### Department of Energy Washington, DC 20585

November 6,2009

Philip Giudice, COm1nissioner Department ofEnergy Resources 100 Cambridge Street, Rm. 1020 Boston, Massachusetts 02114

Dear Commissioner Giudice:

This letter responds to the petition submitted by the Commonwealth ofMassachusetts, dated October 1,2009, which the U.S. Department ofEnergy's (DOE) Office ofEnergy Efficiency and Renewable Energy received on October 6, 2009. Due to the substantial number ofrulemaking activities currently being undertaken by the agency to improve the energy efficiency ofboth

consumer and commercial equipment, we were unable to provide you with an acknowledgement ofthe agency's receipt ofthe petition in a more timely manner. We apologize for this situation and regret any inconvenience that this may have caused.

DOE accepts the Commonwealth's petition for filing purposes under Title 10 ofthe Code of Federal Regulations (10 CFR) 430.42(f). Our acceptance ofthe petition for filing purposes, however, does not constitute a determination regarding the sufficiency ofthe petition, nor does it reflect DOE's views as to the petition's merits or the final disposition thereof. Consistent with the requirements under 10 CFR 430.42(a), the Commonwealth is under a continuing obligation to provide any new or newly discovered information relevant to its petition.

Appropriate DOE staffare carefully reviewing the contents ofthe petition, which has been assigned a high priority by the agency. Should you have any questions or concerns regarding the petition, please feel free to contact me at (202) 586-8423 or bye-mail at ronald.lewisfai.hg .doe. gov. Yours truly,



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Appliance Standards Buildings Technology Program Cc: Fred Augenstern Assistant Attorney General Environmental Protection Division Office ofthe Attorney General I Ashburton Place, 18th Floor Boston, Massachusetts 02108 

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- MS# EE-2J Energy Efficiency and Renewable Energy U.S. Department of Energy 1000 Independence Avenue, S.W. Washington, D.C. 20585 202-586-9127 (FAX 202-586-4617 or 202-287-1590)



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