CONSERVATION AND RENEWABLE ENERGY Opening Remarks STATE PETITIONS FOR EXEMPTION FROM FEDERAL STANDARDS FOR CLOTHES DRYERS AND KITCHEN RANGES AND OVENS DocketNumber CE-CP-SPRM Washington, D.C. September 30, 1983

Good morning andwelcome. I amMichael McCabe, Acting Chief of the Test and Evaluation Branch, and I would like to take this opportunity to extend, on behalf of the Department of Energy, our thanks to you for taking time to participate in this public hearing. As you know, the Energy Policy and ConservationAct, as amendedby the National Energy ConservationPolicyAct, requires thatthe Department of Energyprescribe energy efficiency standards for thirteen (13) types of appliances, including clothes dryers and kitchen ranges and ovens. On December 22, 1982 a Final Rule was published in the Federal isterwithrespect to clothes dryers and kitchen ranges and ovens inwhichDOE determined that a Federal energy efficiency standardwas notjustified for either of these products. In that notice, DOE also set forth procedures bywhich Statesmay obtain exemption for State, or local efficiency standards that are statutorilypreempted as a result of a final rulewithrespect to appliance energy efficiency standards. Following the December 22, 1982 Final Rule, DOE received petitions from five (5) states, California, New York, Minnesota, Wisconsin and Oregon, requesting that their StateEnergyEfficiency Standards-2-

requiring intermittent ignitlondevices for clothes dryers and/or kitchenranges and ovens be exempted from Federal preemption. On August 1, 1983, a Notice of Proposed Rulemaking was published in the Federal ister inwhichDOE proposed to grant each State's petition. In that notice, itwas announced thatpublic hearings would beheld in each of the five (5) states andWashington, D.C. in accordance with Section 336(A) of theActwhichpertains to administrative procedures for the Energy Conservation Program for Consumer Products Other ThanAutomobiles. The hearings scheduled for Minneapolis, SanFrancisco, Portland and New York Citywere cancelled due to the few requests to speak that were received. Arepresentative of the State ofMinnesota presented

a statement at the Wisconsin hearing. The purpose of today's hearing is to receive oral testimony from the public on the proposed rule to grant the State petitions for exemption from Federal preemption. The Department of Energy is particularly interested in comments relating to the need for the State standard and the impact of the State standard on interstate competition. Acomplete transcript of this hearing will be available for inspection at the Department of Energy's Freedomof Information Office, and anyone wishing to purchase a copy of the transcript maymake arrangements with the courtreporter. Joiningme today is EugeneMargolis, Counsel for the program.-3-

Beforewe turn to our first speaker thismorning, I, as the presiding official of this hearing, would like to set forth the guidelines for conducting this hearing. This will notbe an "evidentiary" or "judicial" type of hearing. Itwill be conducted in accordancewith Section 335 of Title 5, United States Code. Initially, questions may be asked onlyby the members of the panel conducting the hearing. However, any personwishing to direct a question to a speaker inregard to his testimony at this hearingmay submit the question inwriting at the Registration desk. The presiding officialwill determine whether the question is relevant andwhether time limitations permit itto be presented to the person to whom it is addressed for an answer. If the question is allowed, itwill be asked by the presiding official. To provide the Department of Energywith as much pertinent information and as many views as canreasonably be obtained, and to provide interestedpersons with equitable opportunities to express their views, the hearing will be conducted in accordance with the following procedures: First, speakers will be called to testify based upon a list of those people who, in response to this notice of this hearing, have been scheduled to present oral statements. Second, the speakers have been allotted 20 minutes for their oral statements.-4-

Third, if time allows, after all scheduled speakers have deliveredtheir statements, time will be provided for anyonewho wishes tomake a three-minute unscheduled oral statement. Fourth, at the conclusionof all oral presentations, each speaker will be given the opportunity to make a rebuttal statement. Rebuttal statements may be as long as five minutes each, time permitting, and will be called for in the order inwhich the initial statements weremade. Fifth, as stated earlier, a transcript of the hearing will be retained by the Departmentof Energy andmade available for inspection at the Freedom of InformationReading Room. In addition, any speakers or any other interestedperson may submitwritten data or statements. Ten (10) copies should be addressed to the Office of Hearings and Dockets, Conservation and Renewable Energy, Departmentof Energy, Mail Stop 6B-070, Room 6B-025, 1000 IndependenceAvenue, SW, Washington, DC 20585. Labeled on the envelope: "EnergyEfficiency Standards for Consumer Products, DocketNumber CE-CP-SPRM and the appropriate StateCode. Any person submitting informationwhich he or she believes tobe confidential and exemptby law from public disclosure should submit to that same address one complete copy and 10 copies fromwhich information claimed to be confidential has beendeleted. In accordance with the procedures established at 10 CFR 1004.11, theDepartment of Energy shallmake its own determination-5-

as to whether or not the information shall be exempt from public disclosure. The close of the written comment period is 4:00 p.m., Monday, October 17, 1983. All comments received prior to that time onthe proposal will be considered to the fullest possible extent indeveloping the final rule. All comments receivedwill be available for public inspection at the DOE Freedom of Information Reading Room at Room lE-190 of theForrestal Building inWashington, DC. We appreciate the time and effortyou have contributed in these presentations and are pleased to have your comments and opinions. At this time, I would like to call the first speaker to make his oral presentation.