10046 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No.15056–000] 

Premium Energy Holdings, LLC; Notice 

of Preliminary Permit Application 

Accepted for Filing and Soliciting 

Comments, Motions To Intervene, and 

Competing Applications 

On November 19, 2020, Premium 

Energy Holdings, LLC, filed an 

application for a preliminary permit, 

pursuant to section 4(f) of the Federal 

Power Act (FPA), proposing to study the 

feasibility of the Ashokan Pumped 

Storage Project to be located 14 miles 

west of the City of Kingston in Ulster 

County, New York. The sole purpose of 

a preliminary permit, if issued, is to 

grant the permit holder priority to file 

a license application during the permit 

term. A preliminary permit does not 

authorize the permit holder to perform 

any land-disturbing activities or 

otherwise enter upon lands or waters 

owned by others without the owners’ 

express permission. 

The proposed project would consist of 

the following: (1) A new 2,618-foot-long, 

212-foot-high roller-compacted concrete 

dam for the upper reservoir for 

alternative 1 (Stony Clove Reservoir) 

with a surface area of 245 acres and a 

storage capacity 22,496 acre-feet at a 

surface elevation of 1,500 feet above 

mean sea level (msl); (2) a new 2,736- 

foot-long, 232-foot-high rollercompacted concrete dam for the upper 

reservoir for alternative 2 (Woodland 

Reservoir) with a surface area of 313 

acres and a storage capacity 26,231 acrefeet at a surface elevation of 1,210 feet 

msl; (3) a new 2,527-foot-long, 304-foothigh roller-compacted concrete dam for 

the upper reservoir for alternative 3 

(Wittenberg Reservoir) with a surface 

area of 226 acres and a storage capacity 

25,558 acre-feet at a surface elevation of 

1,180 feet msl; (4) the existing Ashokan 

Reservoir for the lower reservoir with a 

surface area of 8,300 acres and a storage 

capacity of 382,358 acre-feet at a surface 

elevation of 585 feet msl; (5) new 13.99- 

mile-long tunnels, shafts, and penstocks 

for alternative 1 connecting the upper 

and lower reservoirs; (6) new 11.58- 

mile-long tunnels, shafts, and penstocks 

for alternative 2 connecting the upper 

and lower reservoirs; (7) new 3.81-milelong tunnels, shafts, and penstocks for 

alternative 3 connecting the upper and 

lower reservoirs; (8) a new 500-footlong, 125-foot-wide, 150-foot-high 

underground reinforced-concrete 

powerhouse containing five turbinegenerator units with a total rated 

capacity of 800 megawatts; (9) a 17.3- 

mile-long, 230-kilovolt new 

transmission line for alternatives 1 and 

2 from the proposed Ashokan 

switchyard to the existing Hurley 

avenue substation; (10) a 12.9-mile-long, 

230-kilovolt new transmission line for 

alternative 3 from the proposed 

Ashokan switchyard to the existing 

Hurley avenue substation; and (11) 

appurtenant facilities. The proposed 

project would have a maximum annual 

generation of 2,700 gigawatt-hours. 

Applicant Contact: Victor M. Rojas, 

Premium Energy Holdings, LLC, 355 

South Lemon Avenue, Suite A, Walnut, 

CA 91789; phone: 909–595–5314. 

FERC Contact: Woohee Choi; phone: 

(202) 502–6336. 

Deadline for filing comments, motions 

to intervene, competing applications 

(without notices of intent), or notices of 

intent to file competing applications: 60 

days from the issuance of this notice. 

Competing applications and notices of 

intent must meet the requirements of 18 

CFR 4.36. 

The Commission strongly encourages 

electronic filing. Please file comments, 

motions to intervene, notices of intent, 

and competing applications using the 

Commission’s eFiling system at https:// 

ferconline.ferc.gov/eFiling.aspx. 

Commenters can submit brief comments 

up to 6,000 characters, without prior 

registration, using the eComment system 

at https://ferconline.ferc.gov/ 

QuickComment.aspx. You must include 

your name and contact information at 

the end of your comments. For 

assistance, please contact FERC Online 

Support. In lieu of electronic filing, you 

may submit a paper copy. Submissions 

sent via the U.S. Postal Service must be 

addressed to: Kimberly D. Bose, 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street NE, Room 

1A, Washington, DC 20426. 

Submissions sent via any other carrier 

must be addressed to: Kimberly D. Bose, 

Secretary, Federal Energy Regulatory 

Commission, 12225 Wilkins Avenue, 

Rockville, Maryland 20852. The first 

page of any filing should include docket 

number P–15056–000. 

More information about this project, 

including a copy of the application, can 

be viewed or printed on the ‘‘eLibrary’’ 

link of the Commission’s website at 

http://www.ferc.gov/docs-filing/ 

elibrary.asp. Enter the docket number 

(P–15056) in the docket number field to 

access the document. For assistance, 

contact FERC Online Support. 

Dated: February 11, 2021. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2021–03272 Filed 2–17–21; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

[Case Number 2020–010; EERE–2020–BT– 

WAV–0026] 

Energy Conservation Program: 

Notification of Petition for Waiver of 

Hussmann Corporation From the 

Department of Energy Walk-In Coolers 

and Walk-In Freezers Test Procedure 

and Notice of Grant of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of petition for 

waiver and grant of an interim waiver; 

request for comments. 

SUMMARY: This document announces 

receipt of and publishes a petition for 

waiver and interim waiver from 

Hussmann Corporation (‘‘Hussmann’’), 

which seeks a waiver for specified 

carbon dioxide (‘‘CO2’’) direct 

expansion unit cooler basic models from 

the U.S. Department of Energy (‘‘DOE’’) 

test procedure used to determine the 

efficiency of walk-in cooler and walk-in 

freezer refrigeration systems. DOE also 

gives notice of an Interim Waiver Order 

that requires Hussmann to test and rate 

the specified CO2 direct expansion unit 

cooler basic models in accordance with 

the alternate test procedure set forth in 

the Interim Waiver Order. DOE solicits 

comments, data, and information 

concerning Hussmann’s petition and its 

suggested alternate test procedure so as 

to inform DOE’s final decision on 

Hussmann’s waiver request. 

DATES: The Interim Waiver Order is 

effective on February 18, 2021. Written 

comments and information will be 

accepted on or before March 22, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

http://www.regulations.gov. 

Alternatively, interested persons may 

submit comments, identified by case 

number ‘‘2020–010’’, and Docket 

number ‘‘EERE–2020–BT–WAV–0026,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

HussmannWICF2020WAV0026@

ee.doe.gov. Include Case No. 2020–010 

in the subject line of the message. 

• Postal Mail: Appliance and 

Equipment Standards Program, U.S. 


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Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices 10047 

1The petition did not identify any of the 

information contained therein as confidential 

business information. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Office, Mail Stop 

EE–5B, Petition for Waiver Case No. 

2020–010, 1000 Independence Avenue 

SW, Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (‘‘CD’’), in which case it is 

not necessary to include printed copies. 

• Hand Delivery/Courier: Appliance 

and Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, 950 L’Enfant Plaza 

SW, 6th Floor, Washington, DC 20024. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

No telefacsimilies (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

http://www.regulations.gov. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

However, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

The docket web page can be found at 

http://www.regulations.gov/docket?

D=EERE-2020-BT-WAV-0026. The 

docket web page contains instruction on 

how to access all documents, including 

public comments, in the docket. See the 

SUPPLEMENTARY INFORMATION section for 

information on how to submit 

comments through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lucy deButts, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, Mail Stop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. Email: 

AS_Waiver_Request@ee.doe.gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–33, Forrestal Building, 

1000 Independence Avenue SW, 

Washington, DC 20585–0103. 

Telephone: (202) 586–8145. Email: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE is 

publishing Hussmann’s petition for 

waiver in its entirety in appendix A to 

this document, pursuant to 10 CFR 

431.401(b)(1)(iv). 1 DOE invites all 

interested parties to submit in writing 

by March 22, 2021, comments and 

information on all aspects of the 

petition, including the alternate test 

procedure. Pursuant to 10 CFR 

431.401(d), any person submitting 

written comments to DOE must also 

send a copy of such comments to the 

petitioner. The contact information for 

the petitioner is Ronald Shebik, 

ron.shebik@hussmann.com, 12999 St. 

Charles Rock Road, Bridgeton, MO 

63044. 

Submitting comments via http://

www.regulations.gov. The http://

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. If 

this instruction is followed, persons 

viewing comments will see only first 

and last names, organization names, 

correspondence containing comments, 

and any documents submitted with the 

comments. 

Do not submit to http://

www.regulations.gov information for 

which disclosure is restricted by statute, 

such as trade secrets and commercial or 

financial information (hereinafter 

referred to as Confidential Business 

Information (‘‘CBI’’)). Comments 

submitted through http://

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through http://www.regulations.gov 

before posting. Normally, comments 

will be posted within a few days of 

being submitted. However, if large 

volumes of comments are being 

processed simultaneously, your 

comment may not be viewable for up to 

several weeks. Please keep the comment 

tracking number that http://

www.regulations.gov provides after you 

have successfully uploaded your 

comment. 

Submitting comments via email, hand 

delivery/courier, or postal mail. 

Comments and documents submitted 

via email, hand delivery/courier, or 

postal mail also will be posted to http:// 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. If you 

submit via postal mail or hand delivery/ 

courier, please provide all items on a 

CD, if feasible, in which case it is not 

necessary to submit printed copies. 

Faxes will not be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit via email, postal mail, or 

hand delivery/courier two well-marked 

copies: One copy of the document 

marked confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

‘‘non-confidential’’ with the information 

believed to be confidential deleted. 

Submit these documents via email or on 


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10048 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices 

2All references to EPCA in this document refer 

to the statute as amended through America’s Water 

Infrastructure Act of 2018, Public Law 115–270 

(Oct. 23, 2018). 

3For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated as Part A–1. 

4A notation in the form ‘‘Hussmann, No.1’’ 

identifies a written submission: (1) Made by 

Hussmann; and (2) recorded in document number 

1 that is filed in the docket of this petition for 

waiver (Docket No. EERE–2020–BT–WAV–0026) 

and available at http://www.regulations.gov/ 

docket?D=EERE-2020-BT-WAV-0026. 

5The test procedure specifies the unit cooler 

refrigerant inlet condition in terms of a saturation 

temperature (the temperature at which it completes 

the condensation process in a condenser) and the 

subcooling temperature (additional reduction in 

temperature lower than the specified saturation 

temperature). For CO2, the critical temperature 

above which there cannot exist separate liquid and 

gas phases is below the saturation condition 

a CD, if feasible. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

Case Number 2020–010 

Interim Waiver Order 

I. Background and Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),2 authorizes 

the U.S. Department of Energy (‘‘DOE’’) 

to regulate the energy efficiency of a 

number of consumer products and 

certain industrial equipment (42 U.S.C. 

6291–6317). Title III, Part C 3 of EPCA 

(42 U.S.C. 6311–6316, as codified), 

added by the National Energy 

Conservation Policy Act, Public Law 

95–619, sec. 441 (Nov. 9, 1978), 

established the Energy Conservation 

Program for Certain Industrial 

Equipment, which sets forth a variety of 

provisions designed to improve the 

energy efficiency for certain types of 

industrial equipment. Through 

amendments brought about by the 

Energy Independence and Security Act 

of 2007, Public Law 110–140, sec. 312 

(Dec. 19, 2007), this equipment includes 

walk-in cooler and walk-in freezer 

(collectively, ‘‘walk-in’’) refrigeration 

systems, the focus of this document (42 

U.S.C. 6311(1)(G)). 

The energy conservation program 

under EPCA consists essentially of four 

parts: (1) Testing, (2) labeling, (3) 

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. Relevant provisions of 

EPCA include definitions (42 U.S.C. 

6311), energy conservation standards 

(42 U.S.C. 6313), test procedures (42 

U.S.C. 6314), labeling provisions (42 

U.S.C. 6315), and the authority to 

require information and reports from 

manufacturers (42 U.S.C. 6316). 

The Federal testing requirements 

consist of test procedures that 

manufacturers of covered equipment 

must use as the basis for: (1) Certifying 

to DOE that their equipment complies 

with the applicable energy conservation 

standards adopted pursuant to EPCA (42 

U.S.C. 6316(a); 42 U.S.C. 6295(s)), and 

(2) making representations about the 

efficiency of that equipment (42 U.S.C. 

6314(d)). Similarly, DOE must use these 

test procedures to determine whether 

the covered equipment complies with 

relevant standards promulgated under 

EPCA. (42 U.S.C. 6316(a); 42 U.S.C. 

6295(s)) 

Under 42 U.S.C. 6314, EPCA sets forth 

the criteria and procedures DOE is 

required to follow when prescribing or 

amending test procedures for covered 

equipment. EPCA requires that any test 

procedures prescribed or amended 

under this section must be reasonably 

designed to produce test results which 

reflect the energy efficiency, energy use 

or estimated annual operating cost of 

covered equipment during a 

representative average use cycle and 

requires that test procedures not be 

unduly burdensome to conduct (42 

U.S.C. 6314(a)(2)). The test procedure 

for walk-in refrigeration systems is 

contained in the Code of Federal 

Regulations (‘‘CFR’’) at 10 CFR part 431, 

subpart R, appendix C, Uniform Test 

Method for the Measurement of Net 

Capacity and AWEF of Walk-In Cooler 

and Walk-In Freezer Refrigeration 

Systems (‘‘Appendix C’’). 

Under 10 CFR 431.401, any interested 

person may submit a petition for waiver 

from DOE’s test procedure 

requirements. DOE will grant a waiver 

from the test procedure requirements if 

DOE determines either that the basic 

model for which the waiver was 

requested contains a design 

characteristic that prevents testing of the 

basic model according to the prescribed 

test procedures, or that the prescribed 

test procedures evaluate the basic model 

in a manner so unrepresentative of its 

true energy consumption characteristics 

as to provide materially inaccurate 

comparative data. 10 CFR 431.401(f)(2). 

A petitioner must include in its petition 

any alternate test procedures known to 

the petitioner to evaluate the 

performance of the equipment type in a 

manner representative of the energy 

consumption characteristics of the basic 

model. 10 CFR 431.401(b)(1)(iii). DOE 

may grant the waiver subject to 

conditions, including adherence to 

alternate test procedures specified by 

DOE. 10 CFR 431.401(f)(2). 

As soon as practicable after the 

granting of any waiver, DOE will 

publish in the Federal Register a notice 

of proposed rulemaking to amend its 

regulations so as to eliminate any need 

for the continuation of such waiver. 10 

CFR 431.401(l). As soon thereafter as 

practicable, DOE will publish in the 

Federal Register a final rule to that 

effect. Id. 

The waiver process also provides that 

DOE may grant an interim waiver if it 

appears likely that the underlying 

petition for waiver will be granted and/ 

or if DOE determines that it would be 

desirable for public policy reasons to 

grant immediate relief pending a 

determination on the underlying 

petition for waiver. 10 CFR 

431.401(e)(2). Within one year of 

issuance of an interim waiver, DOE will 

either: (i) Publish in the Federal 

Register a determination on the petition 

for waiver; or (ii) publish in the Federal 

Register a new or amended test 

procedure that addresses the issues 

presented in the waiver. 10 CFR 

431.401(h)(1). 

When DOE amends the test procedure 

to address the issues presented in a 

waiver, the waiver will automatically 

terminate on the date on which use of 

that test procedure is required to 

demonstrate compliance. 10 CFR 

431.401(h)(2). 

II. Hussmann’s Petition for Waiver and 

Interim Waiver 

On July 16, 2020, Hussmann filed a 

petition for waiver and interim waiver 

from the test procedure for walk-in 

refrigeration systems set forth at 10 CFR 

part 431, subpart R, appendix C 

(Hussmann, No. 1 at p. 1 4). Hussmann 

also included Appendix I to their 

petition with clarifications and 

responses to two questions posed to 

Hussmann by DOE regarding their CO2

direct expansion unit cooler subject 

basic models (Hussmann, No. 1 at 

p. 7–8). Hussmann claims that the test 

conditions described in Table 15 and 

Table 16 of the Air-Conditioning, 

Heating, and Refrigeration Institute 

(‘‘AHRI’’) Standard 1250–2009, 

Standard for Performance Rating of 

Walk-In Coolers and Freezers (‘‘AHRI 

1250–2009’’) (for walk-in refrigerator 

unit coolers and freezer unit coolers 

tested alone, respectively), as 

incorporated by Appendix C with 

modification, cannot be achieved by the 

specified basic models and are not 

consistent with operation of 

Hussmann’s CO2 direct expansion unit 

coolers. Hussmann stated that CO2 has 

a critical temperature of 87.8 °F 5, and 


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Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices 10049 

specified in the test procedure, hence the specified 

condition cannot be achieved. 

6Absolute pressure is the pressure measured 

relative to a complete vacuum; ‘‘psia’’ represents 

the absolute pressure in pounds per square inch. 

thus the required liquid inlet saturation 

temperature of 105 °F and the required 

liquid inlet subcooling temperature of 9 

°F required in DOE’s test procedure are 

not achievable, and that the test 

conditions should be more consistent 

with typical operating conditions for a 

transcritical CO2 booster system 

(Hussmann, No. 1 at p.3). 

The statements made by Hussmann 

reference the difference in 

thermodynamic properties between CO2

and other refrigerants. At modest 

pressures (i.e. below the critical point), 

many substances transition from a solid 

to a liquid to a gas as temperature 

increases. For example, a pure 

substance like water transitions from 

liquid to steam at a specific 

temperature, e.g. 212 °F, at atmospheric 

pressure. As heat is added during a 

liquid to gas transition, the temperature 

remains constant and the substance 

coexists as both liquid and vapor. 

Continuing to add heat converts more of 

the liquid to vapor at a constant 

temperature. The reverse occurs when 

heat is removed. However, the transition 

temperature depends on the pressure— 

the higher the pressure, the higher the 

transition temperature. This is a key 

principle in refrigeration systems, 

which operate at two pressure levels 

associated with two temperatures. A 

refrigerant absorbs heat when it is at a 

low temperature and pressure, 

converting to gas and cooling the 

surrounding space. At high temperature 

and pressure, the refrigerant transitions 

to a liquid while releasing heat to the 

environment. A compressor is used to 

raise the low-pressure gas to a high 

pressure, and a throttle (pressure 

reduction device) is used to reduce the 

pressure once the refrigerant has been 

fully liquefied (condensed) at high 

pressure. 

All refrigerants have a ‘‘critical 

pressure’’ and an associated ‘‘critical 

temperature’’ above which liquid and 

vapor phases cannot coexist. Above this 

critical point, the refrigerant will be a 

gas and its temperature will increase or 

decrease as heat is added or removed. 

For all conventional refrigerants, the 

critical pressure is so high that it is 

never exceeded in typical refrigeration 

cycles. For example, R404A is a 

common refrigerant used in refrigeration 

systems that has a critical pressure of 

540.8 psia 6 with an associated critical 

temperature of 161.7 °F. However, CO2

behaves differently, with a critical 

pressure of 1,072 psia associated with a 

much lower critical temperature of 87.8 

°F. The refrigerant temperature must be 

somewhat higher than the ambient 

temperature in order to reject 

refrigeration cycle heat to the ambient 

environment. Ambient temperatures 

greater than 87.8 °F are common and the 

performance of many refrigeration and 

air conditioning systems are tested 

using a 95 °F ambient temperature, as 

indicated by the A test condition in 

AHRI 1250–2009 Section 5. At 

temperatures greater than the critical 

temperature, the CO2 refrigerant is in a 

supercritical state (i.e. a condition with 

pressure above the critical temperature) 

and heat is transferred to the 

environment. Since useful cooling is 

provided below the critical temperature, 

CO2 cycles are said to be transcritical. 

The transcritical nature of CO2

generally requires more complex 

refrigeration cycle design to approach 

the efficiency of traditional refrigerants 

(i.e., R404A, R407A, R448A, etc.) during 

operation in high temperature 

conditions. To increase efficiency and 

prevent overheating, transcritical 

booster systems introduce (or use) 

multiple stages of compression and 

intercooling. CO2 is cooled in the gas 

cooler of a transcritical booster system, 

then expands through a high-pressure 

control valve and is delivered to a 

subcritical-pressure flash tank. In the 

flash tank, the refrigerant is in the 

subcritical phase and the liquid and 

vapor phases can be separated. A unit 

cooler in a CO2 booster system would be 

supplied with liquid refrigerant from 

the flash tank via expansion valves 

where the refrigerant is evaporated. The 

evaporated refrigerant is subsequently 

compressed up to gas cooler pressure to 

complete the cycle (Hussmann, No. 5). 

Hussmann also requests an interim 

waiver from the existing DOE test 

procedure. DOE will grant an interim 

waiver if it appears likely that the 

petition for waiver will be granted, and/ 

or if DOE determines that it would be 

desirable for public policy reasons to 

grant immediate relief pending a 

determination of the petition for waiver. 

See 10 CFR 431.401(e)(2). 

Based on the assertions in the 

petition, absent an interim waiver, the 

prescribed test procedure is not 

appropriate for Hussmann’s CO2 direct 

expansion unit coolers and the test 

conditions are not achievable, since CO2

refrigerant has a critical temperature of 

87.8 °F and the current DOE test 

procedure calls for a liquid inlet 

saturation temperature of 105 °F. The 

inability to achieve test conditions for 

the stated basic models would result in 

economic hardship from loss of sales 

stemming from the inability of the DOE 

test procedure to address the operating 

conditions of Hussmann’s equipment. 

III. Requested Alternate Test Procedure 

EPCA requires that manufacturers use 

the applicable DOE test procedures 

when making representations about the 

energy consumption and energy 

consumption costs of covered 

equipment (42 U.S.C. 6314(d)). 

Consistency is important when making 

representations about the energy 

efficiency of equipment, including 

when demonstrating compliance with 

applicable DOE energy conservation 

standards. Pursuant to 10 CFR 431.401, 

and after consideration of public 

comments on the petition, DOE may 

establish in a subsequent Decision and 

Order an alternate test procedure for the 

basic models addressed by the Interim 

Waiver Order. 

Hussmann seeks to test and rate 

specific CO2 direct expansion unit 

cooler basic models with modifications 

to the DOE test procedure. Hussmann’s 

suggested approach specifies using 

modified liquid inlet saturation and 

liquid inlet subcooling temperatures of 

38 °F and 5 °F, respectively, for both 

walk-in refrigerator unit coolers and 

walk-in freezer unit coolers. 

Additionally, Hussmann recommends 

that because the subject units are used 

in transcritical CO2 booster systems, the 

calculations in AHRI 1250–2009 section 

7.9 should be used to determine the 

Annual Walk-in Efficiency Factor 

(‘‘AWEF’’) and net capacity for unit 

coolers matched to parallel rack systems 

as required under the DOE test 

procedure. This section of AHRI 1250– 

2009 is prescribed by the DOE test 

procedure for determining AWEF for all 

unit coolers tested alone (see 10 CFR 

part 431, subpart R, appendix C, section 

3.3.1). Finally, Hussmann also suggested 

that AHRI 1250–2009 Table 17 (EER 

[Energy Efficiency Ratio] for Remote 

Commercial Refrigerated Display 

Merchandisers and Storage Cabinets) 

should be used to determine EER values 

and power consumption for the subject 

CO2 direct expansion unit cooler 

systems as required under the DOE test 

procedure. 

IV. Interim Waiver Order 

DOE has reviewed Hussmann’s 

application, its suggested testing 

approach, industry materials regarding 

CO2 transcritical booster systems, and 

Hussmann’s consumer-facing materials, 

including websites and product 

specification sheets for the basic models 

listed in Hussmann’s petition. Based on 

this review, the suggested testing 

approach appears to allow for the 


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accurate measurement of energy 

efficiency of the specified basic models, 

while alleviating the testing issues 

associated with Hussmann’s 

implementation of walk-in cooler and 

walk-in freezer testing for these basic 

models. Review of the CO2 refrigeration 

market confirms that the test conditions 

of the testing approach suggested by 

Hussmann would be representative for 

operation of a unit cooler used in a 

transcritical CO2 booster system. CO2

that is cooled in the gas cooler of a 

transcritical booster system expands 

through a high-pressure control valve 

that delivers CO2 to a subcriticalpressure flash tank, where liquid and 

vapor phases of the refrigerant are 

separated. The liquid is then split and 

the unit coolers receive the refrigerant at 

the same condition, consistent with the 

use of the same liquid inlet saturation 

temperature for both the medium- and 

low-temperature systems in Hussmann’s 

suggested test approach. Calculations on 

other external CO2 refrigeration system 

designs in the market indicate that the 

38 °F liquid unit cooler inlet saturation 

temperature suggested by Hussmann is 

representative of CO2 booster systems 

(Hussmann, No.5). Regarding use of the 

EER values in AHRI 1250–2009 Table 17 

to determine the representative 

compressor power consumption for CO2

unit cooler systems, research into the 

performance of different configurations 

of CO2 booster systems shows that 

enhanced CO2 cycles (like those used in 

transcritical booster systems) can match 

conventional refrigerants in average 

annual efficiency (Hussmann, No. 2). 

The findings from this research, along 

with the other collective factors 

previously noted, justifies the use of the 

EER values in AHRI 1250–2009 Table 17 

for determining the power consumption 

for CO2 booster system evaporators, 

despite these EER values being initially 

established for systems using 

conventional refrigerants. Consequently, 

DOE has determined that Hussmann’s 

petition for waiver likely will be 

granted. Furthermore, DOE has 

determined that it is desirable for public 

policy reasons to grant Hussmann 

immediate relief pending a 

determination of the petition for waiver. 

For the reasons stated, it is ordered 

that: 

(1) Hussmann must test and rate the 

following CO2 direct expansion unit 

cooler basic models with the alternate 

test procedure set forth in paragraph (2). 

Basic Models for Which a Waiver is 

Requested: 

Manufacturer Brand Basic model 

Hussmann ......... Krack ... KRD***-***C***. 

Hussmann ......... Krack ... G*D***-***C***. 

Hussmann ......... Krack ... LHD***-***C***. 

Hussmann ......... Krack ... MKD***-***C***. 

(2) The Hussmann basic models 

identified in paragraph (1) of this 

Interim Waiver Order shall be tested 

according to the test procedure for walkin cooler and walk-in freezer 

refrigeration systems prescribed by DOE 

at 10 CFR part 431, subpart R, appendix 

C (‘‘Appendix C’’), except that the liquid 

inlet saturation temperature test 

condition and liquid inlet subcooling 

temperature test condition shall be 

modified to 38 °F and 5 °F, respectively, 

for both walk-in refrigerator unit coolers 

and walk-in freezer unit coolers, as 

detailed below. All other requirements 

of Appendix C and DOE’s regulations 

remain applicable. 

In Appendix C, under section 3.1. 

General modifications: Test Conditions 

and Tolerances, revise section 3.1.5., to 

read as follows: 

3.1.5. Tables 15 and 16 shall be 

modified to read as follows: 

TABLE 15—REFRIGERATOR UNIT COOLER

Test description 

Unit cooler 

air entering 

dry-bulb, °F 

Unit cooler 

air entering 

relative 

humidity, % 

Saturated 

suction 

temp, °F 

Liquid inlet 

saturation 

temp, °F 

Liquid inlet 

subcooling 

temp, °F 

Compressor 

capacity Test objective 

Off Cycle Fan Power ..................... 35 <50 .................... .................... .................... Compressor Off Measure fan input power during 

compressor off cycle. 

Refrigeration Capacity Suction A ... 35 <50 25 38 5 Compressor On Determine Net Refrigeration Capacity of Unit Cooler. 

Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default superheat value 

of 6.5 °F shall be used. The superheat setting used in the test shall be reported as part of the standard rating. 

TABLE 16—FREEZER UNIT COOLER

Test 

description 

Unit cooler 

air entering 

dry-bulb, °F 

Unit cooler 

air entering 

relative 

humidity, % 

Saturated 

suction 

temp, °F 

Liquid inlet 

saturation 

temp, °F 

Liquid inlet 

subcooling 

temp, °F 

Compressor 

capacity Test objective 

Off Cycle Fan Power ..................... ¥10 <50 .................... .................... .................... Compressor Off Measure fan input power during 

compressor off cycle. 

Refrigeration Capacity Suction A ... ¥10 <50 ¥20 38 5 Compressor On Determine Net Refrigeration Capacity of Unit Cooler. 

Defrost ........................................... ¥10 Various .................... .................... .................... Compressor Off Test according to Appendix C 

Section C11. 

Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default superheat value 

of 6.5 °F shall be used. The superheat setting used in the test shall be reported as part of the standard rating. 

(3) Representations. Hussmann may 

not make representations about the 

energy efficiency of a basic model listed 

in paragraph (1) of this Interim Waiver 

Order for compliance, marketing, or 

other purposes unless the basic model 

has been tested in accordance with the 

provisions set forth in this alternate test 

procedure and such representations 

fairly disclose the results of such 

testing. 

(4) This Interim Waiver Order shall 

remain in effect according to the 

provisions of 10 CFR 431.401. 

(5) This Interim Waiver Order is 

issued on the condition that the 

statements and representations provided 

by Hussmann are valid. If Hussmann 

makes any modifications to the controls 

or configurations of a basic model 

subject to this Interim Waiver Order, 

such modifications will render the 

waiver invalid with respect to that basic 

model, and Hussmann will either be 

required to use the current Federal test 

method or submit a new application for 

a test procedure waiver. DOE may 


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rescind or modify this waiver at any 

time if it determines the factual basis 

underlying the petition for the Interim 

Waiver Order is incorrect, or the results 

from the alternate test procedure are 

unrepresentative of the basic model’s 

true energy consumption characteristics. 

10 CFR 431.401(k)(1). Likewise, 

Hussmann may request that DOE 

rescind or modify the Interim Waiver 

Order if Hussmann discovers an error in 

the information provided to DOE as part 

of its petition, determines that the 

interim waiver is no longer needed, or 

for other appropriate reasons. 10 CFR 

431.401(k)(2). 

(6) Issuance of this Interim Waiver 

Order does not release Hussmann from 

the applicable requirements set forth at 

10 CFR part 429. 

DOE makes decisions on waivers and 

interim waivers for only those basic 

models specifically set out in the 

petition, not future models that may be 

manufactured by the petitioner. 

Hussmann may submit a new or 

amended petition for waiver and request 

for grant of interim waiver, as 

appropriate, for additional basic models 

of CO2 direct expansion unit coolers. 

Alternatively, if appropriate, Hussmann 

may request that DOE extend the scope 

of a waiver or an interim waiver to 

include additional basic models 

employing the same technology as the 

basic model(s) set forth in the original 

petition consistent with 10 CFR 

431.401(g). 

Signing Authority 

This document of the Department of 

Energy was signed on December 28, 

2020, by Daniel R. Simmons, Assistant 

Secretary for Energy Efficiency and 

Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on December 

29, 2020. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

BILLING CODE 6450–01–P 


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1All elevations are in National Geodetic Vertical 

Datum of 1929. 

[FR Doc. 2020–29108 Filed 2–17–21; 8:45 am] 

BILLING CODE 6450–01–C 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 4334–017] 

EONY Generation Limited; Notice of 

Application Tendered for Filing With 

The Commission and Soliciting 

Additional Study Requests and 

Establishing Procedural Schedule for 

Relicensing and a Deadline for 

Submission of Final Amendments 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Application: New Major 

License. 

b. Project No.: 4334–017. 

c. Date filed: January 28, 2021. 

d. Applicant: EONY Generation 

Limited (EONY). 

e. Name of Project: Philadelphia 

Hydroelectric Project. 

f. Location: On the Indian River, in 

the Village of Philadelphia in Jefferson 

County, New York. The project does not 

occupy any federal land. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791(a)–825(r). 

h. Applicant Contact: Franz Kropp, 

Director, Generation, EONY, 7659 

Lyonsdale Road, Lyons Falls, NY 13368; 

(613) 225–0418, ext. 7498. Murray Hall, 

Manager, Generation, EONY, 7659 

Lyonsdale Road, Lyons Falls, NY 13368; 

(613) 382–7312. 

i. FERC Contact: Emily Carter at (202) 

502–6512, or Emily.Carter@ferc.gov. 

j. Cooperating agencies: Federal, state, 

local, and tribal agencies with 

jurisdiction and/or special expertise 

with respect to environmental issues 

that wish to cooperate in the 

preparation of the environmental 

document should follow the 

instructions for filing such requests 

described in item l below. Cooperating 

agencies should note the Commission’s 

policy that agencies that cooperate in 

the preparation of the environmental 

document cannot also intervene. See 94 

FERC ¶ 61,076 (2001). 

k. Pursuant to section 4.32(b)(7) of 18 

CFR of the Commission’s regulations, if 

any resource agency, Indian Tribe, or 

person believes that an additional 

scientific study should be conducted in 

order to form an adequate factual basis 

for a complete analysis of the 

application on its merit, the resource 

agency, Indian Tribe, or person must file 

a request for a study with the 

Commission not later than 60 days from 

the date of filing of the application, and 

serve a copy of the request on the 

applicant. 

l. Deadline for filing additional study 

requests and requests for cooperating 

agency status: March 29, 2021. 

The Commission strongly encourages 

electronic filing. Please file additional 

study requests and requests for 

cooperating agency status using the 

Commission’s eFiling system at https:// 

ferconline.ferc.gov/FERCOnline.aspx. 

For assistance, please contact FERC 

Online Support at 

FERCOnlineSupport@ferc.gov, (866) 

208–3676 (toll free), or (202) 502–8659 

(TTY). In lieu of electronic filing, you 

may submit a paper copy. Submissions 

sent via the U.S. Postal Service must be 

addressed to: Kimberly D. Bose, 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street NE, Room 

1A, Washington, DC 20426. 

Submissions sent via any other carrier 

must be addressed to: Kimberly D. Bose, 

Secretary, Federal Energy Regulatory 

Commission, 12225 Wilkins Avenue, 

Rockville, Maryland 20852. All filings 

must clearly identify the project name 

and docket number on the first page: 

Philadelphia Hydroelectric Project (P– 

4334–017). 

m. The application is not ready for 

environmental analysis at this time. 

n. Project Description: The existing 

Philadelphia Hydroelectric Project 

consists of (1) a 65-acre reservoir at a 

normal maximum water surface 

elevation of 475.4 feet; 1 (2) two concrete 

dams joined by an island and 

designated as the east diversion dam, 

which is 60 feet long and 2 to 3 feet high 

with a crest elevation of 474.4 feet, and 

topped with 1.2-foot-high flashboards, 

and the west diversion dam, which has 

two sections totaling approximately 30 

feet long and 10.4 feet high with a crest 

elevation of 475.4 feet; (3) a 45-foot-long 

non-overflow section that includes a 

reinforced concrete intake structure; (4) 

a 377-foot-long, 9.5-foot-diameter 

concrete penstock; (5) a 54.5-foot-long 

by 30-foot-wide reinforced concrete 

powerhouse; (6) one 3.645-megawatt 

horizontal Kaplan-type turbinegenerator unit; (7) trashracks with 2.5- 

inch clear spacing; (8) a 4,160-volt, 

approximately 50-foot-long buried 

transmission line; (9) a switchyard; and 

(10) appurtenant facilities. The average 

annual generation was 10,092,492 

kilowatt-hours for the period from 2016 

to 2020. 

EONY currently operates the project 

in run-of-river mode and discharges a 

minimum flow of 20 cubic feet per 

second (cfs) into the project’s 1,250-footlong bypassed reach to project aquatic 

resources. 

As part of the license application, 

EONY filed a settlement agreement 

entered into between itself, the U.S. 

Fish and Wildlife Service, and the New 

York State Department of 

Environmental Conservation. As part of 

the settlement agreement, EONY 

proposes to: (1) Continue to operate the 

project in a run-of-river mode; (2) 


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