### CONSERVATIONAND RENEWABLE ENERGY Public Hearing ENERGYCONSERVATION PROGRAMFORCONSUMERPRODUCTS STATEPETITIONS FOREXEMPTION FROM FEDERALSTANDARDS FORCLOTHESDRYERSAND KITCHEN RANGESAND OVENS DocketNumbers: CE-CP-SPRM. NYOOl**~**

### WI002, CA003, MN004, OR005

Presiding Official MICHAELMcCABE
Panel EugeneMargolis Madison, Wisconsin September 13, 1983

Acting Chief, Testand EvaluationBranch ConservationandRenewable Energy

OfficeofGeneral CounselCONSERVATION AND RENEWABLE ENERGY Opening Remarks STATE PETITIONS FOR EXEMPTION FROM FEDERAL STANDARDS FOR CLOTHES DRYERS AND KITCHEN RANGES AND OVENS Docket Nos.: CE-CP-SPRM, NY001, WI002, CA003, MN004, OROOS Madison, Wisconsin September 13, 1983
Good morning and welcome. I am Michael 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 Conservation Act, as amended by the National Energy Conservation Policy Act, requires that the Department of Energy prescribe 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 Register with respect to clothes dryers and kitchen ranges and ovens in which DOE determined that a Federal energy efficiency standard was not justified for either of these products. In that notice, DOE also set forth procedures by which States may obtain exemption for State, or local efficiency standards that are statutorily preempted as a result of a final rule with respect to appliance energy efficiency standards. Following the December 22, 1982 Final Rule, DOE received petitions from five (5) states, including Wisconsin, requesting that the State Energy Efficiency Standard requiring intermittent ignition devices for clothes dryers and/or kitchen ranges and ovens be exempted from Federal preemption.-2-
On August 1, 1983, a Notice of Proposed Rulemaking was published in the Federal ister in which DOE proposed to grant each State's petition. In that notice, it was announced that public hearings would be held in each of the five (5) states and Washington, D.C. in accordance with Section 336(A) of the Act which pertains to administrative procedures for the Energy Conservation Program for Consumer Products Other Than Automobiles. The hearing scheduled for Minneapolis, Minnesota on September 15 was cancelled due to the few requests to speak that were received. Each person that requested to speak at the Minneapolis hearing has agreed to speak at today's 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. A complete transcript of this hearing will be available for inspection at the Department of Energy's Freedom of Information Office, and anyone wishing to purchase a copy of the transcript may make arrangements with the court reporter. Joining me today is Eugene Margolis, Counsel for the program. Before we turn to our first speaker this morning, I, as the presiding official of this hearing, would like to set forth the guidelines for conducting this hearing.-3-
This will not be an "evidentiary" or "judicial" type of hearing. It will be conducted in accordance with Section 335 of Title 5, United States Code. Initially, questions may be asked only by the members of the panel conducting the hearing. However, any person wishing to direct a question to a speaker in regard to his testimony at this hearing may submit the question in writing at the Registration desk. The presiding official will determine whether the question is relevant and whether time limitations permit it to be presented to the person to whom it is addressed for an answer. If the question is allowed, it will be asked by the presiding official. To provide the Department of Energy with as much pertinent information and as many views as can reasonably be obtained, and to provide interested persons 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 15 minutes for their oral statements. In the August 1, 1983 Federal Register, DOE had announced that 20 minutes would be allowed each speaker for their oral statements, this time was shortened in order that each speaker would have an opportunity today rather than having to continue the hearing an additional day.

### -4- Third, if time allows, after all scheduled speakers have delivered their statements, time will be provided for anyone who wishes to make a three-minute unscheduled oral statement. Fourth, at the conclusion of 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 in which the initial statements were made. Fifth, as stated earlier, a transcript of the hearing will be retained by the Department of Energy and made available for inspection at the Freedom of Information Reading Room. In addition, any speakers or any other interested person may submit written data or statements. Fifteen (IS) copies should be addressed to the Office of Hearings and Dockets, Conservation and Renewable Energy, Department of Energy, Mail Stop 6B-070, Room 6B-02S, 1000 Independence Avenue, SW, Washington, DC 20S8S. Labeled on the envelope: "Energy Efficiency Standards for Consumer Products, Docket Number CE-CP-SPRM and the appropriate State Code, WIOOI for Wisconsin and MN004 for Minnesota. Any person submitting information which he or she believes to be confidential and exempt by law from public disclosure should submit to that same address one complete copy and IS copies from which information claimed to be confidential has been deleted. In accordance with the procedures established at 10 CFR 1004.11, the Department of Energy shall make its own determination as to whether or not the information shall be exempt from public disclosure.

### -5-
The close of the written comment period is 4:00 p.m., Monday, October 17, 1983. All comments received prior to that time on the proposal will be considered to the fullest possible extent in developing the final rule. All comments received will be available for public inspection at the DOE Freedom of Information Reading Room at Room lE-190 of the Forrestal Building in Washington, DC. We appreciate the time and effort you 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.

### CONSERVATIONAND RENEWABLE ENERGY Public Hearing ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS STATE PETITIONS FOR EXEMPTION FROM FEDERAL STANDARDS FOR CLOTHES DRYERSAND KITCHEN RANGESAND OVENS DocketNumbers: CE-CP-SPRM, NY001, WI002, CA003, MN004, OR005

Opening Remarks Michael McCabe Scheduled Speakers 1. PatrickHerriges 2. Roy Christianson 3. SenatorJ. Strohl 4. Caryl Terrell 5. Donald Shott 6. 

### ToyaMcCosh 7. 

### Betsy Benson 8. Rep. ChesterGerlach 9. JerryMendel 10. John Armstrong 11. Dan Cautley 12. Karl S. Pnazek Madison, Wisconsin September 13, 1983 Representing Acting Chief, Testand Evaluation Branch Conservation and Renewable Energy
WestCentral Wisconsin CommunityAction Agency, Inc. 

## &Wisconsin Community ActionAssociation Wisconsin DepartmentofAdministration Chairman, SenateCommittee on Energy and Environment League ofWomen Voters Governor1s Office,Madison, Wisconsin Wisconsin Departmentof Industry, Labor and Human Relations Wisconsin Power and LightCompany Chairman, House Committee on Energy and Utilities Wisconsin Public ServiceCommission Minnesota DepartmentofEnergy and Economic Development CityofMadison Energy Conservation Committee CommunityAction Programs Service, Inc. Time 1 :00
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### CONSERVATIONAND RENEWABLE ENERGY Public Hearing ENERGYCONSERVATION PROGRAMFORCONSUMERPRODUCTS STATEPETITIONS FOREXEMPTION FROMFEDERAL STANDARDS FORCLOTHESDRYERSAND KITCHENRANGESANDOVENS DocketNumbers: CE-CP-SPRM, NY001, WI002, CA003, MN004, OR005

Opening Remarks Michael McCabe Scheduled Speakers 1. PatrickHerriges// 2. RoyChristianson 3. SenatorJ. Strohlj/ 4. Caryl Terrell 5. Donald Shott 6. 

### ToyaMcCosh
8. Rep. ChesterGerlach "'9. JerryMendel 

# 110. JohnArmstrong 1. DanCautley Madison, Wisconsin September 13, 1983 Representing Acting Chief,Testand EvaluationBranch Conservationand Renewable Energy WestCentral WisconsinCommunityAction Agency, Inc. 

## &WisconsinCommunity ActionAssociation WisconsinDepartmentofAdministration Chairman, SenateCommitteeon Energy and Environment League ofWomenVoters Governor's Office,Madison, Wisconsin WisconsinDepartmentofIndustry, Labor andHuman Relations WiseoFlsiFi 

### Power afl6 

### Li§i:rt GOlRpaFl:Y 

### Chairman, House Committeeon Energyand Uti1 ities Wisconsin Public ServiceCommission MinnesotaDepartmentofEnergyand Economic Development CityofMadison EnergyConservation Committee Time 1:00
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