Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Notices 45623 

1Notice of Technical Conference to Discuss 

Increasing Market and Planning Efficiency Through 

Improved Software, 75 FR 27,341 (2010). 

Commission’s Public Reference Room in 

Washington, DC. There is an 

eSubscription link on the web site that 

enables subscribers to receive e-mail 

notification when a document is added 

to a subscribed dockets(s). For 

assistance with any FERC Online 

service, please e-mail 

FERCOnlineSupport@ferc.gov. or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–18981 Filed 8–2–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. AD10–12–000] 

Increasing Market and Planning 

Efficiency Through Improved Software; 

Notice Establishing Date for 

Comments 

July 27, 2010. 

In June 2010, Commission staff 

convened the following technical 

conferences regarding models and 

software related to wholesale electricity 

markets and planning: 1

June 2–3 Enhanced Unit-Commitment 

Models. 

June 9–10 Enhanced Wide-Area 

Planning Models. 

June 23–24 Enhanced Optimal Power 

Flow Models. 

Parties wishing to submit written 

comments regarding the matters 

discussed at the technical conferences 

should submit their comments in 

Docket No. AD10–12–000 on or before 

September 10, 2010. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–18967 Filed 8–2–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. EL10–79–000] 

Morris Energy Group, LLC v.PSEG 

Energy Resources & Trade LLC; PSEG 

Fossil LLC; and PSEG Power LLC; 

Notice of Complaint 

July 27, 2010. 

Take notice that on July 23, 2010, 

Morris Energy Group, LLC (Morris 

Energy) (Complainant) filed a complaint 

against PSEG Energy Resources & Trade, 

LLC, PSEG Fossil LLC and PSEG Power 

LLC (PSEG Power Companies) 

(Respondents), requesting that the 

Federal Energy Regulatory Commission 

(Commission) find that the PSEG Power 

Companies violated their market-based 

rate authority and engaged in market 

manipulation in connection with a 

preferential affiliate retail gas delivery 

rate. 

Morris Energy certifies that copies of 

the complaint were served on the 

contacts listed for Respondent in the 

Commission’s list of Corporate Officials. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211, 385.214). 

Protests will be considered by the 

Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. The Respondent’s answer 

and all interventions, or protests must 

be filed on or before the comment date. 

The Respondent’s answer, motions to 

intervene, and protests must be served 

on the Complainants. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to fileelectronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please email 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: 5 p.m. Eastern Time 

on August 12, 2010. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–18971 Filed 8–2–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–014] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to Samsung 

Electronics America, Inc. From the 

Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. RF–014) 

that grants to Samsung Electronics 

America, Inc. (Samsung) a waiver from 

the DOE electric refrigerator and 

refrigerator-freezer test procedure for 

certain basic models of residential 

refrigerator-freezers containing relative 

humidity sensors and adaptive control 

anti-sweat heaters. Under today’s 

decision and order, Samsung shall be 

required to test and rate these 

refrigerator-freezers equipped with 

adaptive control anti-sweat heaters 

using an alternate test procedure that 

takes this technology into account when 

measuring energy consumption. 

DATES: This decision and order is 

effective August 3, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611, E-mail: 

Michael.Raymond@ee.doe.gov. 

Jennifer Tiedeman, U.S. Department 

of Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0103, (202) 287–6111, E-mail: 

Jennifer.Tiedeman@hq.doe.govmailto:. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR) 430.27(l), 

DOE gives notice of the issuance of its 


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45624 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Notices 

decision and order as set forth below. 

The decision and order grants Samsung 

a waiver from the applicable residential 

refrigerator and refrigerator-freezer test 

procedure found in 10 CFR part 430, 

subpart B, appendix A1 for certain basic 

models of refrigerator-freezers with 

relative humidity sensors and adaptive 

control anti-sweat heaters, provided that 

Samsung tests and rates such products 

using the alternate test procedure 

described in this notice. Today’s 

decision prohibits Samsung from 

making representations concerning the 

energy efficiency of these products 

unless the product has been tested 

consistent with the provisions and 

restrictions in the alternate test 

procedure set forth in the decision and 

order below, and any representations 

fairly disclose the test results. 

Distributors, retailers, and private 

labelers are held to the same standard 

when making representations regarding 

the energy efficiency of these products. 

42 U.S.C. 6293(c). 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Samsung Electronics 

America, Inc. (Case No. RF–014). 

Background 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency, including Part A, which 

provides for the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles.’’ 42 U.S.C. 6291– 

6309. Part A of Title III includes 

definitions, test procedures, labeling 

provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, EPCA 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

that measure energy efficiency, energy 

use, or estimated operating costs, and 

that are not unduly burdensome to 

conduct. 42 U.S.C. 6293(b)(3). 

Today’s notice involves residential 

electric refrigerator and refrigeratorfreezer products covered under Part A of 

Title III. The test procedure for 

residential electric refrigerators and 

refrigerator-freezers is contained in 10 

CFR part 430, subpart B, appendix A1. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver for a particular 

basic model from the test procedure 

requirements for covered consumer 

products when (1) the petitioner’s basic 

model contains one or more design 

characteristics that prevent testing 

according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. (10 CFR 

430.27(a)(1)) Petitioners must include in 

their petition any alternate test 

procedures known to them to evaluate 

the basic model in a manner 

representative of its energy 

consumption characteristics. (10 CFR 

430.27(b)(1)(iii)) 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

(10 CFR 430.27(l)) Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

The waiver process also allows any 

interested person who has submitted a 

petition for waiver to file an application 

for interim waiver of the applicable test 

procedure requirements. (10 CFR 

430.27(a)(2)). The Assistant Secretary 

will grant an interim waiver request if 

it is determined that the applicant will 

experience economic hardship if the 

interim waiver is denied, if it appears 

likely that the petition for waiver will be 

granted, and/or the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination on the petition for 

waiver. (10 CFR 430.27(g)) 

On September 9, 2009, Samsung filed 

a petition for waiver and application for 

interim waiver from the test procedure 

applicable to residential electric 

refrigerators and refrigerator-freezers set 

forth in 10 CFR Part 430, subpart B, 

appendix A1. The products covered by 

the petition employ relative humidity 

sensors, which detect and respond to 

temperature and humidity conditions, 

and then activate adaptive heaters as 

needed to evaporate excess moisture. 

DOE published Samsung’s petition for 

waiver for residential refrigeratorfreezers with adaptive anti-sweat 

heaters, as well as its grant of interim 

waiver to Samsung for these products, 

in the Federal Register on December 15, 

2009. 74 FR 66340. DOE granted 

Samsung’s petition for waiver on March 

18, 2010. 75 FR 13120. 

Assertions and Determinations 

Samsung’s Petition for Waiver: 

On January 20, 2010, Samsung 

informed DOE that, after it filed its 

petition for waiver in September 2009, 

it developed additional basic models 

with adaptive anti-sweat heater 

technology. Samsung asserted that these 

new products function in the same 

manner as the basic models listed in 

Samsung’s September 2009 petition 

with respect to the properties that made 

those products eligible for a waiver. 

Therefore, Samsung requested that DOE 

add these models to the list of basic 

models for which the interim waiver 

was granted. Samsung also requested 

that DOE grant a new waiver for these 

additional basic models. Samsung’s 

petition was published in the Federal 

Register on April 16, 2010. 75 FR 19959. 

Samsung requested that it be 

permitted to use the same alternate test 

procedure DOE prescribed for GE, 

Whirlpool, and other companies 

manufacturing refrigerators and 

refrigerator-freezers equipped with a 

similar technology. Specifically, DOE 

granted GE, Whirlpool, Electrolux, 

Samsung, and Haier waivers on 

February 27, 2008 (73 FR 10425), May 

5, 2009 (74 FR 20695), December 15, 

2009 (74 FR 66338), March 18, 2010 (75 

FR 13122), and June 7, 2010 (75 FR 

32175), respectively. The alternate test 

procedure simulates the energy used by 

the adaptive heaters in a typical 

consumer household, as explained in 

the respective decisions and orders 

referenced above. As DOE has stated in 

the past, it is in the public interest to 

have similar products tested and rated 

for energy consumption on a 

comparable basis. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Samsung petition for waiver. The FTC 

staff did not have any objections to 

granting a waiver to Samsung. 

Conclusion 

After careful consideration of all the 

material that was submitted by Samsung 

and consultation with the FTC staff, it 

is ordered that: 

(1) The petition for waiver submitted 

by Samsung Electronics America, Inc. 

(Case No. RF–014) is hereby granted as 

set forth in the paragraphs below. 

(2) Samsung shall not be required to 

test or rate the following Samsung 

models on the basis of the current test 

procedures contained in 10 CFR part 

430, subpart B, appendix A1. Instead, it 

shall be required to test and rate such 

products according to the alternate test 

procedure as set forth in paragraph (3) 

below: 

RB***H***, RF***H***, RF#***H***, 

RS***H***, RS#***H***. 

(3) Samsung shall be required to test 

the products listed in paragraph (2) 


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Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Notices 45625 

above according to the test procedures 

for electric refrigerator-freezers 

prescribed by DOE at 10 CFR part 430, 

appendix A1, except that, for the 

Samsung products listed in paragraph 

(2) only: 

(A) The following definition is added 

at the end of Section 1: 

1.13 Variable anti-sweat heater 

control means an anti-sweat heater 

where power supplied to the device is 

determined by an operating condition 

variable(s) and/or ambient condition 

variable(s). 

(B) Section 2.2 is revised to read as 

follows: 

2.2 Operational conditions. The 

electric refrigerator or electric 

refrigerator-freezer shall be installed and 

its operating conditions maintained in 

accordance with HRF–1–1979, section 

7.2 through section 7.4.3.3, except that 

the vertical ambient temperature 

gradient at locations 10 inches (25.4 cm) 

out from the centers of the two sides of 

the unit being tested is to be maintained 

during the test. Unless shields or baffles 

obstruct the area, the gradient is to be 

maintained from 2 inches (5.1 cm) 

above the floor or supporting platform 

to a height 1 foot (30.5 cm) above the 

unit under test. Defrost controls are to 

be operative. The anti-sweat heater 

switch is to be off during one test and 

on during the second test. In the case of 

an electric refrigerator-freezer equipped 

with variable anti-sweat heater control, 

the result of the second test will be 

derived by performing the calculation 

described in 6.2.3. Other exceptions are 

noted in 2.3, 2.4, and 5.1 below. 

(C) New section 6.2.3 is inserted after 

section 6.2.2.2. 

6.2.3 Variable anti-sweat heater 

control test. The energy consumption of 

an electric refrigerator-freezer with a 

variable anti-sweat heater control in the 

on position (Eon), expressed in kilowatthours per day, shall be calculated 

equivalent to: 

EON = E + (Correction Factor) 

where E is determined by sections 

6.2.1.1, 6.2.1.2, 6.2.2.1, or 6.2.2.2, 

whichever is appropriate, with the antisweat heater switch in the off position. 

Correction Factor = (Anti-sweat Heater 

Power × System-loss Factor) × (24 

hrs/1 day) × (1 kW/1,000 W) 

Where: 

Anti-sweat Heater Power 

= A1 * (Heater Watts at 5%RH) 

+ A2 * (Heater Watts at 15%RH) 

+ A3 * (Heater Watts at 25%RH) 

+ A4 * (Heater Watts at 35%RH) 

+ A5 * (Heater Watts at 45%RH) 

+ A6 * (Heater Watts at 55%RH) 

+ A7 * (Heater Watts at 65%RH) 

+ A8 * (Heater Watts at 75%RH) 

+ A9 * (Heater Watts at 85%RH) 

+ A10 * (Heater Watts at 95%RH) 

where A1–A10 are defined in the following 

table: 

A1 = 0.034 A6 = 0.119 

A2 = 0.211 A7 = 0.069 

A3 = 0.204 A8 = 0.047 

A4 = 0.166 A9 = 0.008 

A5 = 0.126 A10 = 0.015 

Heater Watts at a specific relative 

humidity = the nominal watts used by 

all heaters at that specific relative 

humidity, 72 °F ambient, and DOE 

reference temperatures of fresh food 

(FF) average temperature of 45 °F and 

freezer (FZ) average temperature of 5 °F. 

System-loss Factor = 1.3 

(4) Representations. Samsung may 

make representations about the energy 

use of its adaptive control anti-sweat 

heater refrigerator-freezer products for 

compliance, marketing, or other 

purposes only to the extent that such 

products have been tested in accordance 

with the provisions outlined above and 

such representations fairly disclose the 

results of such testing. 

(5) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(m). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

Issued in Washington, DC, on July 27, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–19022 Filed 8–2–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 13356–000–RI] 

Slatersville Hydro, LLC; Notice of 

Availability of Environmental 

Assessment 

July 27, 2010. 

In accordance with the National 

Environmental Policy Act of 1969 and 

the Federal Energy Regulatory 

Commission’s regulations, 18 CFR part 

380 (Order No. 486, 52 FR 47879), the 

Office of Energy Projects has reviewed 

the application for exemption from 

licensing for the Slatersville 

Hydroelectric Project, to be located on 

the Branch River, in Providence County, 

Rhode Island, and has prepared an 

Environmental Assessment (EA). In the 

EA, Commission staff analyze the 

potential environmental effects of the 

project and conclude that issuing an 

exemption for the project, with 

appropriate environmental measures, 

would not constitute a major Federal 

action significantly affecting the quality 

of the human environment. 

A copy of the EA is on file with the 

Commission and is available for public 

inspection. The EA may also be viewed 

on the Commission’s Web site at 

http://www.ferc.gov using the ‘‘eLibrary’’ 

link. Enter the docket number excluding 

the last three digits in the docket 

number field to access the document. 

For assistance, contact FERC Online 

Support at 

FERCOnlineSupport@ferc.gov or tollfree at 1–866–208–3676, or for TTY, 

(202) 502–8659. 

Any comments should be filed within 

30 days from the date of this notice. 

Comments may be filed electronically 

via the Internet. See 18 CFR 

385.2001(a)(1)(iii) and the instructions 

on the Commission’s Web site (http:// 

www.ferc.gov/docs-filing/ferconline.asp) 

under the ‘‘eFiling’’ link. For a simpler 

method of submitting text only 

comments, click on ‘‘eComment.’’ For 

assistance, please contact FERC Online 

Support at 

FERCOnlineSupport@ferc.gov; call tollfree at (866) 208–3676; or, for TTY, 

contact (202) 502–8659. Although the 

Commission strongly encourages 

electronic filing, documents may also be 

paper-filed. To paper-file, mail an 

original and eight copies to: Kimberly D. 

Bose, Secretary, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

Please affix Project No. 13356–000 to all 

comments. For further information, 

contact Tom Dean at (202) 502–6041. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–18973 Filed 8–2–10; 8:45 am] 

BILLING CODE 6717–01–P 


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