DIANNE FEINSTEIN CALIFORNIA

# ~ntttb**~tatt~ ~tnatt**  WASHINGTON, DC 20510-0504

The Honorable Steven Chu Secretary U.S. Department ofEnergy 1000 Independence Ave., SW Washington, DC 20585 Dear Secretary Chu: http://leinstein.senate.gov October 2, 2012 SELECTCOMMnTEE ON INTELLIGENCE·CHAIRMAN COMMITTEE ON APPROPRIATIONS COMMITTEE ONTHE JUDICIARY COMMITIEE ON RUlES AND A.DMINISTRATION

I am writingto request an explanation ofthe assumptions, analyses, and cost estimates used by Department ofEnergy (DOE) to develop its proposed minimum efficiency standards for consumerproduct battery chargers. Our society is increasingly reliant on battery-powered consumer electronic products like cell phones and laptop computers, so I am pleased that DOEhas undertaken the important task ofensuring battery chargers satisfy minimum efficiency requirements. Multiple studies by McKinsey and Company have found that increasing the efficiency of consumer electronics is the single most cost effective means ofreducing greenhouse gas emissions. Many ofmy constituents are concernedthat DOE'sproposed standards have overlooked simple and inexpensive improvements to battery chargers, rely on outdated and incomplete information, have an aggressive schedule for implementation, and include labeling requirements that may not be flexible enough. In orderto betterunderstand how DOE developed these proposed efficiency standards, I would appreciate 

### itifyou could answer the following questions.

• Consumer electronics technology evolves rapidly, so it is importantthat the most current cost estimates and technical data serve as the basis for developing new efficiency standards. The CaliforniaEnergy Commission (CEC)recently developed efficiency standards that are more stringentthan DOE'sproposed requirements. The CEC evaluated least-cost technology pathways to achieve compliance and concluded that its standards are cost effective for California and the nation. According to the CEC, the DOE's cost-effectiveness analysis did not use least-cost technology and did not appropriately separate the costs ofenergy efficiency fromother quality-enhancement costs. As aresult, DOE has concluded thatthe California energy efficiency standards are not cost effective. The CEC estimates that implementingthe less stringent DOE standards instead ofthe California standards would increase electricity bills $400 million annually in the United States.
How does DOE planto ensurethat accurate cost-effectiveness analyses, including appropriate incremental costs ofenergy efficiency components, are used to maximize energy savings benefits in the United States? Why has DOErelied on technical information gathered in 2010 as the basis for its rule when more efficientproducts and cost effective designs have been subsequently introduced?

• Ibelieve it is important for DOE to move expeditiously topromulgate cost-effective standards that maximize energy savings. Finalizing federal standards will preemptthe California standards. I am also aware that manufacturers ofelectronic products have requested a reasonable time periodto make design changes necessary to comply with the new requirements. Please explain how the timeline for DOE'sproposed standards will ensure that California's standards are notpreempted before a similarly protective standard is in place, whileproviding manufacturers sufficienttime to comply with the new requirements.

• I am aware that DOE has received extensive comments regarding theproposed efficiency standards. At least one organizationhas expressed concern that new standards require labeling directly onproduct casings, which may be overly cumbersome to implement. Because mandating labelingrequirements would negatively impact marketing and branding strategies for some companies, does DOE intend to allow flexibility for compliance with these labeling provisions?
I thank you for your efforts to establish minimum energy efficiency standards for consumerproductbattery chargers. I look forward to hearing from you regarding this important request. Ifyouhave any questions or concerns, please feel free to contact me in my Washington office.

DF/mbn/ba Sincerely,

Dianne Feinstein United States Senator