DOCKETED  
Docket Number:  23-FDAS -01 
Project Title:  Pool Controls Rulemaking  
TN #:  252113  
Document Title:  Notice of Second 15 -Day Public Comment Period  
Description:  Notice of second comment period for proposed revisions to the 
flexible demand appliance standards for pool controls.  
Filer:  Nicholaus Struven  
Organization:  California Energy Commission  
Submitter Role:  Commission Staff   
Submission Date:  9/1/2023 12:54:44 PM  
Docketed  Date:  9/1/2023  
 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY  Gavin Newsom, Governor  
 
CALIFORNIA ENERGY COMMISSION   
715 P  Street  
Sacramento, California 95814  
 
energy.ca.gov  
 
CEC -057 (Revised 1 /21)
NOTICE OF SECOND 15-DAY PUBLIC COMMENT PERIOD  
 
PROPOSED REVISIONS TO THE FLEXIBLE DEMAND APPLIANCE STANDARDS 
FOR POOL CONTROLS  
 
California Energy Commission  
Docket No.  23-FDAS -01 
 
 
 
On February 23, 2023, the California Energy Commission (CEC) published a Notice of 
Proposed Action (NOPA) with proposed regulations for Flexible Demand Appliance 
Standards for Pool Controls. The CEC made documents available for a 45 -day 
comm ent period ending April 10 , 2023 , and held a public hearing on April 11 , 2023.  The 
CEC made  changes  based on comments received and posted  notice for  an initial  15-
day language  revision  (June 2023)  for a 15-day comment period from June  23, 2023 , 
through  July 10, 2023.  
 
Based on comments received during th at written comment period, the CEC is proposing 
additional changes to the proposed regulations  shared on  June  23, 2023. Any 
interested persons are invited to review and provide written comments t o the 
CEC for consideration during this second  15-day comment period from 
September 1, 2023 , through September  18, 2023 . The CEC appreciates receiving 
written comments at the earliest possible date. Comments submitted after  September  
18, 2023 , are considered untimely and the CEC may, but is not required to, respond to 
untimely comments, including those raising significant issues . 
 
The CEC encourages use of its electronic commenting system. Visit the e-commenting 
page  at  https://www.energy.ca.gov/proceedings/energy -commission -
proceedings/flexible -demand -appliances/pool -controls   
which links to the comment page for this docket. Enter your contact information and a 
comment title describing the subject of your comment(s). Comments may be included in 
the “Comment Text” box or attached as a download able, searchable document 
consistent with 20 California Code of Regulations , section 1208.1. The maximum files 
size allowed is 10 MB.  
 
Written comments may also be submitted by email. Include docket number 23-FDAS -01 
in the subject line and email to docket @energy.ca.gov . 
  
A paper copy may be sent to:  
 
California Energy Commission  
Docket Unit  
Docket No. 23-FDAS -01 
715 P Street, MS -4 
Sacramento, CA 95814  
 
The proposed  second 15-day language and related documents are available for review 
on the CEC website  at https://www.energy.ca.gov/proceedings/energy -commission -
proceedings/flexible -demand -appliances/pool -controls  
 
The text of the proposed second 15-day language  (September  2023) is provided with 
this notice.  The second 15-day language ( September  2023) shows changes to the first 
15-day language  (June 2023) . Amendments included in the first  15-day notice  (June 
2023)  are shown in double strikethrough ( example ) for deletions and double underline 
(example ) for additions . Additional amendments being proposed for a second 15 -day 
public comment period are shown in italics single strike ( example ) for deletions a nd 
italics single underline ( example ) for additions . 
 
In the Final Statement of Reasons, to be prepared following adoption  of this rulemaking 
by the CEC , staff will respond to all comments received on the record during the open 
public comment periods. The Administrative Procedure Act requires that staff respond 
to comments received regarding all noticed changes. Therefore, staff will only address 
comments r eceived during this 15 -day comment period that are responsive to this 
notice, documents added to the record, or the changes detailed in the proposed second 
15-day language at the above -referenced website.  
 
To stay informed about this proceeding and receive  documents and notices of 
upcoming workshops and hearings as they are filed, please subscribe to the proceeding 
email subscription https://www.energy.ca.gov/proceedings/energy -commission -
proceedings/flexible -demand -appliances/pool -controls . The email subscription sends 
out email notifications and direct links when documents and notices are filed in the  
proceeding docket. If you are unable to access the website and would like a copy of the 
rulemaking documents mailed or emailed to you, or if you have any questions, please 
contact Corrine Fishman at corrine.fishman@energy.ca.gov . 
 
The CEC’s Public Advisor  provides the public with assistance in participating in CEC 
proceedings. If you want information on how to participate in this forum, please contact 
the Public Advisor at publicadvisor@energy.ca.gov , or by phone at (916) 957 -7910. 
Requests for language se rvices and reasonable accommodation  should be made as 
soon as possible or at least five days in advance. The CEC will work diligently to 
accommodate late requests.  
 
Direct media inquiries to the Media and Public Communications Office at (916) 654 - 
4989, or  by email at mediaoffice@energy.ca.gov .  
Summary of Proposed Modifications  
The following summary does not include all modifications to correct typographical or 
grammatical errors, changes in numbering or formatting, nor does it include all the non -
substant ive revisions made to improve clarity.  Modifications to the proposed  regulation  
sections  are listed below.  
 
1. Changes to Section 169 1. Definitions . 
• (a) General Definitions . Modified  definitions with input from stakeholders  
to add clarity . 
i. Modified “Consent” definition by removing unnecessary content in 
order to improv e clarity  and conciseness . 
ii. Added “ Consumer” definition to improve clarity  and language 
consistency . 
iii. Added “Customer” definition to improve clarity  and language  
consistency . 
iv. Modified “Flexible Demand” definition with a non -substantive edit to 
improve clarity.  
v. Modified “Load -Serving Entity”  definition to ensure consistency with 
the statutory definition s in Public Resources Code section  
25402(f)(7)  and Public Utilities Code 331.1 . 
vi. Added “Local publicly owned electric utility ” definition to improve 
clarity and language consistency.  
vii. Modified “Personal Information” definition to  align to existing 
California Civil Code section 1798.140(v)  and ensure consistency 
with relevant law . 
viii. Removed “ Radio broadcast data system receiver ” definition 
because it is no longer needed in this version of the regulatory 
language.  
ix. Modified  “Security  feature ” definition  to improve clarity and 
language consistency.  
 
(b) Pool Controls . Modified definitions with input from stakeholders to 
add clarity . 
i. Modified  “Direct load control switch” definition to help clarify pool 
control  definitions  by removing “clock -operated” . 
ii. Modified  “Heater switch” definition to help clarify pool control 
definitions  by removing “clock -operated”.  
iii. Removed “ Integral” definition  to help cl arify the proposed 
regulatory language because the word “integral”  could be  
unintentionally interpreted as having  regulatory  effect . 
iv. Modified  “Pool  equip ment ” definition to remove “including, but not 
limited  to,..” and the list of equipment  “pool pumps , electric pool 
heaters, electrolytic  chlorinators, lights , cleaners, and water 
features”  to improve the clarity of the definition.  v. Modified “Pool control” definition to remove “i ndependently ” to add 
clarity to the defin ition.  
vi. Modified “Pool control” definition to add the word “filter” to clarify 
for the type of pool pump . 
vii. Modified “Pool control” definition to r estructure  exclusions to the 
definition  into a list . Items (A) and (B) contain the same content  as 
presented in the first 15 -day language. Item (C)  adds a n exclusion 
needed to maintain the original scope of the proposed regulatory 
language . 
viii. Modified “Pool pump switch ” definition to remove “ clock operated”  
to allow for cloud -based controls . 
ix. Modified “Pool timer” definition to remove “clock operated ” to 
allow for cloud -based controls . 
x. Modified  table of documents that are incorporated by reference in 
section 1691 to remove the document related to radio broadcast 
data systems because it is no longer needed in this version of the 
regulatory language.  
 
2. Changes to Section 169 2. General Requirements . 
(c) Cybersecurity . Clarified  “(3) Data Protection ”, “(4) Authentication ”,  
“(5) Software Update” , and “(8) Override Function”  by adding  
and removing text . 
i. Modified  (3) Data Protection  to add “ customer  or” to the scope 
for consisten cy and to ensure unifor m application of  data 
protection  requirements . 
ii. Modified (4) Authentication  to remove “NERC ” to avoid 
confusion and avoid duplication  because “NERC ” is already 
referenced in the upper level  for this section . 
iii. Modified (5) Software Update  to add clarity  that this section 
applies to the customer  and the consumer . Four locations have 
been updated  within this sub-section . 
iv. Modified (8) Override  Function  to add clarity that this section 
applies to the customer and the consumer.  
 
3. Changes to Section 169 3. Appliance Specific S tandards and  Requirements . 
(b) Pool Controls . Clarified effective date, communication requirements , 
connectivity requirements , and clock requirements  by adding and 
removing text.  
i. Modified (1) Effective date  to recognize and align to pending  
changes to federal law and provide an outer limit on effective date 
if said changes are subject to delay . 
ii. Removed  (2) Flexible demand appliance standards ( A) (1) 
based on concerns relating to cost and cost effectiveness of the 
requirement and the need for additional analysis . 
iii. Modified  (2) Flexible demand appliance standards (A) ( 2) to 
remove radio broadcast data system receiver requirement  and, separately, to remove specification of effective date . Subsection 
numbering  updated from “2” to “ 1” because  subsection “1” is now 
removed.  
iv. Modified (2) Flexible demand appliance standards (B)  to add 
clarity for the minimum local controls required.  
v. Modified (2) Flexible demand appliance standards (B) ( 1)(b) to 
remove radio broadcast data system receiver requirement  based 
on concerns relating to cost and cost effectiveness of the 
requirement and  the need for additional analysis . 
vi. Modified (2) Flexible demand appliance standards (B)(2)  to 
specify minimum local manual control requirements as applicable 
only to basic start and stop operation of the pool filter pump and 
any dependent heaters and booster pumps.   
vii. Removed (2) Flexible demand appliance standards ( B)(2)(a) to 
improve clarity and language consistency  requiring pool controls 
to at l east have a local start/stop functionality  while allowing other 
controls to be accessed via an app or other  methods . 
viii. Modified (2) Flexible demand appliance standards (B) (3) to 
improve  clarity and language consistency.  
ix. Modified (2) Flexible demand appliance standards (B)(3) (a) to 
improve clarity and language consistency  to allow for app -base  or 
other  interfaces  as long as there is a local start/stop  on the 
device . 
x. Modified  (6) Communication ( A) to remo ve “sold or offered for 
sale in California and”  because it is duplicative and unnecessary,  
and remove specific section 1694 reference  to improve  clarity and 
language consistency . 
v. Modified (6) Communication ( B) to clarify that this provision 
applies to connected pool controls and not all connected  
“devi ces”. 
vi. Modified  (6) Communication (B) to add clarity and consistency 
for the use of “customer and consumer” . 
vii. Modified (6) Communication ( B) to remove specific section 1694 
reference to improve clarity . 
viii. Removed  (6) Communication  (C) because  radio  broadcast data 
receiver content requirements are no longer required in this 
version of the regulatory language.  
ix. Added  new subsection  (6) Communication  (C) to add clarity and 
to move the requirement from a general section to a pool control 
speci fic section , because  at this time  this provision is intended to 
only apply to pool controls . 
x. Added  (6) Communication ( D) to add clarity and consistency for 
connected pool controls that are capable of communicating  
additional information from a  general section to a pool control 
speci fic section , because at this time these requirements are only 
relevant to pool controls .  
4. Changes to Section 1694. Customer Consent . Adding clarity . 
i. Modified  subsection (b) to remove ambiguity and provide clarity for 
connected and connected capable appliance communication link 
functionality minimum re quirements  consistent with statutory 
direction . 
ii. Removed  subsection (c), (d), and (e) to remove real  time power 
draw requirement, radio broadcast data system requirements, to 
improve clarity , and to move  content that at this time is only 
relevant to pool controls from a general section to a pool control 
specific section.  
 
5. Changes to Section 1695.  Certifi cation Requirements.  Adding Authority and 
Reference Section for clarity.  
i. Modified  (a) Filing of Statements (2) (H) 3. to ensure the 
attestation of compliance covered all elements prescribed by the 
Article.  
ii. Added a note at the end of Section 1695  to provide  clarity for cited  
text. 
 
6. Changes to Section 169 6. Data Submittal Requirements . Updated Table A-1, 
Table A-2 and Table B -1 to reflect the changes made in the previous section . 
i. Modified Table A -1 to remove “Permissible” and replace it with 
“Possible” to provide clarity that the table entries show the answers 
that will be made possible by the filing materials provided for the 
submission of model  data, and is not intending to imply  that filers 
need  or lack permission to provide information about their products . 
ii. Modi fied line item in Table A -1 to remove “both” as a possible 
answer because by the proposed regulatory definitions it is not 
possible to be both a connected device and a connected ready 
device.  
iii. Modified line item in Table A -1 to remove “false” as a possible 
answer and add “Neither” as a possible answer.  
iv. Removed line item in Table A -1 for radio broadcast data systems 
because it is no longer needed in this version of the regulatory 
language.  
v. Relocated Table A -2 line item s relating to use of open standards 
for communication to Table B -1, as it is a requirement specific to 
pool controls , and reduced to a single entry to eliminate 
redundancy . 
vi. Removed Table A -2 line item  for updating on initial setup as it is no 
longer required in regulation.  
vii. Modified Table A -2 to remove “Permissible” and replace it with 
“Possible” to provide clarity that the table entries show the answers 
that will be made possible by the filing materials provided for the submission of model data, and is not intend ing to imply that filers 
need or lack permission to provide information about their products . 
viii. Modified Table A -2 line item  in two locations  to remove “users” and 
replace with “entities” for clarity and language consistency.  
ix. Modified Table A -2 line item  relating to the unique logical identifier 
to include specifying that the identifier was accessible to authorized 
entities.  
x. Added Table A -2 line items relating to plain text passwords  
consistent with cybersecurity requirements.  
xi. Modified Table A -2 line item relating to software updates to use 
clearer language that is more consistent with associated regulatory 
text. 
xii. Modified Table A -2 line item s to merge two items relating to device 
secu rity into a single item.  
xiii. Modified Table A -2 line item to remove “at any time” , consistent 
with removal of similar language from regulation.  
xiv. Modified Table A -2 line item to remove “the factory”  to avoid 
introducing an unneeded term that could require a regu latory 
definition.  
xv. Modified  Table B -1 to make formatting changes to the headings for 
consistency and to remove “Permissible ” and replace it with  
“Possible”  to provide clarity that the table entries show the answers 
that will be made possible by the filing materials provided for the 
submission of model data, and is not intending to imply that filers 
need or lack permission to provide information about their produ cts. 
xvi. Added  Table B -1 line item for communicating using open 
standards, relocating the item from Table A -2. 
xvii. Modified  Table B -1 line items relating to control interfaces for 
consistency with changes to regulatory requirements.  
xviii. Added  Table B -1 line item to cover marking requirements  
applicable to regulated pool controls.