-----Original Message----- 

From: O'Neill, Kathleen S [mailto:Kathleen.Oneill@usdoj.gov] 

Sent: Friday, June 12, 2009 4:40 PM 

To: rulemaking, fluorescent_and_incandescent_lamps 

Cc: Stallings, William 

Subject: DOJ's Comments re: EE-2006-STD-0131 and RIN 1904-AA92 

The Department of Justice intends to file comments in the above-referenced 

proceeding. Due to internal scheduling conflicts the Department is not in a position to 

make its filing today. We will file on Monday, June 15. We appreciate the 

Department of Energy's understanding with respect to this minor delay. If there any 

questions, please feel free to contact me or William Stallings (202) 514-9323. Thank 

you 

Kathleen S. O'Neill 

Department of Justice, Antitrust Division Transportation, Energy & Agriculture 

Section 450 5th Street, N.W. 

Washington, D.C. 20001 

Phone (202) 307-2931 

Fax (202) 307-2784 

kathleen.oneill@usdoj.gov

EE-2006-STD-0131 COMMENT 77
From: Stallings, William [mailto:William.Stallings@usdoj.gov] 

Sent: Monday, June 15, 2009 5:13 PM 

To: rulemaking, fluorescent_and_incandescent_lamps 

Cc: Stas, Eric; O'Neill, Kathleen S; Raymond, Kristen 

Subject: DOJ's Comments re: EE-2006-STD-0131 and RIN 1904-AA92 

Please find attached DOJ's comments. Feel free to call me at 202-514-9323 if there 

are any questions. 

Thank you. 

 <<DOE -- Belmar.pdf>>

EE-2006-STD-0131 COMMENT 77
DEPARTMENT OF JUSTICE

Antitrust Division

CHRISTINE A. VARNEY

Assistant Attorney General

Main Justice Building

950 Pennsylvania Avenue, N.W.

Washington, D.C. 20530-0001

(202) 514-2401 1(202) 616-2645 (Fax)

E-mail: antitrusLatr@usdoj.gov

Web site: hltp:!/www.usdoj.gov/atr

June 15,2009

Warren Belmar

Deputy General Counsel for Energy Policy

Department of Energy

Washington, DC 20585

Dear Deputy General Counsel Belmar:

I am responding to your letter seeking the views ofthe Attorney General about the

potential impact on competition of proposed amended energy conservation standards for general

service fluorescent lamps ("GSFL") and incandescent reflector lamps ("IRL"). Your request was

submitted pursuant to Section 325(0)(2)(B)(i)(V) ofthe Energy Policy and Conservation Act, as

amended, ("ECPA"), 42 V.S.c. § 6295(o)(B)(i)(V), which requires the Attorney General to make

a detennination ofthe impact of any lessening of competition that is likely to result from the

imposition of proposed energy conservation standards. The Attorney General's responsibility for

responding to requests from other departments about the effect of a program on competition has

been delegated to the Assistant Attorney General for the Antitrust Division in 28 CFR § OAO(g).

In conducting its analysis the Antitrust Division examines whether a proposed standard

may lessen competition, for example, by substantially limiting consumer choice, leaving

consumers with fewer competitive alternatives, placing certain manufacturers of a product at an

unjustified competitive disadvantage compared to other manufacturers, or by inducing avoidable

inefficiencies in production or distribution of particular products.

We have reviewed the proposed standards contained in the Notice of Proposed

Rulemaking ("NOPR") (74 Fed. Reg. 16920, April 13,2009) and the supplementary infonnation

submitted to the Attorney General, and attended the February 3,2009 public hearing on the

proposed standards.

Based on this review, the Department ofJustice does not believe that the proposed

standard for GSFLs would likely lead to a lessening of competition. Our review has focused

upon the standards DOE has proposed adopting; we have not detennined the impact on

competition of more stringent standards than those proposed in the NOPR.

With respect to IRLs, the Department is concerned that the proposed Trial Standard Level

4 could adversely affect competition. The NOPR would increase the minimum efficiency levels

for IRLs to the second highest level under consideration in this rulemaking. The IRL market is

EE-2006-STD-0131 COMMENT 77
Warren Belmar, Deputy General Counsel for Energy Policy

June 15,2009

Page 2

highly concentrated, with three domestic manufacturers. Based on our review, it appears that

only two ofthese finns may currently manufacture IRLs that would meet the new standard. It is

our understanding that these fim1s produce only limited quantities ofsuch products for high-end

applications. The current producers may not have the capacity to meet demand. In addition, one

ofthese manufacturers uses proprietary technology currently unavailable to other manufacturers.

Given the capital investments new entrants or providers would be required to make, and

the potential that manufacturers may have to obtain proprietary technology, there is a risk that

one or more IRL manufacturers will not produce products that meet the proposed standard.

We request that the Department ofEnergy consider the possibility of new technology in

this area as it settles on standards in this field.

EE-2006-STD-0131 COMMENT 77