, of -
  1. (i) A written request that the Secretary deviate from one or more requirements; and
  2. (ii) A supporting statement briefly describing one or more justifications for such deviation; or
  3. (iii) A determination by the Secretary in his discretion to undertake a deviation;
2. (2) A finding by the Secretary that such deviation supports program objectives and the special circumstances stated in the request make such deviation clearly in the best interest of the Government; and
3. (3) If the waiver would constitute a substantial change in the financial terms of the Loan Guarantee Agreement and related documents, consultation by DOE with OMB and the Secretary of the Treasury.
(b) If a deviation under this section results in an increase in the applicable Credit Subsidy Cost, such increase shall be funded either by additional fees paid by or on behalf of the Borrower or, if an appropriation is available by means of an appropriations act. The Secretary has discretion to determine how the cost of a deviation is funded.