RON WYOEN, Otegon, ChB,rman 

TIM JOHNSON, South Dakota LISA MURKOWSK1, Naska 

MARY l. LANOR1EU, louisiana JOHN BARRASSO, Wyom'''g 

MARIA CANTWELl. Wa!;hlll{llon JAMES E- RISCH, Idaho 

BERNMO SANDERS, Vermont MIKE LEE, Utah 

DEBBIE STABENOW, M,chigan DEAN HEU.EA. Nevada 

MARK UDALL, Colomoo JEff FLAKE, Ar,zona 

AL FRANKEN, M,nnesota TIM SCOTT, Sm,lh Carolina 

JOE MANCHIN, III, West V~g,n,a 

BRIAN SCHATZ. Hawa,l 

MARliN HEINRICH. New Mexico 

TAMMY BALDWIN. W,scon"", 

LAMAR ALEXANDER. Tennesseo 

ROB PORTMAN. Ohio 

JOHN 1I0EVEN. North Oakol~ 

JOSHUA SHEINKMAN. SlAFF OIREC'TOR 

SAM E, FOWLER. CI IiEF COUNSEL 

KAREN K. BILLUPS, REPUBLICAN STAFF DIRECTOR 

PATRICK .I. McCORMICK III. REPUBliCAN CHIEF COUNSEL 

The Honorable Ernest Moniz 

Secretary 

U.S. Department of Energy 

1000 Independence Avenue, SW 

Washington, DC 20585 

Dear Secretary Mon iz: 

tinitrd ~tetrs ~rnetr COMMITTEE ON 

ENERGY AND NATURAL RE SOURCES 

WASH IN GTON, DC 20510- 6150 

WWW.ENERGY.SENATE.GOV 

September 19,20 13 

I am writing regard ing the role of the Depa,tment of Energy in the deve lopment of the International Code 

Coun cil's (ICC) 2015 ed ition of the International Energy Conservation Code (lECC). I was pleased by 

DOE's policy declaration (78 Fed. Reg. 23550 (April 19,20 13)) clarifying DOE's invo lvement. I believe 

this demon strates a renewed commitment to transparency and rein fo rces the adviso ry role of government 

in this process. 

I understand that the final action hearings for the 20 15 I ECC begin in October and DOE may send up to 

twelve representatives to vote. The policy referred to above, however, is unclear regarding how these 

representatives will exercise their vote. I believe the government genera lly, and in this case DOE, should 

rema in neutral with regards to particular products, technologies and practices on whi ch the Department 

has not cond ucted a fo rma l ana lysis. Voting on proposa ls that have not undergone a DOE analysis cou ld 

be viewed as the government picking winners and losers. Accordingly, I be lieve that DOE representatives 

should only vote on proposals which it has fully and formally analyzed. 

Thank you for your attention to this matter. I would appreciate a response clari fy in g DOE's policy and 

intentions regarding voting during the October ICC hearin gs. 

Sincere ly, 

Ron Wyden 

Cha irman 
23550 Federal Register/Vol. 78, No. 76/Friday, April 19, 2013/Notices 

an open house to greet stakeholders and 

review presentational materials. 

Participants wishing to speak during 

each public hearing will be asked to 

register and will be given 10 minutes to 

speak, in the order in which 

participants have signed up. Once all 

those who wish to speak have had an 

opportunity to do so, participants will 

be given additional time until time for 

the public hearings to conclude. A court 

reporter will record the proceedings at 

each public hearing. 

DOE invites Federal agencies, state, 

local, and tribal governments, and the 

general public to comment on the Draft 

Mercury Storage SEIS during the public 

comment period. DOE will consider all 

public comments on the Draft SEIS 

equally in preparing the Final Mercury 

Storage SEIS. Any comments received 

after the deadline will be considered to 

the extent practicable. 

Issued in Washington, DC, on April 16, 

2013. 

Mark Gilbertson, 

Deputy Assistant Secretary for Site 

Restoration. 

[FR Doc. 2013~9291 Filed 4-18-13: 6:45 am) 

BILLING COOE 645O-(Jl-P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Docket No. EERE-2012-BT-BC-0030] 

Department of Energy's (DOE) 

Participation in Development of the 

International Energy Conservation 

Code 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice. 

SUMMARY: The DOE participates in the 

code development process of the 

International Code Council (ICC), which 

produces the International Energy 

Conservation Code (IECC). DOE will 

continue to publish code change 

proposals for the IECC before submitting 

them to the ICC to allow interested 

parties an opportunity to provide 

suggested revisions, enhancements to 

and comments on DOE code change 

proposals. This notice outlines the 

process by which DOE produces code 

change proposals, and participates in 

the ICC code development process. 

FOR FURTHER INFORMATION CONTACT: 

Jeremiah Williams. U.S. Department of 

Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Office, Mailstop EE-2J, 

1000 Independence Avenue SW., 

Washington. DC 20585--0121. 

Telephone: (202) 287-1941. Email: 

jeremiah. williamS@ee.doe.gov. 

Kavita Vaidyanathan, U.S. 

Department of Energy, Office of the 

General Counsel. Forrestal Building, 

Mailstop GC-71, 1000 Independence 

Ave. SW., Washington, DC 20585, 

Telephone: (202) 586-0669, Email: 

kavita.vaidyanathan@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Department of Energy (DOE) 

supports the International Energy 

Conservation Code (IECC) by 

participating in the code development 

processes administered by the 

International Code Council (ICC). As a 

participant in this process. DOE 

considers and evaluates concepts to be 

submitted as proposed changes to the 

IECC ("code"). This Notice outlines the 

process by which DOE produces code 

change proposals, and participates in 

the ICC code development process. Note 

that, if approved through the ICC code 

development process, DOE's proposed 

changes would be contained in the next 

edition of the IECC. 

A. Statutory Requirements 

Title III of the Energy Conservation 

and Production Act, as amended 

(ECP A), establishes requirements related 

to energy conservation standards for 

new buildings. (42 U.S.C. 6831-6837). 

Section 307 (b) of ECPA directs DOE to 

support voluntary building energy codes 

by periodically reviewing the technical 

and economic basis of the voluntary 

building codes, recommending 

amendments to such codes, seeking 

adoption of all technologically feasible 

and economically justified energy 

efficiency measures, and otherwise 

participate in any industry process for 

review and modification of such codes. 

(42 U.S.C. 6836(b)) 

B. Background 

The IECC serves as a model building 

energy code and is adopted by many 

u.s. states, territories, the District of 

Columbia, and localities across the 

nation. Development of the IECC is 

administered by the ICC, with revisions 

taking place every three years under the 

ICC governmental consensus process. 

Any party can propose changes to the 

IECC with proposed code changes 

subject to the bylaws, policies and 

procedures as defined by the ICC.1 

1 See http://www.iccsafe.org/cslcodes/pagesl 

default.aspx. 

n. DOE's Participation in the ICC Code 

Development Process 

As described above. under ECPA, one 

of the methods by which DOE supports 

the upgrade of voluntary building 

energy codes is through participation in 

the IECC development process. DOE 

participates in the ICC code 

development process by: 

1. Developing code change proposals 

for submission to the ICC; 

2. Gathering public input on DOE 

code change proposals from interested 

parties prior to submitting them to ICC; 

3. Conducting necessary technical 

analyses to document the validity of 

DOE code change proposals; and 

4. Participating m the ICC code 

development hearings. 

DOE Proposal Development 

DOE seeks to advance energy 

efficiency in the IECC by strengthening 

the code where cost-effective, and 

improving the criteria to be more easily 

understood. applied. implemented and 

enforced. Prior to submitting code 

change proposals to the ICC, DOE has 

and will continue to publish code 

change proposals that it has developed. 

along with documentation of concepts, 

for public review and comment at: 

http://www.energycodes.gov/ 

development. This represents an 

opportunity for parties to provide 

information they wish DOE to be aware 

of during the evaluation of proposals for 

the IECC. Following the opportunity for 

public review and comment DOE will 

not provide responses to individual 

comments, but will consider any and all 

comments timely submitted in 

developing final code change proposals. 

Final proposals will be posted at the 

same web address for public viewing 

prior to submitting to the ICC. 

DOE Technical Analysis 

In developing concepts for 

submission to the ICC, DOE conducts a 

series of analyses to evaluate energy 

savings and economic impacts of 

potential code change proposals. As this 

analysis is completed, resources have 

been and will be published online, 

including: the DOE residential costeffectiveness methodology, energy and 

economic assumptions, energy 

simulation models, investigations into 

special topic areas, and draft proposal 

language. Any interested party wishing 

to review or build-upon the DOE 

analysis can access it via the DOE 

Building Energy Codes Web site. 2 

DOE references all analysis and 

supporting documentation as required 

by the ICC. Analysis performed by DOE 

• See http://www.energycodes.gov/development. 
Federal Register/Vol. 78, No. 76/Friday, April 19, 2013/Notices 23551 

or its contractors for the purpose of 

developing code change proposals 

should be considered on a technical 

basis, and does not represent an 

endorsement of any particular 

individual or organization. For the 

purposes of lECC development, DOE 

conducts analysis to support its code 

change proposals. DOE may indicate 

whether its technical analysis is 

relevant to a proposal presented by 

another entity (Le., whether various 

proposals are the same). Again, 

however, such an indication would not 

constitute an endorsement of a proposal. 

DOE is not able to provide technical 

assistance at the request of outside 

parties, but reserves the right to conduct 

analysis in support of proposals DOE is 

considering for submission to the ICC. 

While DOE cannot enter into joint code 

change proposals (outside of proposals 

submitted jointly with another federal 

agency), DOE intends to support 

efficiency concepts from the perspective 

of its own analysis. DOE also publishes 

the results of its analysis, along with 

supporting energy simulation models, 

for review and use by outside parties. 

DOE's Participation in the ICC Code 

Development Hearings 

At ICC hearings, DOE will 

communicate its opinion on proposals 

as follows: DOE will defend its 

proposals. To the extent that DOE has 

prepared a technical analysis of a 

proposal other than a DOE proposal, 

consistent with the discussion above, 

DOE may present the results of the 

analysis. Again, presentation of 

technical reviews does not constitute an 

endorsement of any proposal. DOE may 

also recognize a proposal to the extent 

that the proposal or provisions within 

the proposal are the same as a DOE 

proposal or provisions within a DOE 

proposal. DOE may alter its proposal 

based on information it obtains at the 

code hearings but, will not seek further 

comment before altering its proposal. 

DOE anticipates that it or its 

contractors may be contacted regarding 

code concepts, ideas or change 

proposals prior to the code hearing and 

during the code hearing. While DOE 

code change proposals to the lECC are 

not regulations, DOE will follow ex 

parte communication policy for such 

communications. Guidance on ex parte 

communications was published on 

January 21, 2009 (74 FR 4685) and can 

be found at http://energy.gov/gcl 

downloadslguidance-ex-partecommunications. Note that such 

communications will be reflected in the 

public docket consistent with the ex 

parte guidance. 

DOE maintains an organizational 

membership with the ICC. As an ICC 

governmental member, DOE will 

exercise voting privileges as defined by 

the guiding ICC rules and procedures. 

III. DOE Participation in the 

Development of the 2015 IECC 

DOE Proposal Development 

In the current code cycle, the ICC will 

be considering proposed revisions to the 

2012lECC which will result in the 2015 

lECC. Initial concepts DOE considered 

for the 2015 lECC were provided for 

public review and comment in October 

2012 (public comments received are 

available at http://www.regulations.govl 

# !docketDetail ;D=EERE-2012-BT-BC0030J. DOE then revised its proposals 

based on stakeholder feedback, and 

submitted final proposals to the ICC by 

the January 3, 2013 deadline. DOE's 

final proposals are available at http:// 

www.energycodes.govldevelopment. 

DOE Technical Analysis 

In developing proposed revisions for 

the 2012lECC, DOE conducted a series 

of analyses to evaluate energy savings 

and economic impacts of potential code 

change proposals. Final DOE code 

change proposals are published online 

along with supporting resources, 

including the DOE residential costeffectiveness methodology, energy and 

economic assumptions, energy 

simulation models, and investigations 

into special topic areas. Any interested 

party wishing to review or build-upon 

the DOE analysis can access it via the 

DOE Building Energy Codes Web site. 3 

DOE's Participation in the ICC Code 

Development Hearings 

At ICC hearings, DOE will 

communicate its opinion on proposals 

as follows: DOE will defend its 

proposals. To the extent that DOE has 

prepared a technical analysis of a 

proposal other than a DOE proposal, 

consistent with the discussion above, 

DOE may present it results of the 

analysis. Again, presentation of 

technical reviews does not constitute an 

endorsement of any proposaL 

DOE may also recogmze a proposal to 

the extent that the proposal or 

provisions within the proposal are the 

same as a DOE proposal or provisions 

within a DOE proposal. DOE may alter 

its proposal based on information it 

obtains at the code hearings but, will 

not seek further comment before altering 

its proposal. 

As indicated above, DOE will follow 

DOE's ex parte communication policy 

for such communications. Note that 

• See http://www.energycodes.gov/development. 

such communications will be reflected 

in the public docket consistent with the 

ex parte guidance. 

Issued in Washington, DC, on April 15, 

2013. 

Roland Risser, 

Director, Building Technologies Office, 

Energy Efficiency and Renewable Energy. 

IFR Doc. 2013-{l9236 Filed 4-18-13; 8:45 am) 

BILLING CODE 645O-01-P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP13-124-000] 

ANR Pipeline Company; Notice of 

Application for Abandonment 

Take notice that on April 4, 2013, 

ANR Pipeline Company (ANR), 717 

Texas Street, Houston, TX 77002-2761, 

filed in Docket No. CP13-31-000, an 

application pursuant to sections 157.7 

and 157.18 of the Commission's 

Regulations under the Natural Gas Act 

(NGA) as amended. ANR seeks authority 

to abandon by sale to Transcontinental 

Gas Pipe Line Company, LLC (Transco) 

ANR's 6.67% interest and related 

dedicated capacity in the Project Central 

Texas Loop facilities. These facilities 

will remain physically in place and held 

for future use. This filing may also be 

viewed on the web at http:// 

www.ferc.govusingthe "eLibrary" link. 

Enter the docket number excluding the 

last three digits in the docket number 

field to access the document. For 

assistance, please contact FERC Online 

Support at 

FERCOnlineSupport@jerc.govor toll 

free at (866) 208-3676, or TTY, contact 

(202) 502-8659. 

Pursuant to Section 157.9 of the 

Commission's rules, 18 CFR 157.9, 

within 90 days of this Notice the 

Commission staff will either: Complete 

its environmental assessment (EA) and 

place it into the Commission's public 

record (eLibrary) for this proceeding; or 

issue a Notice of Schedule for 

Environmental Review. If a Notice of 

Schedule for Environmental Review is 

issued, it will indicate, among other 

milestones, the anticipated date for the 

Commission staffs issuance of the final 

environmental impact statement (FEIS) or EA for this proposal. The filing of the 

EA in the Commission's public record 

for this proceeding or the issuance of a 

Notice of Schedule for Environmental 

Review will serve to notify federal and 

state agencies of the timing for the 

completion of all necessary reviews, and 

the subsequent need to complete all 

federal authorizations within 90 days of