U.S. DEPARTMENT OF ENERGY

OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY

Office of Building Technologies

Office of Codes and Standards (EE-43)

Public Hearing

Notice of Proposed Rulemaking (NOPR)

Energy Conservation Program For Consumer Products

8 Products NOPR

Docket No. EE-RN-90-201

June 7, 1994 DOE - Washington, DC

Panel Members

Carl Adams

Presiding Official

Terry Logee

Cyrus Nasseri

William Hui

Ed Pollock

Ingrid Watson

Dr. Barry Berlin

Eugene Margolis

Mark Friedrichs

Director, Appliance Standards Division

Office of Codes and Standards

Program Manager

Office of Codes and Standards

Program Manager

Office of Codes and Standards

Program Manager

Office of Codes and Standards

Program Manager

Office of Codes and Standards

Program Manager

Office of Codes and Standards

Economi st

Office of Codes and Standards

Attorney

Office of General Counsel

Dep. Dir., Energy Efficency & Alternative Fuels Policy

Office of Policy, Planning and Evaluation

SCHEDULE OF PRESENTATIONS

Opening Remarks

Carl Adams Presiding Official 9:30a.m.

Schedule of Speakers

1. Bernard J. Lechner

Representing

Electronic Industries Asso.

Approximate Time

early morning

EE-RM-90-201 COMMENT OOI

U.S. DEPARTMENT OF ENERGY 

OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY 

Office of Building Technologies Office of Codes and Standards (EE-43) 

Public Hearing 

Notice of Proposed Rulemaking (NOPR) 

Energy Conservation Program For Consumer Products 

R8 Products NOPRR 

Panel Members 

Carl Adams 

Presiding Official 

Terry Logee 

Cyrus Nasseri 

Will iam Hui 

Ed Pollock 

Ingrid Watson 

Dr. Barry Berlin 

Eugene Margolis 

Mark Friedrichs 

Opening Remarks 

Carl Adams 

Schedule of Speakers 

1. Bernard J. Lechner 

Docket No. EE-RM-90-201 

June 7, 1994 DOE - Washington, DC 

Director, Appliance Standards Division 

Office of Codes and Standards 

Program Manager 

Office of Codes and Standards 

Program Manager Office of Codes and Standards 

Program Manager Office of Codes and Standards 

Program Manager Office of Codes and Standards 

Program Manager Offi ce of Codes and Standards 

Economist 

Office of Codes and Standards 

Attorney 

Office of General Counsel 

Dep. Dir., Energy Efficency & Alternative Fuels Policy Office of Policy, Planning and Evaluation 

SCHEDULE OF PRESENTATIONS 

Presiding Official 

Representing 

Electronic Industries Asso. 

9:30a.m. 

Approximate Time 

early morning 
2. Frank M. Gollop Thomson Consumer Electronics early morning

3. Jack Doyle StarSight Telecast, Inc. early morning

4. David B. Goldstein Natural Resources Defense Council early morning

5. Mark Penis Nat. Electrical Manf. Asso. early morning

Michael A. Stein

6. E.F. (Ned) Brush Copper Development Asso. early morning

7. Norman C. Gnimshaw Advance Transformer Co. early morning

8. Michael P. Dodds Howard Industries, Inc. early morning

Wayne Causey

9. Joe Mattingly Gas Appliance Manufacturers Asso. mid-morning

10. John Crouch Hearth Products Asso. mid-morning

11. William Ryan Gas Research Institute mid-morning

12. Tom Sapp Louisville Tin & Stove Co. mid-morning

13. John A. Hart Empire Comfort Systems mid-morning

14. Robert D. Harvey Manufactured Housing Institute mid-morning

15. James F. Vaughn, III Vaughn Thermal Corp. mid-morning

16. James F. Vaughn, Jr. Vaughn Manufacturing Corp. mid-morning

LUN CH 12:35p.m.

17. Anthony J. Vallillo United Illuminating 1:35p.m.

18. George M. Kusterer Bock Water Heater Co., Inc. early afternoon

19. Eric M. Lannes Bradford White Corp. early afternoon

20. Wilbur Haag A.0. Smith Water Products Co. early afternoon

21. Mark Pedersen Phenix Energy Systems, Inc. early afternoon

22. Drew Smith State Industries early afternoon

23. Jerry Pnideaux Valmont Electric early afternoon

24. Charles A. Samuels Asso. of Home Appliance Manf. early afternoon

25. Everett Shorey Arthur D. Little early afternoon

EE-RM-90-201 COMMENT OOI

2. Frank M. Gollop 

3. Jack Doyl e 

4. David B. Goldstein 

5. Mark Perlis 

Michael A. Stein 

6. E.F. (Ned) Brush 

7. Norman C. Grimshaw 

8. Michael P. Dodds 

Wayne Causey 

9. Joe Mattingly 

10. John Crouch 

11. Will i am Ryan 

12. Tom Sapp 

13. John A. Hart 

14. Robert D. Harvey 

15. James F. Vaughn, III 

16. James F. Vaughn, Jr. 

LUNCH 

17. Anthony J. Vallillo 

18. George M. Kusterer 

19. Eric M. Lannes 

20. Wil bur Haag 

21. Mark Pedersen 

22. Drew Smith 

23. Jerry Prideaux 

24. Charles A. Samuels 

25. Everett Shorey 

Thomson Consumer Electronics early morning 

StarSight Telecast, Inc. early morning 

Natural Resources Defense Council early morning 

Nat. Electrical Manf. Asso. early morning 

Copper Development Asso. early morning 

Advance Transformer Co. early morning 

Howard Industries, Inc. early morning 

Gas Appliance Manufacturers Asso. mid-morning 

Hearth Products Asso. mid-morning 

Gas Research Institute mid-morning 

Louisville Tin & Stove Co. mid-morning 

Empire Comfort Systems mid-morning 

Manufactured Housing Institute mid-morning 

Vaughn Thermal Corp. mid-morning 

Vaughn Manufacturing Corp. mid-morning 

United Illuminating 

Bock Water Heater Co., Inc. 

Bradford White Corp. 

A.D. Smith Water Products Co. 

Phenix Energy Systems, Inc. 

State Industries 

Valmont Electric 

Asso. of Home Appliance Manf. 

Arthur D. Little 

12:35p.m. 

1:35p.m. 

early afternoon 

early afternoon 

early afternoon 

early afternoon 

early afternoon 

early afternoon 

early afternoon 

early afternoon 
26. Karl Landstrom Battelle Columbus mid-afternoon

27. Issac Sargunum Maytag Corporation mid-afternoon

28. Lynn Cook Consultant mid-afternoon

29. Russell Zipkin Russell Range mid-afternoon

30. Greg Greulich Whirlpool Corporation mid-afternoon

31. William Beard Beard Engineering Inc. mid-afternoon

32. Ron Duncan Bristol Compressors mid-afternoon

33. Linda Greiner Frigidaire Corporation mid-afternoon

34. William Ryan Sanyo Corporation mid-afternoon

35. Joy Daniel Sharp Corporation mid-afternoon

36. Cyral 11. Walsh Thermador mid-afternoon

37. Peter Lowenthal Solar Energy Industries Asso. mid-afternoon

38. Robert Koger N. Carolina Alternative Engy Corp. late afternoon

39. Dan Spindler National Apartment Asso. late-afternoon

40. Ron Burton National Asso. of Home Builders late afternoon

41. Miles J. Haber Monument Construction, Inc. late afternoon

42. Robert Rogers mobile home owner, OH late afternoon

43. David Crabtree American Electric Power late afternoon

44. Unscheduled Speakers Approximately 5:25

Rebuttal Statements

Questions

EE-RM-90-201 COMMENT OOI

26. Karl Landstrom 

27. Issac Sargunum 

28. Lynn Cook 

29. Russell Zipkin 

30. Greg Greulich 

31. William Beard 

32. Ron Duncan 

33. Linda Greiner 

34. William Ryan 

35. Joy Daniel 

36. Cyral M. Walsh 

37. Peter Lowenthal 

38. Robert Koger 

39. Dan Spindler 

40. Ron Burton 

41. Miles J. Haber 

42. Robert Rogers 

43. David Crabtree 

44. Unscheduled Speakers Rebuttal Statements 

Questions 

Battelle Columbus mid-afternoon 

May tag Corporation mid-afternoon 

Consultant mid-afternoon 

Russell Range mid-afternoon 

Whirlpool Corporation mid-afternoon 

Beard Engineering Inc. mid-afternoon 

Bristol Compressors mid-afternoon 

Frigidaire Corporation mid-afternoon 

Sanyo Corporation mid-afternoon 

Sharp Corporation mid-afternoon 

Thermador mid-afternoon 

Solar Energy Industries Asso. mid-afternoon 

N. Carolina Alternative Engy Corp. late afternoon 

National Apartment Asso. late-afternoon 

National Asso. of Home Builders late afternoon 

Monument Construction, Inc. late afternoon 

mobile home owner, OH late afternoon 

American Electric Power late afternoon 

Approximately 5:25 
I

U.S. DEPARTMENT OF ENERGY

OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY

OPENING REMARKS

Notice of Proposed Rulemaking (NOPR)

Energy Conservation Program For Consumer Products

8 Products NOPR'

Docket Number EE-RM-90-201

June 7 - 8, 1994

Washington, D.C.

Good morning and welcome. I am Carl Adams. On behalf of

the Department of Energy, I would like to thank you for taking

the time to participate in this public hearing concerning the

Department's energy conservation-program for consumer products.

The purpose of this hearing is to receive oral testimony

from the public on DOE's notice of proposed rulemaking regarding

energy conservation standards for room air conditioners, water

heaters, direct heating equipment, mobile home furnaces, kitchen

ranges and ovens, pool heaters and fluorescent lamp ballasts; and

to consider establishing energy conservation standards for

television sets as published in the Federal Register on March 4,

1994. The comments received here today and those submitted

during the written conurient period will assist the Department in

developing the final rule. The written comment period as

stipulated in the second Federal Register iotice (April 19, 1994,

59 FR 18502) for this rulemaking has been extended to July 18,

1994.

All comments submitted on this notice will be considered

before DOE establishes the final rule. Comments received after

the comment period closes will be considered to the fullest

extent possible.

As the Presiding Official for this hearing, I will set forth

the guidelines for conducting the hearing and provide other

pertinent information. In approximately one week, a complete

transcript of this hearing will be available for inspection and

copying at the Department of Energy's Freedom of Information

Reading Room located in room lE-l90. Anyone wishing to purchase

a copy of the transcript may make arrangements with the court

reporter.

1

EE-RM-90-201 COMMENT OOI

.~ 

I 

U.S. DEPARTMENT OF ENERGY 

OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY 

OPENING REMARKS 

Notice of Proposed Rulemaking (NOPR) 

Energy Conservation Program For Consumer Products 

-8 Products NOPR" 

Docket Number EE-RM-90-201 

June 7 - 8, 1994 

Washington, D.C. 

Good morning and welcome. I am Carl Adams. On behalf of 

the Department of Energy, I would like to thank you for taking 

the time to participate in this public hearing concerning the 

Department's energy conservation· program for consumer products. 

The purpose of this hearing is to receive oral testimony 

from the public on DOE's notice of proposed rulemaking regarding 

energy conservation standards for room air conditioners, water 

heaters, direct heating equipment, mobile home furnaces, kitchen 

ranges and ovens, pool heaters and fluorescent lamp ballasts; and 

to consider establishing energy conservation standards for 

television sets as published in the Federal Register on March 4, 

1994. The comments received here today and those submitted 

during the written comment period will assist the Department in 

developing the final rule. The written comment period as 

stipulated in the second Federal Register lotice (April 19, 1994, 

59 FR 18502) for this rulemaking has been extended to July 18, 

1994. 

All comments submitted on this notice will be considered 

before DOE establishes the final rule. Comments received after 

the comment period closes will be considered to the fullest 

extent possible. 

As the Presiding Official for this hearing, I will set forth 

the guidelines for conducting the hearing and provide other 

pertinent information. In approximately one week, a complete 

transcript of this hearing will be available for inspection and 

copying at the Department of Energy's Freedom of Information 

Reading Room located in room 1E-190. Anyone wishing to purchase 

a copy of the transcript may make arrangements with the court 

reporter. 

1 
This will not be an evidentiary or judicial type of hearing.

It will be conducted in accordance with Section 553 of the

Administrative Procedures Act, 5 U.S.C. section 553 and section

501 of the DOE Organization Act, 42, U.S.C. section 7191. To

provide the Department with as much pertinent information and as

many views as can reasonably be obtained, and to enable

interested persons to express their views, the hearing will be

conducted in accordance with the following procedures:

o speakers will be called to testify based on a schedule

of those people who responded to the notice of this

hearing.

o speakers are reminded that all comments, including the

statements submitted at the public hearings and the

written comments received by the Department by July 18

close of comment period, will be included in the

rulemaking record and will be considered in full. Due

to the large number of people requesting to speak at

these hearings and in order that each speaker has the

opportunity to express their views regarding the

proposed rule, speakers are greatly encouraged to limit

their oral presentation to five minutes. Where

appropriate, the Department requests speakers to

indicate their support of previous testimony since time

does not allow the reading of lengthy statements into

the record. As the presiding official, I may request

speakers, depending on the nature of their statement

relative to previous testimony, to summarize and

conclude their statement in order that ot.er scheduled

speakers may have the opportunity to make their

presentation.

o if time allows, anyone may make an unscheduled oral

statement after all scheduled speakers have delivered their

statements; Persons interested in making such an unscheduled

statement should submit their request to the registration

desk before the conclusion of the scheduled speakers; and

o at the conclusion of all presentations, scheduled and

unscheduled, speakers will be given the opportunity to

make a rebuttal statement, subject to time limitations,

and will be called in the order in which the initial

statements were made. Persons interested in making

such a rebuttal statement should submit their request

to the registration desk before the conclusion of the

speakers.

2

EE-RM-90-201 COMMENT OOI

This will not be an evidentiary or judicial type of hearing. 

It will be conducted in accordance with Section 553 of the 

Administrative Procedures Act,S U.S.C. section 553 and section 

501 of the DOE Organization Act, 42, U.S.C. section 7191. To 

provide the Department with as much pertinent information and as 

many views as can reasonably be obtained, and to enable 

interested persons to express their views, the hearing will be 

conducted in accordance with the following procedures: 

o speakers will be called to testify based on a schedule 

of those people who responded to the notice of this 

hearing. 

o speakers are reminded that all comments, including the 

statements submitted at the public hearings and the 

written comments received by the Department by July 18 

close of comment period, will be included in the 

rulemaking record and will be considered in full. Due 

to the large number of people requesting to speak at 

these hearings and in order that each speaker has the 

opportunity to express their views regarding the 

proposed rule, speakers are greatly encouraged to limit 

their oral presentation to five minutes. Where 

appropriate, the Department requests speakers to 

indicate their support of previous testimony since time 

does not allow the reading of lengthy statements into 

the record. As the presiding official, I may request 

speakers, depending on the nature of their statement 

relative to previous testimony, to summarize and 

conclude their statement in order that ot~er scheduled 

speakers may have the opportunity to make their 

presentation. 

o if time allows, anyone may make an unscheduled oral 

statement after all scheduled speakers have delivered their 

statements; Persons interested in making such an unscheduled 

statement should submit their request to the registration 

desk before the conclusion of the scheduled speakers; and 

o at the conclusion of all presentations, scheduled and 

unscheduled, speakers will be given the opportunity to 

make a rebuttal statement, subject to time limitations, 

and will be called in the order in which the initial 

statements were made. Persons interested in making 

such a rebuttal statement should submit their request 

to the registration desk before the conclusion of the 

speakers. 

2 
Questions will be asked only by members of the panel

conducting the hearing. However, the presiding official will

afford any interested person an opportunity to question speakers

who have made oral presentations. This opportunity will be

afforded after any rebuttal statements, to the extent that the

presiding official determines that such question is likely to

result in a more timely and effective resolution of the issues.

Persons interested in making use of this opportunity must submit

their request shortly after the completion of any rebuttal

statements to the registration desk. The questions submitted

should be identified as to who the author of the question is and

to whom the question is being directed.

The presiding official will

is relevant. If the question is

presiding official.

determine whether the question

allowed, it will be asked by the

Furthermore, the presiding official will afford any

interested person an opportunity to question employees of the

United States who have made written or oral presentations with

respect to disputed issues of material fact. This opportunity

will also be afforded after any rebuttal statements, to the

extent that the presiding official determines that such question

is a disputed issue of material fact and is likely to result in a

more timely and effective resolution of such issue. Persons

interested in making use of this opportunity must submit their

request before the completion of any rebuttal statements to the

registration desk and should state specific justification,

including why the issue is one of disputed fact and how the

proposed question would expedite its resolution. The questns

submitted should be identified as to who the author of the

question is and to whom the question is being directed.

The presiding official will determine whether the question

is relevant. If the question is allowed, it will be asked by the

presiding official.

As mentioned earlier, the close of the comment period is

July 18, 1994. All written conunents received will be available

for public inspection at the DOE Freedom of Information Reading

Room, (202) 586-6020. Written comments should be addressed to:

U.S. Department of Energy

EE-431

8 Product NOPR, Docket No. CE-RN--90-201

1000 Independence Avenue, SW

Washington, DC 20585

3

EE-RM-90-201 COMMENT OOI

Questions will be asked only by members of the panel 

conducting the hearing. However, the presiding official will 

afford any interested person an opportunity to question speakers 

who have made oral presentations. This opportunity will be 

afforded after any rebuttal statements, to the extent that the 

presiding official determines that such question is likely to 

result in a more timely and effective resolution of the issues. 

Persons interested in making use of this opportunity must submit 

their request shortly after the completion of any rebuttal 

statements to the registration desk. The questions submitted 

should be identified as to who the author of the question is and 

to whom the question is being directed. 

The presiding official will determine whether the question 

is relevant. If the question is allowed, it will be asked by the 

presiding official. 

Furthermore, the presiding official will afford any 

interested person an opportunity to question employees of the 

United States who have made written or oral presentations with 

respect to disputed issues of material fact. This opportunity 

will also be afforded after any rebuttal statements, to the 

extent that the presiding official determines that such question 

is a disputed issue of material fact and is likely to result in a 

more timely and effective resolution of such issue. Persons 

interested in making use of this opportunity must submit their 

request before the completion of any rebuttal statements to the 

registration desk and should state specific justification, 

including why the issue is one of disputed fact and how the 

proposed question would expedite its resolution. The quest1ins 

submitted should be identified as to who the author of the 

question is and to whom the question is being directed. 

The presiding official will determine whether the question 

is relevant. If the question is allowed, it will be asked by the 

presiding official. 

As mentioned earlier, the close of the comment period is 

July 18, 1994. All written comments received will be available 

for public inspection at the DOE Freedom of Information Reading 

Room, (202) 586-6020. Written comments should be addressed to: 

U.S. Department of Energy 

EE-431 

8 Product NOPR, Docket No. CE-RM-90-201 

1000 Independence Avenue, SW 

Washington, DC 20585 

3 
Ten copies of the comments are requested. In addition, the

Department would appreciate an electronic copy of the comments.

The Department is currently using Wordperfect 5.1. No faxed

comments will be accepted.

Any person submitting information which he or she believes

to be confidential and exempt by law from public disclosure

should submit to the address in the proposed rule one complete

copy and six copies from which information claimed to be

confidential has been deleted. In accordance with the procedures

established at 10 CFR 1004.11, the Department of Energy shall

make its own determination as to whether or not the information

shall be exempt from public disclosure.

In keeping with the regulations of this facility, there will

be no smoking in this room.

We appreciate the time and effort you have taken in

preparing your statements and are pleased to receive your

comments and opinions. I would now like to introduce the members

of the panel. Joining me at various times during this hearing

will be: Terry Logee, Cyrus Nasseri, William Hul, Ed Pollock,

and Ingrid Watson, all Program Managers within the Office of

Codes and Standards and Dr. Barry Berlin, Economist in the Office

of Codes and Standards. In addition, Eugene Margolis from the

Office of General Counsel and Mark Friedrichs from the Office of

Policy, Planning and Evaluation will be joining me on the panel.

At this time, I will call the first speaker. For the

record, please state your name and whom you represent.

4

EE-RM-90-201 COMMENT OOI

Ten copies of the comments are requested. In addition, the 

Department would appreciate an electronic copy of the comments. 

The Department is currently using Wordperfect 5.1. No faxed 

comments will be accepted. 

Any person submitting information which he or she believes 

to be confidential and exempt by law from public disclosure 

should submit to the address in the proposed rule one complete 

copy and six copies from which information claimed to be 

confidential has been deleted. In accordance with the procedures 

established at 10 CFR 1004.11, the Department of Energy shall 

make its own determination as to whether or not the information 

shall be exempt from public disclosure. 

In keeping with the regulations of this facility, there will 

be no smoking in this room. 

We appreciate the time and effort you have taken in 

preparing your statements and are pleased to receive your 

comments and opinions. I would now like to introduce the members 

of the panel. Joining me at various times during this hearing 

will be: Terry Logee, Cyrus Nasseri, William Hui, Ed Pollock, 

and Ingrid Watson, all Program Managers within the Office of 

Codes and Standards and Dr. Barry Berlin, Economist in the Office 

of Codes and Standards. In addition, Eugene Margolis from the 

Office of General Counsel and Mark Friedrichs from the Office of 

policy, Planning and Evaluation will be joining me on the panel. 

At this time, I will call the first speaker. For the 

record, please state your name and whom you represent. 

4