From: Miller, William [mailto:wmiller@McCarter.com] 

Sent: Tuesday, March 10, 2015 12:54 PM

To: Cohen, Daniel

Cc: Cymbalsky, John; rmurphy@aga.org; Schryver, David; Exparte Communications

Subject: RE: AGA/APGA Questions re Pre-publication Furnace NOPR

Dan: thank you for the response. Hopefully, it goes without saying that we want our questions and 

DOE’s responses (and all other correspondence) to be in the public domain for use as appropriate by all 

interested parties. Your email indicates that DOE is “currently reviewing the questions,” but does not 

state that it intends to answer the questions and post those answers to your public web site, which of 

course is what is needed if we are to understand DOE’s NOPR and the underlying TSD. Please confirm 

that DOE intends to answer the questions and make those answers public at its earliest 

convenience. We are working under the assumption that DOE intends full transparency as to its 

rulemakings (consistent with our agreement in the underlying DFR proceeding), which can only be 

accomplished if the public understands the underpinnings of its proposed rules, which in this instance is 

premised upon a complex and opaque TSD that is not self-explanatory even to trained experts, much 

less the general public. I am copying the DOE ex parte communications address with this email and 

trust that you will see that it is posted accordingly. Bud

From: Cohen, Daniel [mailto:Daniel.Cohen@hq.doe.gov] 

Sent: Tuesday, March 10, 2015 12:13 PM

To: Miller, William

Cc: Cymbalsky, John; rmurphy@aga.org; Schryver, David

Subject: RE: AGA/APGA Questions re Pre-publication Furnace NOPR

Bud,

Thank you very much for your questions. We are currently reviewing the questions. As 

you know, DOE can't answer questions provided by one party concerning a proposed rule 

outside the public docket for the rulemaking. As such, we will include these questions in 

our public docket and post to our ex parte website your e-mail, the questions and this 

response. Also, DOE will review your clarification comments and update the analytical 

tools as appropriate based on your observations. I hope to see you at the March 27 public 

meeting.

Dan
From: Miller, William [mailto:wmiller@McCarter.com] 

Sent: Friday, March 06, 2015 10:06 AM

To: Cohen, Daniel

Cc: Cymbalsky, John; rmurphy@aga.org; Schryver, David

Subject: AGA/APGA Questions re Pre-publication Furnace NOPR

Dan: I am attaching, on behalf of the American Public Gas Association and the American Gas 

Association, a list of technical questions related to the pre-publication furnace NOPR and the 

underlying Technical Support Document. It is important that these questions be answered as 

promptly as possible, preferably before the March 27 public meeting, so we and our technical 

consultants may better understand the underlying bases for the proposed rule. We appreciate 

DOE’s cooperation with this matter and in that regard request that you acknowledge receipt of 

this email and indicate when you anticipate DOE will be able provide the responses to our 

questions. Needless to say, if there are some questions that will delay your response, we would 

appreciate getting your responses to the other questions when they are prepared (versus 

sending all responses when the last one is prepared). If you have any questions regarding this 

email or our questions, please contact me or Rick Murphy at AGA. Thank you – Bud 

William T. Miller| Partner

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