### 58732 Federal Register / Vol. 46, No. 232 / Thursday, December 3, 1981 / Notices

DEPARTMENT OF ENERGY

Office of Conservation and Renewable Energy

[Case No. F-003J . test procedures to measure the energy consumption. of certain consumer products, including furnaces. The intent of the test procedures is to provide a comparable measure of energy consumption that will assist consumers in making purchase decisions. These test procedures appear at 10 CFR Part 430, Subpart B. The Department of. Energy, on September 18, 1980 (45 FR 64148, Sept. 26, 1980). amended the prescribed test procedure regulations to allow the Assistant Secretary for Conservation and Renewable Energy. to. waive temporarily test procedures for a particular basic model when a petitioner
shows that the basic model contains one or more design characteristics which either prevent testing of the basic model according- to the prescribed test procedures or the prescribed test procedures may evaluate the basic. Energy Conservation Program for model in a manner so unrepresentative

Consumer Products ; Petition of of its true energy consumption Energy Kinetics Incorporated for characteristics as to provide materially

Waiver of DOE Furnace Test inaccurate comparative data.

Procedures On December 27,1980, Energy

AGENCY : Department of Energy. Kinetics Incorporated filed a Petition for Waiver from the DOE test procedure ACTION : Decision and order. requirements for measuring the energy

SUMMARY: Today's Decision and Order consumption of furnaces. In accordance denies in part and grants in part the with the provisions of Part 430.27(b) of
petition of Energy Kinetics Incorporated Chapter II of Title 10, Code of Federal for a waiver from the existing DOE test Regulations, DOE published in the procedures for furnaces. The use of the Federal Register on February 23, 1981 alternate test procedures recommended the Energy Kinetics petition and thereby
by petitioner to determine the energy solicited comments, data, and efficiency or consumption of its information respecting the content of the "purgeable low thermal mass" boiler is petition (46 FR 13566). By letters dated denied. Today's Decision and Order February 24, 1981, Energy Kinetics modifies the existing DOE test notified all known manufacturers of procedures to permit testing of domestically marketed furnaces of petitioner's purgeable-type boiler. similar design. Comments were received
from DATE : November 18,1981. rom the Hydronics Institute,



### Expiration Date: November 18,1982. Spielvogel, , Incorporated, and d WeilFOR eD.

FURTHER INFORMATION CONTACT: McLain, Incorporated. The first three James A. Smith, U.S. Department of comments were sent to `the petitioner on Energy, Office of Conservation and April 6, 1981, and Energy Kinetics Renewable Energy, Room G14-065, responded by letter to DOE on April 23, Forrestal Building, 1000 Independence 1981. The comments of Weil-McLain Avenue, SW, Washington, D.C. 20585, were received late by DOE but (202) 252-9127, Eugene Margolis, Esq., nevertheless were sent to the petitioner U.S. Department of Energy, Office of on April 10, 1981. The petitioner's General Counsel, Room 6B-128, rebuttal comments to Weil-McLain were Forrestal Building, 1000 Independence contained in its April 23 response. The Avenue, SW, Washington, D.C. 20585, commenters recommended that DOE (202) 252-9510. deny the petition on the grounds that the
SUPPLEMENTARY INFORMATION : The test procedures do give representative Energy Conservation Program for results; to grant otherwise would give Consumer Products was established unfair advantage to petitioner because pursuant to the Energy Policy and other manufacturers also may deserve Conservation Act, Pub. L. 94-163, as some additional credits for their boiler amended by the National Energy designs. DOE consulted with the Federal Conservation Policy Act, Pub. L.'95-619, Trade Commission on August 20, 1981 which requires the Department of concerning the petition from Energy Energy (DOE) to prescribe standardized Kinetics, Inc. 

### The EnergyKinetic' s petition contends that the low mass purgeable boiler manufactured by the company has design characteristics which prevent testing in accordance with the prescribed DOE test procedures. The petitioner adds further that even if the test procedures were modified to allow testing of the model, the results obtained from the test procedures would provide materially inaccurate comparative data. Specifically, the' petitioner asserts that since the boiler has low mass and low water volume, the temperature rise range of 120°F specified in the existing DOE test procedures (Appendix N, § 2.5.4) will create an inadequate flow rate through the boiler such that the water would flash to steam during the test causing damage to the test unit. The temperature rise range has been the subject of past "applications for exception" filed by manufacturers of
finned tube boilers and resulted in amendments to test procedure. section 2.5.4. Today's decision and order modifies the test procedures to allow Energy Kinetics "purgeable boiler" to be tested in accordance with the provisions heretobefore applicable only to finned tube boilers. Since the problem for both types of boilers is attributable to low thermal mass, similar testing provisions are appropriate, i.e., the water temperature rise is to be 20°F to 40°F. The modification will allow petitioner to test in accordance with existing DOE test procedures. Even with granting of the above-' mentioned modifications, petitioner believes the test procedure still will provide inaccurate information because credits for energy savings attributable to

"purgeable features " are not allowed. Thus, petitioner requests a waiver from the DOE test procedures. Petitioner requests that it be allowed to use other test procedures (for instance, Brookhaven National Laboratory) which give additional credits to designs with "purgeable features," i.e., low thermal

mass , low standby temperatures, circulating pump delay, to obtain boiler efficiency. DOE rejects, at this time, the contention of Energy Kinetics. DOE and
National Bureau of Standards are studying the various designs of purgeable boilers to determine what, if any, test procedure modifications are justified, and will address the issue in a forthcoming rulemaking to amend the DOE furnace test procedures. The rulemaking process will allow all interested parties to participate in determining what changes, if any, are necessary to accurately evaluate these designs.

### -Federal Register / -Vol. 46, No. 232 / Thursday, December 3, 1981 / Notices

In consideration of the-foregoing; it is therefore ordered-that: (1) The "Petition 'for Waiver" filed by Energy Kinetics Incorporated -on December 27;1980 is hereby denied except as set forth in paragraph (2) below, subject to the provisions of paragraphs (3), (4) and (5). (2) Notwithstanding any contrary provisions of 10 CFR, Part 430, Energy Kinetics shall be permitted to test its "purgeable type boiler" with the provisions allowed finned tube boilers -in § 2.5.4 of Appendix N. The Energy Kinetics "purgeable
-boiler" shall be allowed to have a: water flow rate adjusted to produce a temperature rise during steady state operation of 20°F to 40°F and outlet water temperature of 200°F ± 5°F. The . maximum permissible temperature
variation of the return water is limited
to 50°F. (3) With the exception of the - modifications set forth in paragraph (2) above, Energy Kinetics shall comply in all respects with the test procedures specified in 10 CFR, Part 430, Appendix

N. (4) The waiver.shall remain in effect only until the Department of Energy issues. test procedures appropriate to the type of purgeable boiler manufactured by Energy Kinetics-and shall in any event expire.(one year from issuance). (5) The decision-is based upon the -presumed validity of statements, allegations, and documentary materials, submitted by the petitioner and commenters. 'The decision may be revoked or modified at any time upon-a
determination that the factual-basis underlying the-petition is incorrect.

Issued in Washington. D.C.; November 18,

1981. Joseph J . Tribble, "
Assistant Secretary Conservation and Renewable Energy. 

### JFR Doc. 

### 81 -34875 Filed 11-2-81: 8:48 em ) slwNG CODE 6450

.01-SI ' 

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