MEMORANDUM

RE: Ex Parte Communications in Connection with

Docket No’s EERE-2008-BT-STD-0005-0089 and EERE-2014-BT-TP-0043

Energy Conservation Program: Energy Conservation Standards and Test Procedures for 

External Power Supplies

To: expartecommunications@hq.doe.gov 

From: Alex Boesenberg, Manager of Regulatory Affairs

National Electrical Manufacturers Association

Date: March 20, 2015

This memorandum memorializes a communication involving NEMA Ballast and Driver Section 

members and DOE staff in connection with this proceeding. The National Electrical 

Manufacturers Association (NEMA) appreciates the opportunity to meet with the Department of 

Energy’s staff regarding industry concerns for the application and coverage of Rules for External 

power Supplies.

Attendees of the meeting were as follows: John Cymbalsky (DOE), Ashley Armstrong (DOE), 

Steve Goering (DOE), Laura Barhydt (DOE), Tanya Hernandez (Acuity Brands), Keith Cook 

(Philips), Ernesto Mendoza (Philips), Russ Smith (Lutron), Joe Parisella (OSRAM Sylvania) and 

Alex Boesenberg (NEMA).

The principal purpose of the meeting was to discuss the scope, coverage and application of the 

Test Procedures and the Energy Conservation Standard for External Power Supplies (EPS). 

NEMA and its members reiterated their continuing confusion as to exactly which drivers/ballasts 

in their products are affected by the rulemakings, especially in light of DOE’s response in the 

Final Rule for EPS in which DOE stated “certain” solid state lighting (SSL) drivers are within 

scope1. The highly modular approach being used in SSL products, and in legacy products, 

yields flexibility in design options and the ability to use one driver for many products to reduce 

overall costs, but these devices are all meant to be integrated as a part of the SSL product and 

the power supplies are not typically bought and sold to consumers as individual components to 

be used later. Furthermore, the Test Procedure as written cannot be accurately applied to 

many/most lighting power supplies due to their design and construction. NEMA appreciates that 

the DOE has opened a rulemaking for adjusting the Test Procedure and we are trying to 

develop modifications to propose which will allow some ballasts and drivers to be tested, but we 

note that the existing standard’s requirements include parameters which ballasts and drivers 

cannot pass because they are not designed for them, i.e. the No Load Power test requirement. 

These requirements are not meant to be applied to most lighting power supplies, and so it 

follows they were not established to be accurately and fairly applied to lighting products.

NEMA understands that a modification of the statutory definition of an EPS might be the best 

course, due to the limitations on DOE’s authority in this matter. We will keep DOE apprised of 

any developments in this regard, along with any related proposals to adjust definitions or 

procedures within the DOE’s purview so as to improve the understanding of coverage and 

application of the test procedures.

 

1

See item B.3.: http://www.regulations.gov/#!documentDetail;D=EERE-2008-BT-STD-0005-0219
2

NEMA and its members again thank the U.S. Department of Energy for hosting the meeting and 

for considering the points made therein. We look forward to working with the DOE further on 

this important project. If you have any questions on these comments, please contact me at 703-

841-3268 or alex.boesenberg@nema.org.

Sincerely,

Alex Boesenberg

Manager, Regulatory Affairs

National Electrical Manufacturers Association