### Your Sofu.tions Tartner
June 5, 2014

The Honorable Ernest Moniz Secretary U.S. Department ofEnergy 1000 Independence Avenue, SW Washington, DC 20585
Dear Secretary Moniz, DUKE MANUFACTURING CO 2305 N. Broadway St. Louis, MO 63102 800-735-3853. FAX 314-231-5074 www.dukemfg.com

We are writing to oppose the U.S. Department ofEnergyrulemaking that would establish new energy efficiency standards for automatic commercial ice makers (ACIM) with capacities between 50 and 2,500 pounds per 24-hour period. We request that a collaborative process is implemented inthe form ofa negotiated rulemaking to ensure accurate data is used to establish an energy conservation standard and compliance timeline that does not negatively affect employment ofmanufacturers and end users, which are largely comprised ofsmall restaurants. We have serious concerns thatthese new guidelines will impose a significant financial strain on manufacturers that could only be recouped by passing the costs to endusers with significantraises in prices. Additionally, manufacturers indicate that the up-front costs required for developing and testing products will result in an immediate reduction in the variety of products available inthe marketplace. We are alarmed at the likelihood that these unintended consequences will negatively affect employment inthe manufacturing community and foodservice industry. The rule would have a direct costto customers who will find commercial icemakers are more expensive. The rule almost exclusively impacts small businesses across the foodservice industry with inevitable reductions in scarce manufacturingjobs and employment cuts inthe restaurant industry that will be required as a result ofthe unduly burdensome cost increases. The proposed rule would place a significant economic burden onmanufacturers inboth their development and product costs in orderto be compliant ofa 70% improvementin energy efficiency from the 2005 standard by 2017. Additionally, DOE announced this rule might be expanded to cover new standards for those with capacities above 2,500 pounds per 25-hour period. We strongly oppose expansion ofthisrule to larger capacity commercial ice makers and urge you to reconsiderthis decision.Ofgreatest concern, the DOE rule does not account for research, development and production time frame. On average, redesigning all machines would take six to eight years ifthe parts were available at this time. As most commercial ice makers in use today do not meet the new energy efficiency requirements, the industry will have to invest heavily in research and development. This process is already underway; however, the technologyto achieve the proposed standard is not currently available. In fact, manufacturers that supply commercial ice maker component parts confi=the necessary energy efficient components, specified inthe proposed rule, are not inthe marketplace today. NAFEM members are already working tirelessly to develop, test, and manufacture products that meet stringent energy efficiency standards to achieve the Environmental Protection Agency's (EPA) ENERGY STAR certificationthat recognizes the most efficient products inthe market. In fact, EPAhas recognized several ofthese manufacturers as "ENERGY STAR Partner ofthe Year" multiple times dating back to 2009, demonstrating their good faith and concern for energy efficiency. The fundamentally flawed economic and technological analyses have resulted in a proposed rule thatis nottechnologically achievable within the proposed timeline. We request that the Department enters a negotiated rulemaking with ACIM manufacturers to

.create a common sense energy conservation standard with an achievable compliance timeline.
Sincerely,"Your Solutions Partner" DUKE MANUFACTURING CO. 2305 N. BROADWAY- ST. WUlS, MO 63102 J. Hake 

# RECEIVED JUN 12 2014 

# MAIL SANITIZeD The Honorable Ernest Moniz Secretary 

### u.s. Department of Energy 1000 Independence Avenue, S.W. Washington, DC 20585

/1·11",,11.1J'/

### 11,11111•1 •1,"Iii,I

### ,11 1 

### ,1,,jl" I' I,

### III,I II

### JI') II