November 5, 2012 The Honorable Steven Chu Secretary U.S. Departmentof Energy 1000lndependenceAvenue, SVV VVashington, DC 20585

Dear Mr. Secretary: RE: Docket No. EERE-2010-BT-STD-0031; RIN 1904-AB96 TheAmerican Council for an Energy-Efficient Economy (ACEEE), American GasAssociation, The American Institute ofArchitects, American Public GasAssociation, ASHRAE, EnvironmentAmerica, Environmental and Energy Study Institute, Federal Performance Contracting Coalition, Natural Resources Defense Council, Sierra Club, and U.S. Green Building Council (collectively the "Sec433 RFI Proponents Group" or "the Group"), arewriting to respectfully requestthat the Departmentof Energy issue a Request for Information (RFI) and to subsequently develop a Supplementary Notice of Proposed Rulemaking (SNOPR) with respect to Section 433 ofthe Energy Independence and Security Actof2007 (EISA). The Sec 433 RFI Proponents Group is a collaborative effort ofstakeholders that share a common interest, generally, in promoting economic, environmentally sound, and secure energy forthe 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 viewthat importantdetails have not been adequately addressed in the Department's 2010 Notice of Proposed Rulemaking. Further, we all recognize that, while the Department has not metthe statutory deadlines required for Sec433, there are complex, challenging, and unresolved issues and stakeholderviews 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 ofdetail on howcertain issues might be addressed. For example, stakeholders are interested in howthe Department intends to establish proper baselines for various building types and accountfor climate variations as partofthose baselines. Also, it is unclear how the Departmentdefines a covered facility and whether that definition is overly inclusive, and the likely impacton Energy Saving Performance Contracts as part ofthat 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 ofcombined heat and powersystems. Finally, questions also remain with regard to howthe use of natural gas and electricvehicleswould be treated underthe Proposed Rule. These represent afew ofthe questions that remain based on the Department's 2010 Proposed Rule. VVe would respectfully requestthat DOE issue a SNOPR to explain how DOE proposes to implement Section 433 with respect to issues thatwere not addressed in sufficient detail in the proposed rule, and to allowfor additional public comment. Further, we believe that due to the lack ofdetail that remains in the Department's Proposed Rule itwould be beneficial for DOE to issue an RFI regarding these issues in advance ofattempting to develop a SNOPR. The Group notesthat 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 TheAmerican Institute ofArchitects American Public Gas Association ASHRAE EnvironmentAmerica Environmental and Energy Study Institute Federal Performance Contracting Coalition Natural Resources Defense Council Sierra Club U.S. Green Building Council