Edwards, Brenda

From: Raymond, Michael

Sent: Wednesday, April 30, 2008 8:48 AM

To: Edwards, Brenda

Subject: CAC-021

Attachments: LG service list for Multi V waiver petition ( 42808).DOC; LG notice to industry re Multi V waiver 

petition ( 42808) .DOC; LG certification of service for Multi V waiver petition (42808) .DOC; LG 

revised waiver request for Multi V multi-splits .DOC

Page 1 of 2

5/4/2008

 

 

Michael Raymond 

Building Technologies Program 

Energy Efficiency and Renewable Energy 

Department of Energy 

Phone: (202) 586-9611 

Fax: (202) 586-4617 

 

From: Hodges, John [mailto:JHodges@wileyrein.com] 

Sent: Tuesday, April 29, 2008 10:45 AM 

To: Raymond, Michael 

Subject: privileged and confidential 

Michael, Per your request, here for your convenience in Word format is the revised LG Multi V multisplit waiver request, including the certification, notice to industry, and service list. 

John 

 

 JOHN A. HODGES 

Attorney At Law 

Wiley Rein LLP 

1776 K Street NW 

Washington, DC 20006 

Tel: 202.719.3377 | Fax: 202.719.7049 

Email: jhodges@wileyrein.com

www.wileyrein.com

 

This message is intended only for the use of the addressee and may contain information that is 

PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are 

not the intended recipient, you are hereby notified that any dissemination of this communication is 

strictly prohibited. If you have received this communication in error, please erase all copies of the 

message and its attachments and notify us immediately. Thank you. 

 

 

Case No. CAC-021 COMMENT 01
NOTICE: This message (including any attachments) from Wiley Rein LLP may constitute an attorneyclient communication and may contain information that is PRIVILEGED and CONFIDENTIAL and/or 

ATTORNEY WORK PRODUCT. If you are not an intended recipient, you are hereby notified that any 

dissemination of this message is strictly prohibited. If you have received this message in error, please do 

not read, copy or forward this message. Please permanently delete all copies and any attachments and 

notify the sender immediately by sending an e-mail to Information@wileyrein.com. 

Page 2 of 2

5/4/2008

Case No. CAC-021 COMMENT 01
April 28, 2008 

To Whom It May Concern: 

Re: LG Electronics, Inc. Petition for Waiver and Application for Interim Waiver; 

Opportunity for Comment 

 This is to notify you by next day delivery of LG Electronics Inc.’s enclosed 

Petition for Waiver and Application for Interim Waiver of the United States Department 

of Energy (DOE) regulations on energy conservation test procedures. In accordance with 

DOE rules, we are also advising you of your opportunity to comment to DOE. The 

Assistant Secretary for Conservation and Renewable Energy will consider timely written 

comments. Comments are to be submitted to: 

 Assistant Secretary for Energy Efficiency and Renewable Energy 

 U.S. Department of Energy 

 1000 Independence Avenue, SW 

 Washington, DC 20585-0107 

 Pursuant to DOE’s rules, please provide us with a copy of any comments. 

 Sincerely, 

 John I. Taylor 

 Vice President, Government Relations 

 LG Electronics USA, Inc. 

 1750 K Street NW 

 Washington, DC 20006 

 Phone: 202-719-3490 

 Fax: 847-941-8177 

 Email: jtaylor@lge.com 

Case No. CAC-021 COMMENT 01
Certification 

 This is to certify that LG Electronics, Inc. has sent by next day delivery a copy of 

its petition for waiver and application for interim waiver for LG Multi V multi-split air 

conditioning systems, known to LG, of domestically marketed units of the same product 

type (as listed the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6311). 

The cover letter to each person states that the person may submit comments to DOE. 

 Attached are the names and addresses of each person to whom a copy of the 

petition and waiver was sent by next day delivery. 

Certified by: 

 John I. Taylor, Vice President, Government Relations 

 LG Electronics USA, Inc. 

 1750 K Street NW 

 Washington, DC 20006 

 Phone: 202-719-3490 

 Fax: 847-941-8177 

 Email: jtaylor@lge.com 

Date: April 28, 2008 

Case No. CAC-021 COMMENT 01
April 28, 2008 

The Honorable Alexander A. Karsner 

Assistant Secretary, Energy Efficiency and Renewable Energy 

United States Department of Energy 

Forrestal Building 

1000 Independence Avenue, S.W. 

Washington, DC 20585 

 

Re: Petition for Waiver and Application for Interim Waiver, 

LG Electronics Multi V Multi-Split Air Conditioning Systems 

Dear Mr. Karsner: 

 LG Electronics, Inc. (LG) respectfully submits this Petition for Waiver and 

Application for Interim Waiver, pursuant to 10 C.F.R. § 431.401, for LG Multi V 

multi-split air conditioning systems, specifically Multi V Plus II and Multi V Sync II 

systems.1 

Among other things, the applicable test procedure does not provide a method for 

testing and rating a system that utilizes so many indoor units; the applicable test 

procedure does not provide a method for rating systems where the type and capacity of 

the indoor unit can be mixed in the same system; and no testing laboratories can test 

products with so many indoor units. 

Waiver relief has been granted for many other comparable commercial multisplits, including Mitsubishi, Samsung, Fujitsu, Sanyo Fisher, and Daikin. See 69 Fed. 

Reg. 52660 (Aug. 27, 2004) (Mitsubishi); 71 Fed. Reg. 14858 (March 24, 2006) 

 

 1 This request is a revision of the request dated April 16, 2008. It adds some 

outdoor models and changes certain model numbers. 

Case No. CAC-021 COMMENT 01
April 28, 2008 

Page 2 

(Mitsubishi); 72 Fed. Reg. 17528 (April 9, 2007) (Mitsubishi); 70 Fed. Reg. 9629 (Feb. 

28, 2005) (Samsung); 72 Fed. Reg. 71387 (Dec. 17, 2007) (Samsung); 72 Fed. Reg. 

71383 (Dec. 17, 2007 (Fujitsu); 73 Fed. Reg. 179 (Jan. 2, 2008) (Sanyo Fisher); 73 

Fed. Reg. 1207, 1213 (Jan. 7, 2008) (Daikin). 

 LG is a manufacturer of digital appliances, as well as mobile communications, 

digital displays, and digital media products. Its appliances include air-conditioners, 

washing machines, clothes dryers, refrigerators, refrigerator-freezers, air cleaners, ovens, 

microwave ovens, dishwashers, and vacuum cleaners and are sold worldwide, including 

in the United States. LG’s U.S. operations are LG Electronics USA, Inc., with 

headquarters at 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632 (tel. 201-816-2000). 

Its worldwide headquarters are located at LG Twin Towers 20, Yoido-dong, 

Youngdungpo-gu Seoul, Korea 150-721 (tel. 011-82-2-3777-1114) URL: 

http.www.LGE.com. LG’s principal brands include LG® and OEM brands, including 

GE® and Kenmore®. LG’s appliances are produced in Korea and Mexico. 

 LG’s Multi V systems are beneficial products, each consisting of a single outdoor 

unit, using a scroll type inverter compressor with variable capacity, that can connect to 

multiple indoor units and that uses variable refrigerant flow and control systems. (In 

certain high capacity applications [152,900 Btu/h and above], a consumer can choose 

between a system using a single outdoor unit and a system using two outdoor units.) 

These multi-splits are intended to be used in zoning systems where an outdoor unit can be 

connected with up to between 13 and 52 separate indoor units in a zoned system, which 

need not be the same models. The operating characteristics allow each indoor unit to 

have a different set temperature and a different mode of operation (i.e., on/off/fan). All 

Case No. CAC-021 COMMENT 01
April 28, 2008 

Page 3 

of the indoor units are capable of operating independently, with their own temperature 

and fan speed setting. Based on those controls, the outdoor unit will then determine the 

cooling or heating capacity delivered into the zones. The system therefore offers great 

flexibility and convenience to the consumer, permitting precise space conditioning 

control throughout the building, and thus saving energy. The cooling capacities of the 

systems are between 76,400 and 310,000 Btu/h. There are 29 outdoor units and 70 

indoor units. Model numbers and related descriptions are set forth in Appendix A. 

 The variable speed, constant speed or dual compressors and the associated 

system controls can direct refrigerant flow throughout the system to precisely meet the 

various heating or cooling loads required in the conditioned areas. The compressor is 

capable of reducing its operating capacity to as little as 10 percent of its rated capacity. 

The outdoor fan motor also has a variable speed drive to properly match the outdoor 

coil to indoor loads. Zone diversity enables the system to have a total connected indoor 

unit capacity of up to 130 percent of the capacity of the outdoor unit. 

 As discussed above, up to between 13 and 52 indoor units can be matched with 

each related outdoor unit. Thus, for each outdoor unit there is a multitude of possible 

combinations of indoor units that can be matched in a system configuration. And since 

there are 29 outdoor units and 70 indoor units, there is an enormous total of possible 

combinations. 

A waiver and interim waiver for LG Multi V systems are warranted because test 

procedures under the Energy Policy and Conservation Act (EPCA), 42 U.S.C. § 6291 

et seq., namely 10 C.F.R. § 431.96, evaluate the basic models in a manner so 

unrepresentative of their true energy consumption characteristics as to provide 

Case No. CAC-021 COMMENT 01
April 28, 2008 

Page 4 

materially inaccurate comparative data, and/or the basic models contain one or more 

design characteristics that prevent testing of the basic model according to the 

prescribed test procedures. In such circumstances DOE “will grant” waiver relief. 10 

C.F.R. §§ 431.401(e)(3), (f)(4). In that regard: 

 -- The test procedure provides for testing of a pair of indoor and outdoor 

assemblies making up a typical split system, but does not specify how LG Multi V 

systems, with so many combinations of indoor units for each outdoor unit, could be 

evaluated. The situation is further complicated by the fact that there are 29 outdoor 

units. It is not practical to test each possible combination, and the test procedure 

provides no alternative rating method for generating efficiency ratings for systems with 

more than one indoor unit. Thus, the test procedure does not contemplate, and cannot 

practically be applied to, LG Multi V systems. 

 -- Testing laboratories cannot test products with so many indoor units. In 

that regard, the testing of multi-splits when all indoor units are connected cannot be 

physically located in a single room. 

 -- The test procedure provides for testing “matched assemblies,” which does 

not apply to LG Multi V systems. Indoor and outdoor coils in split systems are 

typically balanced; that is, the capacity of the outdoor coil is equivalent to the capacity 

of the indoor coil. The test procedure's application to "matched assemblies" 

contemplates such a balance between indoor and outdoor coil capacity. With the Multi 

V systems, however, the sum of the capacity of the indoor units connected into the 

system can be as much as 130 percent of the capacity of the outdoor coil. Such 

unbalanced combinations of LG indoor and outdoor units are permitted by the zoning 

Case No. CAC-021 COMMENT 01
April 28, 2008 

Page 5 

characteristics of the system, the use of electronic expansion valves to precisely control 

refrigerant flow to each indoor coil, and the system intelligence for overall system 

control. The test procedure designed for “matched assemblies” therefore does not 

contemplate or address testing for substantially unbalanced zoning systems such as the 

LG Multi V systems. 

 -- The indoor units are designed to operate at many different external static 

pressure values, which compounds the difficulty of testing LG Multi V systems. A test 

facility could not maintain proper airflow at several different external static pressure 

values for the many indoor units that would be connected to the outdoor unit. 

 * * * 

 For all of these reasons, the existing test procedures evaluate the LG Multi V 

systems in a manner so unrepresentative of their true energy consumption 

characteristics as to provide materially inaccurate comparative data and/or the basic 

models contain one or more design characteristics that prevent testing of the basic 

model according to the prescribed test procedures. Therefore, DOE should grant a 

waiver for LG Multi V systems. See 10 C.F.R. § 431.401(a)(1). The waiver should 

continue until a test procedure can be developed and adopted that will provide the U.S. 

market with a fair and accurate assessment of the LG Multi V system energy 

consumption and efficiency levels. LG intends to work with DOE, stakeholders, and 

the Air-Conditioning and Refrigeration Institute (ARI) to develop the appropriate test 

procedure. 

Case No. CAC-021 COMMENT 01
April 28, 2008 

Page 6 

 There are no alternative test procedures known to LG that could evaluate these 

products in a representative manner (other than perhaps the procedures provided by 

DOE in its waiver decisions for comparable products). 

 That a waiver is warranted is borne out by the fact that DOE has granted waiver 

relief to Mitsubishi, Samsung, Fujitsu, Sanyo Fisher, and Daikin for comparable 

commercial multi-splits. 

Manufacturers of all other basic models marketed in the United States and known 

to LG to incorporate similar design characteristics as found in the LG Multi V systems 

include Mitsubishi Electric and Electronics USA, Mitsubishi Heavy Industries Climate 

Control, Inc., Samsung Air Conditioning, Fujitsu General Limited, Sanyo Fisher (USA) 

Corp., and Daikin AC (Americas), Inc. 

LG also requests immediate relief by grant of an interim waiver. Grant of an 

interim waiver is fully justified: 

-- The petition for waiver is likely to be granted, as evidenced not only by its 

merits, but also because DOE has already granted waiver relief to Mitsubishi, Samsung, 

Fujitsu, Sanyo Fisher, and Daikin for their commercial multi-splits. In such instances, it 

is in the public interest to have similar products tested and rated for energy consumption 

on a comparable basis. 

-- Without waiver relief, LG will be at a competitive disadvantage in the 

market and suffer economic hardship. LG would be placed in an untenable situation: the 

Multi V systems would be subject to a set of regulations that DOE already acknowledges 

should not apply to such a product, while at the same time other manufacturers are 

allowed to operate relieved from such regulations. 

Case No. CAC-021 COMMENT 01
April 28, 2008 

Page 7 

 -- Significant investment has already been made in LG Multi V systems. 

Lack of relief would not allow LG to recoup this investment and would deny LG 

anticipated sales revenue. This does not take into account significant losses in goodwill 

and brand acceptance. 

 -- The basic purpose of EPCA is to foster purchase of energy-efficient 

products, not hinder such purchases. LG Multi V systems produce a benefit to 

consumers and are in the public interest. To encourage and foster the availability of 

these products is in the public interest. Standards programs should not be used as a 

means to block innovative, improved designs.2

 DOE's rules should accommodate and 

encourage -- not act to block -- such a product. 

 -- Granting the interim waiver and waiver would also eliminate a non-tariff 

trade barrier. 

 -- Grant of relief would also help enhance economic development and 

employment, including not only LG Electronics USA’s operations in New Jersey, Illinois 

and Alabama, but also at major national retailers and regional dealers that carry LG 

products. Furthermore, continued employment creation and ongoing investments in its 

marketing, sales and servicing activities will be fostered by approval of the interim 

waiver. Conversely, denial of the requested relief would harm the company and would 

be anticompetitive. 

 

2

 See FTC Advisory Opinion No. 457, TRRP 1718.20 (1971 Transfer Binder); 49 

Fed. Reg. 32213 (Aug. 13, 1984); 52 Fed. Reg. 49141, 49147-48 (Dec. 30, 1987). 

Case No. CAC-021 COMMENT 01
April 28, 2008 

Page 8 

CONCLUSION

 LG respectfully requests that DOE grant a waiver and interim waiver from 

existing test standards for LG Multi V multi-split systems until such time as a 

representative test procedure is developed and adopted for such products. 

 We would be pleased to discuss this request with DOE and provide further 

information as needed. 

 We hereby certify that all manufacturers of domestically marketed units of the 

same product type have been notified by letter of this petition and application, copies of 

which letters are attached (Appendix B). 

 Sincerely, 

 John I. Taylor 

 Vice President, Government Relations 

 LG Electronics USA, Inc. 

 1750 K Street NW 

 Washington, DC 20006 

 Phone: 202–719-3490 

 Fax: 847-941-8177 

 Email: jtaylor@lge.com

Of counsel: 

John A. Hodges 

Wiley Rein LLP 

1776 K Street NW 

Washington, DC 20006 

Phone: 202-719-7000 

Fax: 202-719-7049 

Email: jhodges@wileyrein.com 

Case No. CAC-021 COMMENT 01
April 28, 2008 

Page 9 

APPENDIX A 

Multi V Series Outdoor Units

Plus II 3Ø 460V 60 Hz models: ARUN076DT2, ARUN096DT2, 

ARUN115DT2, ARUN134DT2, ARUN154DT2, ARUN173DT2, ARUN192DT2, 

ARUN211DT2, ARUN230DT2, ARUN250DT2, ARUN270DT2, ARUN290DT2, and 

ARUN310DT2 with nominally rated cooling capacities of 76,400, 95,900, 114,700, 

133,800, 152,900, 172,000, 191,100, 211,000, 230,000, 250,000, 270,000, 290,000, and 

310,000 Btu/h respectively. The maximum number of connectable indoor units is 13, 16, 

20, 23, 26, 29, 32, 35, 39, 42, 49, and 52 respectively. 

Plus II 3Ø 230/208V 60 Hz models: ARUN076BT2, ARUN096BT2, 

ARUN115BT2, ARUN154BT2, ARUN173BT2, ARUN192BT2, ARUN211BT2, and 

ARUN230BT2 with nominally rated cooling capacities of 76,400, 95,900, 114,700, 

152,900, 172,000, 191,100, 211,000, and 230,000 Btu/h respectively. The maximum 

number of connectable indoor units is 13, 16, 20, 26, 29, 32, 35, and 39 respectively. 

Sync II 3Ø 230/208V 60 Hz models: ARUB076BT2, ARUB096BT2, 

ARUB115BT2, ARUB154BT2, ARUB173BT2, ARUB192BT2, ARUB211BT2, and 

ARUB230BT2 with nominally rated cooling capacities of 76,400, 95,900, 114,700, 

152,900, 172,000, 191,000, 211,000, and 230,000 Btu/h respectively. The maximum 

number of connectable indoor units is 13, 16, 20, 26, 29, 32, 35, and 39 respectively. 

Compatible Indoor Units for the Above-Listed Outdoor Units: 

Wall Mounted: ARNU073SEL2, ARNU093SEL2, ARNU123SEL2, 

ARNU153SEL2, ARNU183S5L2, and ARNU243S5L2 with nominally rated cooling 

capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h respectively. 

Art Cool Gallery: ARNU073SF*2, ARNU093SF*2, and ARNU123SF*2 with 

nominally rated cooling capacities of 7,500, 9,600, and 12,300 Btu/h respectively. 

Art Cool Mirror: ARNU073SE*2, ARNU093SE*2, ARNU123SE*2, 

ARNU153SE*2, ARNU183S3*2, and ARNU243S3*2 with nominally rated cooling 

capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h respectively. 

4 Way Cassette: ARNU073TEC2, ARNU093TEC2, ARNU123TEC2, 

ARNU153TEC2, ARNU183TEC2, ARNU243TPC2, ARNU283TPC2, ARNU363TNC2, 

ARNU423TMC2, and ARNU483TMC2 with nominally rated cooling capacities of 

7,500, 9,600, 12,300, 15,400, 19,100, 24,200, 28,000, 36,200, 42,000, and 48,100 Btu/h 

respectively. 

Case No. CAC-021 COMMENT 01
April 28, 2008 

Page 10 

2 Way Cassette: ARNU183TLC2 and ARNU243TLC2 with nominally rated 

capacities of 19,100 and 24,200 Btu/h respectively. 

1 Way Cassette: ARNU073TJC2, ARNU093TJC2, and ARNU123TJC2 with 

nominally rated capacities of 7,500, 9,600, and 12,300 Btu/h respectively. 

Ceiling Concealed Duct - Low Static: ARNU073B1G2, ARNU093B1G2, 

ARNU123B1G2, ARNU153B1G2, ARNU183B2G2, and ARNU243B2G2 with 

nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h 

respectively. 

Ceiling Concealed Duct - Built-in: ARNU073B3G2, ARNU093B3G2, 

ARNU123B3G2, ARNU153B3G2, ARNU183B4G2, and ARNU243B4G2 with 

nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h 

respectively. 

Ceiling Concealed Duct - High Static: ARNU073BHA2, ARNU093BHA2, 

ARNU123BHA2, ARNU153BHA2, ARNU183BHA2, ARNU243BHA2, 

ARNU283BGA2, ARNU363BGA2, ARNU423BGA2, ARNU483BRA2, 

URNU763B8A2, and URNU963B8A2 with nominally rated capacities of 7,500, 9,600, 

12,300, 15,400, 19,100, 24,200, 28,000, 36,200, 42,000, 48,100, 76,400, and 95,500 

Btu/h respectively. 

Ceiling & Floor: ARNU093VEA2 and ARNU123VEA2 with nominally rated 

capacities of 9,600 and 12,300 Btu/h respectively. 

Ceiling Suspended: ARNU183VJA2 and ARNU243VJA2 with nominally rated 

capacities of 19,100 and 24,200 Btu/h respectively. 

Floor Standing with Case: ARNU073CEA2, ARNU093CEA2, 

ARNU123CEA2, ARNU153CEA2, ARNU183CFA2, and ARNU243CFA2 with 

nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h 

respectively. 

Floor Standing without Case: ARNU073CEU2, ARNU093CEU2, 

ARNU123CEU2, ARNU153CEU2, ARNU183CFU2, and ARNU243CFU2 with 

nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h 

respectively. 

Case No. CAC-021 COMMENT 01
April 28, 2008 

Page 11 

APPENDIX B 

Case No. CAC-021 COMMENT 01
Daikin AC (Americas), Inc. 

1645 Wallace Drive 

Suite 110 

Carrollton, TX 75006 

Attn: Yoshinobu Inoue, President 

Fujitsu General America, Inc. 

353 Route 46 West 

Fairfield, NJ 07004 

Attn: Roy Kuczera, Senior Vice President of HVAC Sales, and Arturo Thur De Koos, 

Engineering & Technical Support 

Mitsubishi Electric & Electronics USA, Inc. 

4300 Lawrenceville-Suwanee Road 

Suwanee, GA 30024 

Attn: S. William Rau, Senior Vice President and General Manager, HVAC Advanced 

Products Division 

Mitsubishi Heavy Industries Climate Control Inc. 

3030 E. Victoria Street 

Rancho Dominguez, CA 90221 

Attn: Caesar Ceballos, Technical Support Manager 

Samsung Air Conditioning 

Samsung Electronics Products, LTD. 

2865 Pellissier Pl. 

Whittier, CA 90601 

Attn: John Miles, Director, Engineering & Technical Support 

Sanyo Fisher (USA) Corp. 

1690 Roberts Blvd. 

Suite 110 

Kennesaw, GA 30144 

Attn: Gary Nettinger, Vice President, Technical and Service 

Air-Conditioning and Refrigeration Institute 

4100 North Fairfax Drive 

Suite 200 

Arlington, VA 22203 

Attn: Stephen R. Yurek, Esq., President 

Case No. CAC-021 COMMENT 01