CE-CP-SPRM-NY001-STD-0023 COMMENT 0G

CONSERVATION AND RENEWABLE ENERGY 

Public Hearing 

ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 

STATE PETITIONS FOR EXEMPTION FROM FEDERAL STANDARDS 

FOR CLOTHES DRYERS AND KITCHEN RANGES AND OVENS 

Docket Numbers: CE-CP-SPRM. NYOOl ~ WI002, CA003, MN004, OR005 

Presiding Official 

MICHAEL McCABE 

Panel 

Eugene Margolis 

Madison, Wisconsin 

September 13, 1983 

Acting Chief, Test and Evaluation Branch 

Conservation and Renewable Energy 

Office of General Counsel 
CE-CP-SPRM-NY001-STD-0023 COMMENT 0G

CONSERVATION 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. 
CE-CP-SPRM-NY001-STD-0023 COMMENT 0G

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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. 
CE-CP-SPRM-NY001-STD-0023 COMMENT 0G

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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. 
CE-CP-SPRM-NY001-STD-0023 COMMENT 0G

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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. 
CE-CP-SPRM-NY001-STD-0023 COMMENT 0G

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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. 
CE-CP-SPRM-NY001-STD-0023 COMMENT 0G

CONSERVATION AND RENEWABLE ENERGY 

Public Hearing 

ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 

STATE PETITIONS FOR EXEMPTION FROM FEDERAL STANDARDS 

FOR CLOTHES DRYERS AND KITCHEN RANGES AND OVENS 

Docket Numbers: CE-CP-SPRM, NY001, WI002, CA003, MN004, OR005 

Opening Remarks 

Michael McCabe 

Scheduled Speakers 

1. Patrick Herriges 

2. Roy Christianson 

3. Senator J. Strohl 

4. Caryl Terrell 

5. Donald Shott 

6. Toya McCosh 

7. Betsy Benson 

8. Rep. Chester Gerlach 

9. Jerry Mendel 

10. John Armstrong 

11. Dan Cautley 

12. Karl S. Pnazek 

Madison, Wisconsin 

September 13, 1983 

Representing 

Acting Chief, Test and Evaluation Branch 

Conservation and Renewable Energy 

West Central Wisconsin Community Action 

Agency, Inc. & Wisconsin Community 

Action Association 

Wisconsin Department of Administration 

Chairman, Senate Committee on Energy 

and Environment 

League of Women Voters 

Governor1s Office, Madison, Wisconsin 

Wisconsin Department of Industry, Labor 

and Human Relations 

Wisconsin Power and Light Company 

Chairman, House Committee on Energy and 

Util ities 

Wisconsin Public Service Commission 

Minnesota Department of Energy and Economic 

Development 

City of Madison Energy Conservation 

Committee 

Community Action Programs Service, Inc. 

Time 

1 : 00 - 1: 15 

1 : 15 - 1: 30 

1 :30 - 1 :45 

1 :45 - 2:00 

2:00 - 2:15 

2:15 - 2:30 

2:30 - 2:45 

2:45 - 3:00 

3: 00 - 3: 15 

3: 15 - 3: 30 

3:30 - 3:45 

3:45 - 4:00 

4:00 - 4:15 
CE-CP-SPRM-NY001-STD-0023 COMMENT 0G

CONSERVATION AND RENEWABLE ENERGY 

Public Hearing 

ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 

STATE PETITIONS FOR EXEMPTION FROM FEDERAL STANDARDS 

FOR CLOTHES DRYERS AND KITCHEN RANGES AND OVENS 

Docket Numbers: CE-CP-SPRM, NY001, WI002, CA003, MN004, OR005 

Opening Remarks 

Michael McCabe 

Scheduled Speakers 

1. Patrick Herriges// 

2. Roy Christianson 

3. Senator J. Strohlj/ 

4. Caryl Terrell 

5. Donald Shott 

6. Toya McCosh 

8. Rep. Chester Gerlach 

"'9. Jerry Mendel 

110. John Armstrong 

1. Dan Cautley 

Madison, Wisconsin 

September 13, 1983 

Representing 

Acting Chief, Test and Evaluation Branch 

Conservation and Renewable Energy 

West Central Wisconsin Community Action 

Agency, Inc. & Wisconsin Community Action Association 

Wisconsin Department of Administration 

Chairman, Senate Committee on Energy and Environment 

League of Women Voters 

Governor's Office, Madison, Wisconsin 

Wisconsin Department of Industry, Labor 

and Human Relations 

WiseoFlsiFi Power afl6 Li§i:rt GOlRpaFl:Y 

Chairman, House Committee on Energy and 

Uti 1 ities 

Wisconsin Public Service Commission 

Minnesota Department of Energy and Economic 

Development 

City of Madison Energy Conservation 

Committee 

Time 

1:00 - 1:15 

1: 15 - 1: 30 

1: 30 - 1 :45 

1:45 - 2:00 

2:00 - 2:15 

2:15 - 2:30 

2:30 - 2:45 

Z:45 - 3:00' 

3:00 - 3:15 

3:15 - 3:30 

3:30 - 3:45 

3:45 - 4:00 
CE-CP-SPRM-NY001-STD-0023 COMMENT 0G

REQUEST TO SPEAK (Location) ....... ~-

NAME: 

~: --' 

ADDRESS : ___ _ 

PBONE: ______________ ~~---------------------------------

~R ___________ ~~ 

lS COPIES 

SUBJECT: 

'rIME SCHEDULED TO SPEAK: 

CONFIRMED: l\ A 
CE-CP-SPRM-NY001-STD-0023 COMMENT 0G