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Glossary of Terms

TERM

DEFINITION

ADDITIONAL FEDERAL FUNDING

Under the ATVM loan program, for purposes of making a determination under paragraph (a)(2) of section 611.100 of 10 CRF Part 611, additional federal funding includes any loan, grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect assistance from the federal government, or any agency or instrumentality thereof, other than the proceeds of a loan approved under this Part, that is, or is expected to be made available with respect to, the project for which the loan is sought under 10 CFR Part 611.

ADJUSTED AVERAGE FUEL ECONOMY

A harmonic production weighted average of the combined fuel economy of all vehicles in a fleet, which were subject to the Corporate Average Fuel Economy (CAFE) program.

ADMINISTRATIVE COST OF ISSUING A LOAN GUARANTEE

The total of all administrative expenses that DOE incurs during: (1) The evaluation of a Pre- Application, if a Pre-Application is requested in a solicitation, and an Application for a loan guarantee; (2) The offering of a Term Sheet, executing the Conditional Commitment, negotiation, and closing of a Loan Guarantee Agreement; and (3) The servicing and monitoring of a Loan Guarantee Agreement, including during the construction, startup, commissioning, shakedown, and operational phases of an Eligible Project.

ADVANCED TECHNOLOGY VEHICLE (ATV)

Either (1) ultra efficient vehicles (UEVs); or (2) passenger automobiles or light trucks that meets the emission and fuel economy standards set forth in the definition of “advanced technology vehicle” in 10 CFR 611.2.

ADVANCED TECHNOLOGY VEHICLES MANUFACTURING (ATVM) LOAN PROGRAM

Established under Section 136 of the Energy Independence and Security Act of 2007 to support the production of fuel-efficient, advanced technology vehicles (ATVs) and qualifying components in the United States. To learn more about the ATVM loan program, please visit www.energy.gov/lpo/advanced-technology-vehicles-manufacturing-atvm-loan-....

AGREEMENT

Under the ATVM loan program, the contractual loan arrangement between DOE and a Borrower for a loan made by and through the Federal Financing Bank with the full faith and credit of the United States government on the principal and interest.

APPLICANT

Under the Title XVII loan program, any person, firm, corporation, company, partnership, association, society, trust, joint venture, joint stock company, or other business entity or governmental non-federal entity that has submitted an application to DOE and has the authority to enter into a Loan Guarantee Agreement with DOE under Title XVII of the Energy Policy Act of 2005. Under the ATVM loan program, a party that submits a substantially complete application pursuant to 10 CFR 611.

APPLICATION

Under the Title XVII loan program, a comprehensive written submission in response to a solicitation or a written invitation from DOE to apply for a loan guarantee pursuant to § 609.6 of 10 CFR 609. Under the ATVM loan program, the compilation of the materials required by 10 CFR 611 to be submitted to DOE by an Applicant. One Application can include requests for one or more loans and one or more projects. However, an Application covering more than one project must contain complete and separable information with respect to each project.

APPLICATION FEE

Under the Title XVII loan program, paid at the time an application is submitted, this fee covers the costs associated with DOE’s financial and technical reviews to determine which projects will be selected for due diligence.

ATVM ELIGIBLE COSTS

The proceeds of an ATVM direct loan may only be used to pay for ATVM eligible costs. ATVM eligible costs are: (1) costs that are reasonably related to reequipping, expanding or establishing manufacturing facilities in the United States to produce ATVs or qualifying components; and (2) costs of engineering integration performed in the United States for ATVs or qualifying components; In each case that have been incurred after substantial completion of an application.

AUTOMOBILE

Under the ATVM loan program, any reference to "automobile" is used as that term is defined by the National Highway Traffic Safety Administration (NHTSA) in 49 CFR Part 523.

BORROWER

Under the Title XVII loan program, any Applicant who enters into a Loan Guarantee Agreement with DOE and issues Guaranteed Obligations. Under the ATVM loan program, an Applicant that receives a loan under the ATVM loan program.

BROWNFIELD

Real property, the expansion, redevelopment, or re-use of which may be complicated by the presence of a hazardous substance, pollutant, or contaminant.

CARGO PREFERENCE ACT

The Cargo Preference Act of 1954, as amended, and related regulations, which established certain requirements for the use of U.S. flagged vessels in the movement of cargo in international waters.

CATEGORICAL EXCLUSION (CE (CX))

A category of actions which do not individually or cumulatively have a significant effect on the human environment and are included in procedures adopted by a Federal agency pursuant to 40 CFR Part 1507.3 and for which neither an environmental assessment nor an environmental impact statement is required.

CLOSING FEE

Under the ATVM loan program, a fee of 10 basis points of the principal amount of the ATVM direct loan is required to be paid at the time of the closing of the ATVM direct loan.

CODE OF FEDERAL REGULATIONS (CFR)

The codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal government.

COMBINED FUEL ECONOMY

The combined city/highway miles per gallon values, as are reported in accordance with section 32904 of title 49, United States Code. If CAFE compliance data is not available, the combined average fuel economy of a vehicle must be demonstrated through the use of a peer-reviewed model.

COMMERCIAL TECHNOLOGY

A technology in general use in the commercial marketplace in the United States at the time the Term Sheet is issued by DOE. A technology is in general use if it has been installed in and is being used in three or more commercial projects in the United States in the same general application as in the proposed project, and has been in operation in each such commercial project for a period of at least five years. The five-year period shall be measured, for each project, starting on the in service date of the project or facility employing that particular technology. Commercial projects include projects that have been the recipients of a loan guarantee from DOE.

CONDITIONAL COMMITMENT

Under the Title XVII loan program, a Term Sheet offered by DOE and accepted by the Applicant, with the understanding of the parties that if the Applicant thereafter satisfies all specified and precedent funding obligations and all other contractual, statutory and regulatory requirements, or other requirements, DOE and the Applicant will execute a Loan Guarantee Agreement; provided that the Secretary may terminate a Conditional Commitment for any reason at any time prior to the execution of the Loan Guarantee Agreement; and provided further that the Secretary may not delegate this authority to terminate a Conditional Commitment.

FY 2009 CONTINUING RESOLUTION (CR)

Section 129 of the FY 2009 Continuing Resolution enacted on September 30, 2008, appropriated $7.5 billion for the cost of direct loans under the ATVM loan program, with aggregate commitments for such loans not exceeding $25 billion in total loan principal.

CONTRACTING OFFICER

The Secretary of Energy or a DOE official authorized by the Secretary to enter into, administer and/or terminate DOE Loan Guarantee Agreements and related contracts on behalf of DOE.

CORPORATE AVERAGE FUEL ECONOMY (CAFE)

The Corporate Average Fuel Economy (CAFE) program of the Energy Policy and Conservation Act, 49 USC 32901 et seq. For more information about CAFE, please see the National Highway Traffic Safety Administration’s CAFE website.

COUNCIL OF ENVIRONMENTAL QUALITY (CEQ)

A division of the Executive Office of the President that coordinates federal environmental efforts in the United States and works closely with agencies and other White House offices in the development of environmental and energy policies and initiatives.

CREDIT REVIEW BOARD (CRB)

The CRB makes recommendations to the Secretary of Energy prior to the Secretary’s granting final approval of any Conditional Commitment for a Loan Guarantee or loan (or other applicable matter) and participates in the oversight of the portfolio of the loan programs.

CREDIT SUBSIDY COST

The same meaning as “cost of a loan guarantee” in section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)), which is the net present value, at the time the Loan Guarantee Agreement is executed, of the following estimated cash flows, discounted to the point of disbursement: (1) payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments; less (2) payments to the Government including origination and other fees, penalties, and recoveries including the effects of changes in loan or debt terms resulting from the exercise by the Borrower, Eligible Lender or other Holder of an option included in the Loan Guarantee Agreement.

DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

A unique nine-character number that identifies your organization. It is a tool of the federal government to track how federal money is distributed. If you don’t know your company’s DUNS or if your company does not have a DUNS you can search for it or request one at

DAVIS-BACON ACT

Subchapter IV of Chapter 31 of Part A of Subtitle II of Title 40 of the United States Code, including and as implemented by the regulations set forth in Parts 1, 3 and 5 of title 29 of the Code of Federal Regulations, which established the requirement for paying prevailing wages on public works projects.

DEBT SERVICE COVERAGE RATIO (DSCR)

The ratio of (1) cash flow available for debt service to (2) aggregate scheduled debt service, including principal, interest expense and financing fees.

DEPARTMENT OF ENERGY (DOE OR DEPARTMENT)

The United States Department of Energy whose mission is to advance energy technology and promote related innovation in the United States.

DEPARTMENT OF INTERIOR (DOI)

The United State Department of the Interior. LPO has entered into a Memorandum of Understanding (MOU) with DOI Bureau of Land Management (BLM) California State Office and a MOU with DOI BLM Nevada State Office documenting the relative roles, responsibilities and procedures that will be followed pursuant to NEPA cooperating agency status for renewable energy projects. A number of Title XVII projects are built on BLM lands within California and Nevada.

DEPARTMENT OF THE TREASURY (TREASURY)

The United States Department of the Treasury. DOE consults with the Secretary of the Treasury regarding the terms and conditions of a potential loan guarantee.

DOE SOLICITATION NUMBER

The number which DOE assigns to a specific solicitation.

ELIGIBLE FACILITY

Under the ATVM loan program, a manufacturing facility in the United States that produces qualifying advanced technology vehicles, or qualifying components.

ELIGIBLE LENDER

Under the Title XVII loan program, (1) any person or legal entity formed for the purpose of, or engaged in the business of, lending money, including, but not limited to, commercial banks, savings and loan institutions, insurance companies, factoring companies, investment banks, institutional investors, venture capital investment companies, trusts, or other entities designated as trustees or agents acting on behalf of bondholders or other lenders; and (2) any person or legal entity that meets the requirements of § 609.11 of 10 CFR Part 609, as determined by DOE; or (3) The Federal Financing Bank.

ELIGIBLE PROJECT

Under the Title XVII loan program, a project located in the United States that employs a New or Significantly Improved Technology that is not a Commercial Technology, and that meets all applicable requirements of section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513), the applicable solicitation and 10 CFR Part 609. Under the ATVM loan program, either: (1) reequipping, expanding, or establishing a manufacturing facility in the United States to produce qualifying advanced technology vehicles, or qualifying components; or (2) engineering integration performed in the United States for qualifying advanced technology vehicles and qualifying components.

ENDANGERED SPECIES ACT

Requires that DOE assess the impact of proposed actions on federally listed threatened and endangered species and their critical habitat. DOE must consult with the U.S. Fish and Wildlife Service if endangered species are affected by a project.

ENERGY INDEPENDENCE AND SECURITY ACT OF 2007 (EISA)

Section 136 of the Energy Independence and Security Act of 2007 established the ATVM loan program to support the manufacturing of fuel-efficient, advanced technology vehicles and qualifying components in the United States.

ENGINEERING INTEGRATION COSTS

Cost of engineering tasks relating to — (A) incorporating qualifying components into the design of advanced technology vehicles; and (B) designing tooling and equipment and developing manufacturing processes and material suppliers for production facilities that produce qualifying components or advanced technology vehicles.

ENGINEERING, PROCUREMENT, AND CONSTRUCTION (EPC)

A common form of contracting arrangement within the construction industry.

ENVIRONMENTAL ASSESSMENT (EA)

A public document prepared to comply with NEPA that provides sufficient evidence and analysis for determining whether a proposed federal action will have significant environmental impacts requiring the preparation of an EIS (see NEPA and EIS). If no significant environmental impacts are found a Finding of No Significant Impact (FONSI) is issued.

ENVIRONMENTAL IMPACT STATEMENT (EIS)

A detailed analysis prepared in compliance with NEPA for federal actions that the proposing agency views as having significant potential environmental impacts (see NEPA). The EIS is a public document that provides an analysis of significant environmental impacts and reasonable alternatives. Draft and Final EISs are commonly abbreviated as DEIS and FEIS, respectively.

EQUITY

Cash contributed by the Borrowers and other principals. Equity does not include proceeds from the non-guaranteed portion of Title XVII loans, proceeds from any other non-guaranteed loans, or the value of any form of government assistance or support.

EQUIVALENT VEHICLE

A light-duty vehicle of the same vehicle classification as specified by the National Highway Traffic Safety Administration (NHTSA) in 49 CFR Part 523.

EXTRAORDINARY EXPENSES

In the event that a Project experiences difficulty relating to technical, financial, or legal matters or other events (e.g., engineering failure or financial workouts) which require DOE to incur time or expenses beyond standard monitoring, DOE will be entitled to payment in full from the Borrower of additional fees in an amount determined by DOE and of related fees and expenses of its independent consultants and outside counsel, to the extent that such fees and expenses are incurred directly by DOE and to the extent such third parties are not paid directly by the Borrower or Project Sponsor. DOE may charge the Applicant/Borrower additional fees to cover DOE’s Extraordinary Expenses in addition to all other fees and expenses. In accordance with Section 1702(h) of Title XVII of the Energy Policy Act of 2005, DOE may charge the Applicant/Borrower additional fees to cover DOE’s Extraordinary Expenses in addition to all other fees and expenses mentioned in any applicable solicitation.

FACILITY FEE

Under the Title XVII loan program, covers DOE’s administrative costs incurred in connection with considering whether to issue a loan guarantee. Including expenses such as those incurred connection with due diligence negotiation and documentation. This fee is typically paid in part at conditional commitment, with the balance due upon issuance of the loan guarantee.

FEDERAL CREDIT REFORM ACT (FCRA)

Federal Credit Reform Act of 1990, P.L. 101-508, 104 Stat. 1388-609 (1990), as amended by P.L. 105-33, 111 Stat. 692 (1997) and from time to time. The Credit Subsidy Cost is determined under the applicable provisions of FCRA.

FEDERAL ENERGY REGULATORY COMMISSION (FERC)

An independent agency that regulates the interstate transmission of electricity, natural gas, and oil.

FEDERAL FINANCING BANK (FFB)

An instrumentality of the United States government created by the Federal Financing Bank Act of 1973 (12 U.S.C. 2281 et seq). The FFB is under the general supervision of the Secretary of the Department of Treasury.

FEDERAL INFORMATION SECURITY MANAGEMENT ACT (FISMA)

United States legislation that defines a comprehensive framework to protect government information, operations and assets against natural or manmade threats.

FEDERAL REGISTER

The official publication for the federal government of the United States containing government agency rules, proposed rules, and public notices.

FEDERALLY LISTED THREATENED OR ENDANGERED SPECIES

Through federal action and by encouraging the establishment of state programs, the 1973 Endangered Species Act (ESA) provided for the conservation of ecosystems upon which threatened and endangered species of fish, wildlife, and plants depend. As defined by the ESA an “endangered” species is one that is in danger of extinction throughout all or a significant portion of its range. A “threatened” species is one that is likely to become endangered in the foreseeable future. Lists of these species are available through the U.S. Fish and Wildlife Service .

FEDERAL EMERGENCY MANAGEMENT AGENCY

The Federal Emergency Management Agency (FEMA), which administers the Federal Flood Insurance Program and with whom DOE may be required to consult for DOE-sponsored projects affecting floodplains.

FINAL RULE

The final regulations with respect to Title XVII, at 10 CFR Part 609, as amended, and any other applicable regulations from time to time promulgated to implement the Title XVII loan program.

FINANCIALLY VIABLE

Under the ATVM loan program, means a reasonable prospect that the Applicant will be able to make payments of principal and interest on the loan as and when such payments become due under the terms of the loan documents, and that the applicant has a net present value that is positive, taking all costs, existing and future, into account.

FINDING OF NO SIGNIFICANT IMPACT (FONSI)

Public documents issued by a Federal agency briefly presenting the reasons why an action for which the agency has prepared an environmental assessment will not have a significant effect on the human environment and, therefore, will not require preparation of an environmental impact statement.

FLOODPLAIN

The lowland and relatively flat areas adjoining inland and coastal waters and other flood prone areas such as offshore islands, including at a minimum, that area subject to a one percent or greater chance of flooding in any given year. The base floodplain shall be used to designate the 100-year floodplain (one percent chance of flooding). The critical action floodplain is defined as the 500-year floodplain (0.2 percent chance of flooding).

GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP)

A widely accepted set of rules, conventions, standards, and procedures for reporting financial information, as established by the Financial Accounting Standards Board.

GREENFIELD

Undeveloped land except for agricultural use, especially undisturbed land being considered for development.

GROSS VEHICLE WEIGHT RATING (GVWR)

The weight of the empty vehicle plus the weight of the maximum payload that the vehicle was designed to carry.

GUARANTEE

Under Title XVII of the Energy Policy Act of 2005, the term ‘‘guarantee’’ has the meaning given the term ‘‘loan guarantee’’ in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), and includes a loan guarantee commitment (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)).

GUARANTEED OBLIGATION

Any loan or other debt obligation of the Borrower for an Eligible Project for which DOE guarantees all or any part of the payment of principal and interest under a Loan Guarantee Agreement entered into pursuant to Title XVII of the Energy Policy Act of 2005.

HISTORIC PROPERTY

A property listed in or eligible for listing in the National Register of Historic Places.

HOLDER

Any person or legal entity that owns a Guaranteed Obligation or has lawfully succeeded in due course to all or part of the rights, title, and interest in a Guaranteed Obligation, including any nominee or trustee empowered to act for the Holder or Holders.

INDEPENDENT ENGINEER

A consulting engineer who is employed for the purpose of reviewing technical aspects of an Applicant's project.

INDEPENDENT ENGINEERING REPORT (IER)

A report for the Applicant’s project or facility that has been prepared for the benefit of DOE by an independent engineer with experience in the industry and familiarity with similar projects.

INNOVATIVE CLEAN ENERGY PROJECT

A project under the Title XVII loan program. See also, Title XVII loan program (Title XVII).

INNOVATIVE TECHNOLOGY

New, advanced, and/or creative technology. See also New or Significantly Improved Technologies.

INTERCREDITOR AGREEMENT

Under the Title XVII loan program, any agreement or instrument among DOE and one or more other persons providing financing or other credit arrangements or that otherwise provides for rights of DOE, in each case, in form and substance satisfactory to DOE and entered into or accepted by DOE in connection with a DOE loan guarantee upon a determination by DOE that such agreement or instrument is reasonable and necessary to protect the interests of the United States, and addressing such matters as collateral sharing, priorities(subject always to Section 1702(d)(3) of Title XVII of the Energy Policy Act of 2005) and voting rights among creditors and other intercreditor arrangements, as such agreement or instrument may be amended or modified from time to time with the consent of DOE..

INTERIM FINAL RULE (IFR)

The regulations located at 10 CFR Part 611, as amended and corrected, promulgated by DOE to establish regulations that specify eligibility criteria and that contain other provisions that the Secretary deems necessary to administer the ATVM loan program.

LIFECYCLE GREENHOUSE GAS (GHG) EMISSIONS

Methodology for calculating anthropogenic greenhouse gas emissions from all phases of the project (including construction, operation, and decommissioning). See each individual solicitation for Summary Lifecycle GHG Emissions Data Worksheet that should be submitted with an application.

LIGHT TRUCK

As defined by the National Highway Traffic Safety Administration (NHTSA) in 49 CFR Part 523 – Vehicle Classification.

LIGHT-DUTY VEHICLE

Passenger automobiles and light trucks.

LOAN AGREEMENT

Under the Title XVII loan program, a written agreement between a Borrower and an Eligible Lender or other Holder containing the terms and conditions under which the Eligible Lender or other Holder will make loans to the Borrower to start and complete an Eligible Project.

LOAN DOCUMENTS

Under the ATVM loan program, the Agreement and all other instruments, and all documentation among DOE, the Borrower, and the Federal Financing Bank evidencing the making, disbursing, securing, collecting, or otherwise administering the loan [references to loan documents also include comparable agreements, instruments, and documentation for other financial obligations for which a loan is requested or issued].

LOAN GUARANTEE AGREEMENT

Under the Title XVII loan program, a written agreement that, when entered into by DOE and a Borrower, an Eligible Lender or other Holder, pursuant to Title XVII, establishes the obligation of DOE to guarantee the payment of all or a portion of the principal and interest on specified Guaranteed Obligations of a Borrower to Eligible Lenders or other Holders subject to the terms and conditions specified in the Loan Guarantee Agreement.

LOAN PROGRAMS OFFICE (LPO)

A program office within DOE that administers two programs - the Title XVII loan program and the ATVM loan program. LPO’s investments accelerate the deployment of innovative clean energy projects and advanced vehicle manufacturing facilities across the United States, at a scale large enough to help reach national objectives for clean energy.

MAINTENANCE FEE

Under the Title XVII loan program, an annual fee that covers DOE’s administrative expenses, other than Extraordinary Expenses, in servicing and monitoring the loan guarantee during the life of the loan. This fee is paid each year in advance, commencing with payment of a pro-rated annual payment on the closing date of the loan guarantee.

MEDIUM DUTY PASSENGER VEHICLE (MDPV)

As defined by the National Highway Traffic Safety Administration (NHTSA) in 49 CFR Part 523 – Vehicle Classification.

MODEL YEAR (MY)

As term is defined in 49 U.S.C. 32901 - when referring to a specific calendar year, as (A) the annual production period of a manufacturer, as decided by the Administrator of the Environmental Protection Agency, that includes January 1 of that calendar year; or (B) that calendar year if the manufacturer does not have an annual production period.

NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

Requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. Analyses and documentation prepared to comply with NEPA may include a Categorical Exclusion (CE (CX)), Environmental Assessment (EA), or an Environmental Impact Statement (EIS).

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)

Established by the Highway Safety Act of 1970. In the Interim Final Rule DOE adopts several definitions and provisions contained in the Corporate Average Fuel Economy (CAFE) regulations established by the National Highway Traffic Safety Administration (NHTSA) (codified at 49 CFR Parts 523– 538).

NATIONAL HISTORIC PRESERVATION ACT

Requires that DOE assess the effects of proposed actions on historic and archeological resources, and sites of religious and cultural significance to Tribes. DOE must consult with state historic preservation officials and Tribes to determine if an action adversely affects any historic properties

NATIONAL REGISTER OF HISTORIC PLACES

The National Park Service’s official list of buildings, sites, objects, and districts that warrant special preservation consideration.

NEW OR SIGNIFICANTLY IMPROVED TECHNOLOGIES

A technology concerned with the production, consumption or transportation of energy and that is not a Commercial Technology, and that has either: (1) only recently been developed, discovered or learned; or (2) involves or constitutes one or more meaningful and important improvements in productivity or value, in comparison to Commercial Technologies in use in the United States at the time the Term Sheet is issued.

NORTH AMERICAN INDUSTRY CLASSIFICATION (NAIC)

A classification system which uses a six digit hierarchical coding system to classify all economic activity into twenty industry sectors. If you do not know or do not have a North American Industry Classification number, you can search for it or request one at: www.census.gov/naics/.

NOTICE OF AVAILABILITY (NOA)

A formal notice, published in the Federal Register, that announces the issuance and public availability of a draft or final EIS. The Environmental Protection Agency NOA is the official public notification of an EIS; a DOE NOA is an optional notice used to provide information to the public.

NOTICE OF INTENT (NOI)

A formal announcement of intent to prepare an EIS as defined in Council on Environmental Quality (CEQ) NEPA regulations (40 CFR 1508.22). DOE publishes NOIs in the Federal Register in accordance with DOE NEPA regulations (10 CFR 1021.311). Occasionally, DOE may publish an NOI to announce its intention to prepare an environmental assessment.

OFFICE OF MANAGEMENT AND BUDGET (OMB)

The Office of Management and Budget of the Executive Office of the President of the United States of America. In accordance with FCRA, DOE must consult with OMB and obtain OMB’s approval of DOE’s calculation of the Credit Subsidy Cost for each proposed loan guarantee prior to issuing any loan guarantee.

PASSENGER AUTOMOBILE

As defined by the National Highway Traffic Safety Administration (NHTSA) in 49 CFR Part 523, any automobile (other than an automobile capable of off-highway operation) manufactured primarily for use in the transportation of not more than 10 individuals.

PRE-APPLICATION

A written submission in response to a DOE solicitation that broadly describes the project proposal, including the proposed role of a DOE loan guarantee in the project, and the eligibility of the project to receive a loan guarantee under the applicable solicitation, Title XVII of the Energy Policy Act of 2005 and 10 CFR Part 609.

PREVAILING WAGES

A rate of pay determined by the U.S. Department of Labor based upon the particular geographic area for a given class of labor and type of project. Federal law requires all employers engaged in the performance of federal contracts to pay “prevailing” wages to their workers.

PRIME FARMLAND

A designation assigned by the U.S. Department of Agriculture, including land that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, and other agricultural crops with minimum input of fuel, fertilizer, pesticides and labor, and without intolerable soil erosion.

PROJECT COSTS

Under the Title XVII loan program, those costs, including escalation and contingencies, that are to be expended or accrued by Borrower and are necessary, reasonable, customary and directly related to the design, engineering, financing, construction, startup, commissioning and shakedown of an Eligible Project, as specified in § 609.12 of 10 CFR Part 609.

PROJECT SPONSOR

Under the Title XVII loan program, any person, firm, corporation, company, partnership, association, society, trust, joint venture, joint stock company or other business entity that assumes substantial responsibility for the development, financing, and structuring of a project eligible for a loan guarantee and, if not the Applicant, owns or controls, by itself and/or through individuals in common or affiliated business entities, a five percent or greater interest in the proposed Eligible Project, or the Applicant.

QUALIFYING COMPONENTS

Components the DOE determines are: (1) designed for advanced technology vehicles; and (2) installed for the purpose of meeting the performance requirements of advanced technology vehicles.

RECORD OF DECISION

A concise public document that records a Federal agency's decision(s) concerning a proposed action for which the agency has prepared an environmental impact statement (See CEQ and DOE NEPA regulations at 40 CFR 1505.2 and 10 CFR 1021.315, respectively).

RENEWABLE ENERGY CREDIT (REC)

Certificates awarded locally (at a state level) to support the generation of renewable energy. In certain jurisdictions, RECs may be separately traded and sold.

RENEWABLE PORTFOLIO STANDARD (RPS)

Requires investor-owned utilities and other privately-owned load-serving entities (“LSEs”) in the state to procure a certain percentage (set by state law) of their needs from renewable generation sources by a date set by state law.

SECRETARY

The Secretary of Energy or a duly authorized designee or successor in interest.

SOLICITATION

A solicitation is a funding opportunity issued by the DOE for which an Applicant may apply.

STATEMENT ON AUDITING STANDARDS (SAS)

Defines the standards an auditor must employ in order to assess the contracted internal controls of an organization

TERM SHEET

Under the Title XVII loan program, an offering document issued by DOE that specifies the detailed terms and conditions under which DOE may enter into a Conditional Commitment with the Applicant. A Term Sheet imposes no obligation on the Secretary to enter into a Conditional Commitment.

TITLE XVII LOAN PROGRAM (TITLE XVII)

Provides loan guarantees to accelerate the deployment of innovative clean energy technology. DOE is authorized to issue loan guarantees pursuant to Title XVII of the Energy Policy Act of 2005. To learn more about the Title XVII loan program, please visit www.energy.gov/lpo/innovative-clean-energy-projects-title-xvii-loan-program.

ULTRA EFFICIENT VEHICLE (UEV)

Under the ATVM loan program, means a fully closed compartment vehicle designed to carry at least two (2) adult passengers that achieves: (1) at least 75 miles per gallon while operating on gasoline or diesel fuel; (2) at least 75 miles per gallon equivalent while operating as a hybrid electric-gasoline or electric-diesel vehicle; or (3) at least 75 miles per gallon equivalent while operating as a fully electric vehicle.

UNITED STATES (US)

The several states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa or any territory or possession of the United States of America.

UNITED STATES ARMY CORPS OF ENGINEERS (USACE)

Federal laws, regulations and Executive Orders concerning wetlands and floodplains may require DOE consultation with U.S. Army Corps of Engineers (USACE).

UNITED STATES FISH AND WILDLIFE SERVICE (USFWS OR FWS)

A federal government agency within the U.S. Department of the Interior responsible for administering the Endangered Species Act. DOE must consult with USFWS if endangered species are affected by a project.

WETLAND

Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.