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 FederalRegister 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.

CAS-RM-79-104 COMMENT 11
-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 '

;58733

CAS-RM-79-104 COMMENT 11