Change Justification

LPO Legal Draft

07.13.18

ROCIS Description of Changes

Set forth below is a summary description of all changes made to the Tribal Energy Loan Guarantee Program (“TELGP”) Application Form (the “Application Form”) from instruments previously approved under OMB Control Number: 1910-5134.

1) Clarification of Applicable Party.  Use of the term "Applicant" in the Application Form has been clarified throughout to indicate whether in each instance used it refers to the Lender Applicant, the Borrower or a Project Sponsor.  This does not result in a net increase in the information requested.

2) Clarification of Governing Authorities.  References to Section 1703 of Title XVII and the Title XVII Rule have been replaced with references to the TELGP authorizing statute and to Attachment C to the TELGP Solicitation. None of these changes has the effect of changing the information required to be provided in the Application Form.

3) Clarifications Regarding Partial Loan Guarantees.  Two changes were made to Sections I.A.6 and I.G.2(c) of the Application Form to clarify that DOE may only issue partial loan guarantees.  These clarifications do not change the information required to be provided in the Application Form.

4) Correction Regarding Financial Statements.  Part II: I.H.1 of the Application Form was revised to require three (3) rather than two (2) years of financial statements, if available. This is to correct a typographic error in the preceding form. This does not increase the burden on the Applicant, because financial statements are required only to the extent they have been previously prepared. 

5) Omissions Regarding Technology Requirements.  The requirements in Sections I.D.4 and I.E.3 of the Application Form to describe innovative technology have been omitted because they are inapplicable under TELGP. These changes have the effect of significantly reducing the paperwork burden on the public.

6) Omissions Regarding GHG Emissions.  The requirements Part I: I.E.7 and Part II: I.D.4 of the Application Form to describe reductions in greenhouse gas emissions have been omitted because they are inapplicable under TELGP. These changes have the effect of significantly reducing the paperwork burden on the public.

7) Omission of Requirement for Credit Rating from Rating Agency.  The requirement in Part II: I.H.8 to provide a credit assessment from a nationally recognized rating agency has been omitted, and Lender Applicant may now provide its own credit assessments of a Project.  This change has the effect of significantly reducing the paperwork burden on the public.