November 5, 2012 

The Honorable Steven Chu 

Secretary 

U.S. Department of Energy 

1000lndependenceAvenue, SVV 

VVashington, DC 20585 

Dear Mr. Secretary: 

RE: Docket No. EERE-2010-BT-STD-0031; RIN 1904-AB96 

The American Council for an Energy-Efficient Economy (ACEEE), American Gas Association, The 

American Institute of Architects, American Public Gas Association, ASH RAE, Environment America, 

Environmental and Energy Study Institute, Federal Performance Contracting Coalition, Natural Resources 

Defense Council, Sierra Club, and U.S. Green Building Council (collectively the "Sec 433 RFI Proponents 

Group" or "the Group"), are writing to respectfully request that the Department of Energy issue a Request 

for Information (RFI) and to subsequently develop a Supplementary Notice of Proposed Rulemaking 

(SNOPR) with respect to Section 433 of the Energy Independence and Security Act of 2007 (EISA). 

The Sec 433 RFI Proponents Group is a collaborative effort of stakeholders that share a common 

interest, generally, in promoting economic, environmentally sound, and secure energy for the United 

States. In particular, we share an interest in a well-designed, effective, and reasonable approach to the 

energy efficient design of Federal facilities. 

VVhile we represent diverse and sometimes conflicting interests and perspectives, we share the view that 

important details have not been adequately addressed in the Department's 2010 Notice of Proposed 

Rulemaking. Further, we all recognize that, while the Department has not met the statutory deadlines 

required for Sec 433, there are complex, challenging, and unresolved issues and stakeholder views that 

have contributed to the delay. 

During the comment period and subsequently, stakeholders have raised concerns regarding important 

details in the proposed rule, as well as a lack of detail on how certain issues might be addressed. For 

example, stakeholders are interested in how the Department intends to establish proper baselines for 

various building types and account for climate variations as part of those baselines. Also, it is unclear how 

the Department defines a covered facility and whether that definition is overly inclusive, and the likely 

impact on Energy Saving Performance Contracts as part of that definition. Further, there remain 

questions related to compliance through purchased contracts of renewable energy, onsite renewable 

generation, and offsets applicable to onsite gas equipment. In particular, substantial uncertainty remains 

regarding the treatment of combined heat and power systems. Finally, questions also remain with regard 

to how the use of natural gas and electric vehicles would be treated under the Proposed Rule. These 

represent a few of the questions that remain based on the Department's 2010 Proposed Rule. 

VVe would respectfully request that DOE issue a SNOPR to explain how DOE proposes to implement 

Section 433 with respect to issues that were not addressed in sufficient detail in the proposed rule, and to 

allow for additional public comment. 

Further, we believe that due to the lack of detail that remains in the Department's Proposed Rule it would 

be beneficial for DOE to issue an RFI regarding these issues in advance of attempting to develop a 

SNOPR. The Group notes that our members are currently working to develop a unified response to these 

issues, to facilitate effective consideration by DOE. 

Sincerely, 

American Council for an Energy-Efficient Economy (ACEEE) 
American Gas Association 

The American Institute of Architects 

American Public Gas Association 

ASH RAE 

Environment America 

Environmental and Energy Study Institute 

Federal Performance Contracting Coalition 

Natural Resources Defense Council 

Sierra Club 

U.S. Green Building Council