In the Matter of: 

SANYO E&E Corp., 

Petitioner 

BF~FORE THE 

U.S. DEPARTMENT OF ENERGY 

Washington, D.C. 20585 

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Case Number: 

PETITION FOR WAIVER 

SANYO E&E Corporation CSANYO E&E'") respectfully submits this Petition for 

Waiver ("Petition") pursuant to 10 C.F.R. § 430.27 on the ground that its hybrid wine 

chiller/beverage center models ("hybrid model(sr) listed below contain one or more design 

characteristics that prevent testing of the basic models according to the test procedures 

prescribed in 10 C.F.R. § 430, subpm1 B, appendix AI . Sanyo therefore requests that it be 

permitted to employ the altcrnative testing method detailed below, as it is currently impossible to 

test thcse hybrid modcls under the existing tcst procedures. 

1. Description of Applicant 

SANYO E&1:: is part of an international organization with many subsidiaries and 

affiliates, including in the United States. Further intormation can be found at 

http://wwvv.sanyo.col.ll. SANYO E&E"s core traditional business has been the production of 

compact and mid-size rcfi'igerators, freezers, wine storage appliances and other consum~rand 

commercial refrigeration products. SAN YO E&E, which is headquartered in San Diego, 

California, has been designing and selling these consumer and commercial refrigeration products 

since 1979. FUl1her, SANYO E&E produces products sold not only under the SANYO brand 

name, but also under multiple other brand names and which are sold in the United States by 

SANYO E&E"s customers. 

2. Background and General Information 

SANYO E&E is requesting a waiver with respect to the test procedures for its hybrid 

models that consist of a combination of a refrigerated "beverage" eompmiment in the top portion 

of these single-cabinet units and a wine storage compartment on the bottom of the units, and for 

which an alternative testing procedure is necessary in order to certify, rate, and sell such models. 

These hybrid models include the following basic models: JUB248LB, JUB248RB, JUB248LW, 

JUB248RW, KBC024LS, KBCS24LS, KBC024RS, KBCS24RS, and MBCM24FW. 

SANYO E&E understands that DOE does not wish to prevent manufacturers from 

marketing new, innovative products that will enhance consumers' well being and satisfaction. 

The market for wine storage products and related hybrid models has seen robust growth over the 

last few years and is expected to continue expanding for the foreseeable future. Therefore, there 

is a significant demand and need for these hybrid models. As discussed below, however, 

because of their unique design characteristics and temperature specifications, there is no way to 
certify, rate, and sell these hybrid models under the existing testing procedures, and a waiver is 

thus necessary. 

DOE has now clarified that it considers such hybrid models as covered products. 

Currently, however, there are no DOE testing procedures specifically tailored to hybrid models. 

Accordingly, the current testing requirements would not measure energy usage in a manner that 

truly represents the energy-consumption characteristics of these unique products, and, in fact, as 

described below, it would be impossible to test these models under the existing testing 

procedures. As DOE has previously stated, " [[Jully recognizing that product development occurs 

faster than the test procedure rulemaking process, the Depatiment's rules permit manufacturers 

of models not contemplated by the test procedures .. . to petition f()r a test procedure waiver in 

order to certify, rate, and sell such models." GC Enforcement Guidance on the Application of 

Waivers and on the Waiver Process at 2 (reI. Dec. 23, 2(10);1 see also DOE FAQ Guidance 

Regarding Coverage of Wine Chillers, Etc. in the R/F Standard/Test Procedure at 2 (reI. Feb. 10, 

2011) ("DOE recognizes the potential disparity in treatment among these hybrid products. As 

DOF indicated ... , the Department plans to engage in a future rulemaking to more 

comprehensively address these types of products."). 

Accordingly, SANYO E&E respectfully rcquests a waiver from the test proccdures 

prcscribed in 10 C.F.R. ~ 430, subpart B, appendix A I until such time as DOE issues test 

procedures tailored to the unique product characteristics of these hybrid models, as discussed 

below. 

3. Product Characteristics of SANYO E&E Hybrid Models 

As noted abovc, SANYO E&E's hybrid models consist of a combination of a rcfrigcrated 

"beverage" compartment in the top pOliion of these single-cabinet units and a wine storage 

compatiment on the bottom of the units. Wine connoisseurs recommend an avcrage of 55-57 OF 

for the long term storage of any kind of wine, and SANYO E&E has designed the wine storage 

compartments of its hybrid models with this ideal average temperature in mind . But because 

various types of wines have different ideal drinking temperatures (e.g. . some red wines are best 

served in the mid-sixties, while some white wines are ideally served in the mid-fOliies), SANYO 

F&E has designed the wine storage compartments of its hybrid models to operate between a 

minimum temperature of 45 OF and a maximum temperature of 64 °F. In fact, heaters are used to 

ensure that the temperature in the wine storage compartment never drops below 45 OF, as wines 

chilled below this temperature risk becoming crystallized and, therefore, ruined. Currently, 

however, DOE's testing procedures contained in 10 C.F.R. ~ 430, subpati B, appendix A I, 

mandate that energy consumption be measured when the compartment temperature is set at 

38 OF . Based on the design characteristics of its hybrid models noted above, however, SANYO 

E&E would need a waiver in order to properly "cetiify, rate, and sell such models," because the 

existing test procedures contained in 1 0 C.F.R. § 430, subpart B, appendix AI , do not 

contemplate a product that is designed to be incapable of achieving a temperature below 45 OF. 

In short, testing SAN YO E&E's hybrid models at 38 OF is simply not possible and not 

representative of the energy consumption characteristics of these models. 

Available at http://www.gc.energy.gov/documents/LargeCapacityRCW guidance~ 12221 O.pdf. 

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Further, the hybrid models will typically have a door-opening usage aligned with 

household freezers, thus 0.85 is the employed K factor (correction factor). See Appendix B 1 to 

Subpart 430, 5.2.1 .1, because Subpart 430 does not recognize wine chiller as a category. Thus, 

the K factor from CAN/CSA 300-08 6.3.1.2 and HRF-1-2007 8.7.2.1.1 is used. 

SANYO E&E's hybrid models listed above cUlTently cannot be tested under the existing 

regulations, without a waiver as sought herein. To evaluate the models in a manner truly 

representative of their actual energy consumption characteristics, the standard temperature of 

single wine coolers (55 OF) for the wine storage compartment and the standard temperature (38 

OF) for the refrigerated beverage compartment should be used. Therefore, the energy 

consumption is defined by the higher of the two values calculated by the following two formulas 

(according to 10 C.F.R. ~ 430, subpart B, Appendix AI): 

Energy consumption of the wine compartment: 

EWine --e BTl -+ [(ET2-ETI) x (55 °F-TWI) / (TW2--TWI)] *0.85 

Energy consumption of the refrigerated beverage compartment: 

EBeverage Compartment= ET I + [(ET2-ET 1) x (38 °F-TBC 1) / (TBC2- TBC 1 )]. 

The total adjusted volume of basic model MBCM24rw is 5.75 cubic feet. Using the 

standard temperature of 55 OF for the wine compartment the annual energy use of the model is 

436 kWh/year. According to current DOE standards, this model is classified as a compact 

refrigerator with automatic defrost without through-the-door ice service. 

The total adjusted volume of basic models JUB248LB, JUB248RB, JUB248LW, 

JUB248RW, KBC024LS, KBCS24LS, KBC024RS, KBCS24RS is 5.41 cubic feet. Using the 

standard temperature of 55 OF for the wine compartment the annual energy use of the model is 

thus 431 kWh/year. According to current DOE standards, these models are also classified as 

compact refrigerators with automatic defrost without through-the-door ice service. 

4. Manufacturers of Other Basic Models Marketed in the United States Known to 

Incorporate Similar Design Characteristics 

After reviewing publicly available product manuals of comparable hybrid models, 

SANYOE E&E was unable to locate a basic model marketed in the United States that 

incorporates similar design characteristics and that also would be considered a "covered product" 

under Section 430.62 of DOE's rules. 2 

SANYO E&E cannot guarantee that its search disclosed every possible competing model, as SANYO E&F 

ordinarily does not search for and retain this information in the nonnal course of business, but to the best of SANYO 

E&E's knowledge, certain GE hybrid models appear to be the closest substitutes to SANYO E&E's hybrid models 

in terms of both functionality and design characteristics. However, GF represents in its product manuals that its 

hybrid models, specifically, ZDBC240, ZDBT240, ZDBR240, and ZDBI240, do not achieve temperatures below 40 

OF and thus would not be considered a covered product under DOE regulations. SANYO 1::&1:: is uncertain if GE 

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If DOE requires any additional infOlmation to properly consider this Petition for Waiver, 

please do not hesitate to contact the undersigned. 

Respectfully submitted, 

Kenji 

.-~ Maru 

President 

SANYO E&E Corp. 

u_ad/7r~ I\lan G. Fishel 

I\dam D. Bowser 

I\RINT Fox LLP 

1050 Connecticut Avenue, NW 

Washington, DC 20036-5369 

(202) 857-6450 

Ii s h d. a I an ~~aren tfo x. co m 

bowser.adam@arentfox. colll 

means that the average temperature of the entire cabinet does not drop below 40 "F, which is the case with all 

SANYO E&E's hybrid models, or whether GE is representing that no portion of its single-cabinet models can 

achieve temperatures below 40 of. Based on this uncertainty, SANYO E&E excluded Gf::: from this section. 

SANYO E&E's research did not reveal any other basic models that, after review of the design characteristics, were 

comparable to SANYO E&E's hybrid models. 

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