### 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 

### U.S. DEPARTMENTOFENERGY OFFICEOFENERGY EFFICIENCYANDRENEWABLEENERGY OfficeofBuildingTechnologies OfficeofCodes andStandards (EE-43) PublicHearing Notice ofProposedRulemaking (NOPR) Energy Conservation ProgramForConsumerProducts R8

### ProductsNOPRR



### Panel Members Carl Adams PresidingOfficial TerryLogee Cyrus Nasseri
WilliamHui
Ed Pollock IngridWatson

Dr. Barry Berlin EugeneMargolis
MarkFriedrichs

Opening Remarks Carl Adams
Schedule ofSpeakers 1. Bernard J. 

### Lechner DocketNo. EE-RM-90-201 June7, 1994 DOE

-Washington, DC

Director, Appliance Standards Division OfficeofCodes and Standards ProgramManager OfficeofCodes and Standards ProgramManager OfficeofCodes and Standards ProgramManager OfficeofCodes and Standards ProgramManager OfficeofCodes andStandards ProgramManager Office ofCodes and Standards Economist OfficeofCodes and Standards Attorney OfficeofGeneral Counsel Dep. Dir., Energy Efficency

## & AlternativeFuels Policy OfficeofPolicy, Planning and Evaluation
SCHEDULEOFPRESENTATIONS

PresidingOfficial Representing Electronic IndustriesAsso. 9:30a.m. ApproximateTime earlymorning

### 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

LUNCH 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 

### 2. FrankM. Gollop 3. JackDoyle 4. DavidB. Goldstein 5. MarkPerlis Michael A. Stein 6. E.F. (Ned) Brush 7. Norman C. Grimshaw 8. Michael P. Dodds WayneCausey 9. JoeMattingly 10. John Crouch 11. WilliamRyan 12. TomSapp 13. JohnA. Hart 14. RobertD. Harvey 15. James F. Vaughn, III 16. James F. Vaughn, Jr.
LUNCH

17. Anthony J. Vallillo 18. GeorgeM. Kusterer 19. EricM. Lannes 20. Wil

### burHaag 21. MarkPedersen 22. DrewSmith 23. JerryPrideaux 24. CharlesA. Samuels 25. Everett Shorey Thomson ConsumerElectronics earlymorning StarSightTelecast, Inc. earlymorning Natural Resources DefenseCouncil earlymorning Nat. Electrical Manf. Asso. earlymorning CopperDevelopmentAsso. earlymorning AdvanceTransformerCo. earlymorning Howard Industries, Inc. earlymorning
GasApplianceManufacturersAsso. mid-morning Hearth ProductsAsso. mid-morning Gas Research Institute mid-morning LouisvilleTin

## &StoveCo. mid-morning EmpireComfort Systems mid-morning Manufactured Housing Institute mid-morning Vaughn Thermal Corp. mid-morning VaughnManufacturing Corp. mid-morning

United Illuminating BockWaterHeaterCo., Inc. BradfordWhite Corp. A.D. SmithWaterProductsCo. Phenix EnergySystems, Inc. StateIndustries Valmont Electric Asso. ofHomeApplianceManf. ArthurD. Little 12:35p.m. 1:35p.m. earlyafternoon earlyafternoon earlyafternoon earlyafternoon earlyafternoon earlyafternoon earlyafternoon earlyafternoon

### 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 

### 26. Karl Landstrom 27. IssacSargunum 28. Lynn Cook 29. Russell Zipkin 30. Greg Greulich 31. WilliamBeard 32. Ron Duncan 33. LindaGreiner 34. William Ryan 35. JoyDaniel 36. Cyral M. Walsh 37. PeterLowenthal 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 BattelleColumbus mid-afternoon Maytag Corporation mid-afternoon Consultant mid-afternoon Russell Range mid-afternoon Whirlpool Corporation mid-afternoon Beard Engineering Inc. mid-afternoon Bristol Compressors mid-afternoon FrigidaireCorporation mid-afternoon Sanyo Corporation mid-afternoon Sharp Corporation mid-afternoon Thermador mid-afternoon SolarEnergy IndustriesAsso. mid-afternoon N. CarolinaAlternativeEngy Corp. lateafternoon National ApartmentAsso. late-afternoon National Asso. ofHome Builders lateafternoon Monument Construction, Inc. lateafternoon mobile home owner, OH lateafternoon American ElectricPower lateafternoon Approximately 5:25I



### 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**.~** 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 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 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 opportunitymust 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 opportunitymust 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 Ten copies of the comments are requested. In addition, the Department would appreciate an electronic copy of the comments. The Department is currently usingWordperfect 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 ProgramManagers 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 joiningme on the panel. At this time, I will call the first speaker. For the record, please state your name and whom you represent.

4