36760 Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

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Delegation of Authority: The Secretary 

of Education has delegated authority to 

Brenda Dann-Messier, Assistant 

Secretary for Vocational and Adult 

Education, to perform the functions and 

duties of the Assistant Secretary for 

Postsecondary Education. 

Dated: June 14, 2013. 

Brenda Dann-Messier, 

Assistant Secretary for Vocational and Adult 

Education, delegated the authority to perform 

the functions and duties of the Assistant 

Secretary for Postsecondary Education. 

[FR Doc. 2013–14651 Filed 6–18–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CD–007] 

Petition for Waiver and Notice of 

Granting the Application for Interim 

Waiver of BSH Home Appliances 

Corporation From the DOE Residential 

Clothes Dryer Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Petition for Waiver, 

Granting of Application for Interim 

Waiver, and Request for Public 

Comments. 

SUMMARY: This notice announces receipt 

of and publishes the BSH Home 

Appliances Corporation (BSH) petition 

for waiver from specified portions of the 

U.S. Department of Energy (DOE) test 

procedure for determining the energy 

consumption of residential clothes 

dryers. The waiver request pertains to 

BSH’s specified models of condensing 

residential clothes dryers. The existing 

test procedure does not apply to 

condensing clothes dryers. In addition, 

today’s notice grants BSH an interim 

waiver from the DOE test procedure 

applicable to residential clothes dryers. 

DOE solicits comments, data, and 

information concerning BSH’s petition. 

DATES: DOE will accept comments, data, 

and information with respect to BSH’s 

Petition until July 19, 2013. 

ADDRESSES: You may submit comments, 

identified by case number CD–007, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov. 

Include the case number [Case No. CD– 

007] in the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Petition for Waiver Case No. CD–007, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter and comments 

received, you may visit the U.S. 

Department of Energy, 950 L’Enfant 

Plaza SW (Resource Room of the 

Building Technologies Program), 

Washington, DC, 20024; (202) 586–2945, 

between 9:00 a.m. and 4:00 p.m., 

Monday through Friday, except Federal 

holidays. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Bryan Berringer, U.S. Department of 

Energy, Building Technologies 

Program, Mail Stop EE–2J, Forrestal 

Building, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

Bryan.Berringer@ee.doe.gov. 

Mr. James Silvestro, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0103. 

Telephone: (202) 286–4224. Email: 

James.Silvestro@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances, which 

includes the residential clothes dryers 

that are the focus of this notice.1 Part B 

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

which measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

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

procedure for clothes dryers is 

contained in 10 CFR part 430, subpart 

B, appendix D. 

DOE’s regulations set forth in 10 CFR 

430.27 contain provisions that enable a 

person to seek a waiver from the test 

procedure requirements for covered 

consumer products. A waiver will be 

granted by the Assistant Secretary for 

Energy Efficiency and Renewable 

Energy (the Assistant Secretary) if it is 

determined that the basic model for 

which the petition for waiver was 

submitted contains one or more design 

characteristics that prevents testing of 

the basic model according to the 

prescribed test procedures, or if the 

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 the petitioner to evaluate the 

basic model in a manner representative 

of its energy consumption. 10 CFR 

430.27(b)(1)(iii). The Assistant Secretary 

may grant the 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 the 

Assistant Secretary to grant an interim 

waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures if it is 

determined that the applicant will 

experience economic hardship if the 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Notices 36761 

application for interim waiver is denied, 

if it appears likely that the petition for 

waiver will be granted, and/or if 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(a)(2); 

430.27(g). An interim waiver remains in 

effect for a period of 180 days or until 

DOE issues its determination on the 

petition for waiver, whichever is sooner, 

and may be extended for an additional 

180 days, if necessary. 10 CFR 

430.27(h). 

Please note that on January 6, 2011, 

DOE published a test procedure final 

rule (76 FR 1032) to include provisions 

for testing ventless clothes dryers. The 

rule became effective on February 7, 

2011, and requires compliance on or 

after January 1, 2015. Ventless clothes 

dryers manufactured on or after January 

1, 2015, must be tested with the new 

DOE test procedure. 

II. Petition for Waiver of Test Procedure 

On May 10, 2013, BSH filed a petition 

for waiver and an application for 

interim waiver from the test procedure 

applicable to residential clothes dryers 

set forth in 10 CFR part 430, subpart B, 

appendix D. BSH seeks a waiver from 

the applicable test procedure for its 

Bosch WTB86200UC, WTB86201UC, 

and WTB86202UC condensing clothes 

dryers because, BSH asserts, design 

characteristics of these models prevent 

testing in accordance with the currently 

prescribed test procedure, as described 

in greater detail in the following 

paragraph. DOE has already granted 

BSH a similar waiver pertaining to their 

condensing clothes dryers. See 76 FR 

19087 (April 6, 2011) (interim waiver); 

76 FR 33271 (June 8, 2011) (Decision 

and Order). DOE also granted waivers 

for the same type of clothes dryer to 

Miele Appliance, Inc. (Miele) (60 FR 

9330, February 17, 1995; 76 FR 17637, 

March 30, 2011), LG Electronics (73 FR 

66641, November 10, 2008), Whirlpool 

Corporation (74 FR 66334, December 15, 

2009), and General Electric (75 FR 

13122, March 18, 2010). BSH claims 

that its condensing clothes dryers 

cannot be tested pursuant to the DOE 

procedure and requests that the same 

waiver granted to other manufacturers 

be granted for BSH’s Bosch 

WTB86200UC, WTB86201UC, and 

WTB86202UC models. 

In support of its petition, BSH claims 

that the current clothes dryer test 

procedure applies only to vented 

clothes dryers because the test 

procedure requires the use of an exhaust 

restrictor on the exhaust port of the 

clothes dryer during testing. Because 

condensing clothes dryers operate by 

blowing air through the wet clothes, 

condensing the water vapor in the 

airstream, and pumping the collected 

water into either a drain line or an inunit container, these products do not 

use an exhaust port like a vented dryer 

does. BSH plans to market its 

condensing clothes dryers for situations 

in which a conventional vented clothes 

dryer cannot be used, such as high-rise 

apartments and other buildings where 

exhaust venting is not practical or is 

cost prohibitive. 

The BSH Petition requests that DOE 

grant a waiver from the existing test 

procedure to allow for the sale of three 

new models (Bosch WTB86200UC, 

WTB86201UC, and WTB86202UC) until 

DOE prescribes final test procedures 

and minimum energy conservation 

standards appropriate to condensing 

clothes dryers. Similar to the other 

manufacturers of condensing clothes 

dryers, BSH did not include an alternate 

test procedure in its petition. 

III. Application for Interim Waiver 

BSH also requests an interim waiver 

from the existing DOE test procedure for 

immediate relief. Under 10 CFR 

430.27(b)(2), each application for 

interim waiver ‘‘shall demonstrate likely 

success of the Petition for Waiver and 

shall address what economic hardship 

and/or competitive disadvantage is 

likely to result absent a favorable 

determination on the Application for 

Interim Waiver.’’ An interim waiver 

may be granted if it is determined that 

the applicant will experience economic 

hardship if the application for interim 

waiver is denied, if it appears likely that 

the petition for waiver will be granted, 

and/or if the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination of the petition for waiver. 

10 CFR 430.27(g). 

DOE has determined that BSH’s 

application for interim waiver does not 

provide sufficient market, equipment 

price, shipments, and other 

manufacturer impact information to 

permit DOE to evaluate the economic 

hardship BSH might experience absent 

a favorable determination on its 

application for interim waiver. DOE 

understands, however, that the BSH 

condensing clothes dryers have a feature 

that prevents testing them according to 

the existing DOE test procedure. In 

addition, as stated in the previous 

section, DOE has previously granted 

waivers to Miele, LG, Whirlpool and GE 

for similar products. It is in the public 

interest to have similar products tested 

and rated for energy consumption on a 

comparable basis, where possible. 

Further, DOE has determined that BSH 

is likely to succeed on the merits of its 

petition for waiver and that it is 

desirable for policy reasons to grant 

immediate relief. 

IV. Interim Waiver Granted 

For the reasons stated above, DOE 

grants BSH’s application for interim 

waiver from testing of its condensing 

clothes dryer product line. Therefore, it 

is ordered that: 

The application for interim waiver 

filed by BSH is hereby granted for BSH’s 

Bosch WTB86200UC, WTB86201UC, 

and WTB86202UC condensing clothes 

dryers. Until a final decision is made on 

its petition for waiver, BSH shall not be 

required to test its Bosch WTB86200UC, 

WTB86201UC, and WTB86202UC 

condensing clothes dryers on the basis 

of the test procedure under 10 CFR Part 

430 subpart B, appendix D. 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may or may not be 

manufactured by the petitioner. BSH 

may submit a new or amended petition 

for waiver and request for grant of 

interim waiver, as appropriate, for 

additional models of clothes dryers for 

which it seeks a waiver from the DOE 

test procedure. In addition, DOE notes 

that grant of an interim waiver or waiver 

does not release a petitioner from the 

certification requirements set forth at 10 

CFR 430.62. 

Further, this interim waiver is 

conditioned upon the presumed validity 

of statements, representations, and 

documents provided by the petitioner. 

DOE may revoke or modify this interim 

waiver at any time upon a 

determination that the factual basis 

underlying the petition for waiver is 

incorrect, or upon a determination that 

the results from the alternate test 

procedure are unrepresentative of the 

basic models’ true energy consumption 

characteristics. 

V. Summary and Request for Comments 

Through today’s notice, DOE grants 

BSH an interim waiver from the 

specified portions of the test procedure 

applicable to BSH’s Bosch 

WTB86200UC, WTB86201UC, and 

WTB86202UC condensing clothes 

dryers and announces receipt of BSH’s 

petition for waiver from those same 

portions of the test procedure. DOE 

publishes BSH’s petition for waiver in 

its entirety pursuant to 10 CFR 

430.27(b)(1)(iv). The petition contains 

no confidential information. 

DOE solicits comments from 

interested parties on all aspects of the 

mstockstill on DSK4VPTVN1PROD with NOTICES

36762 Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Notices 

petition. Pursuant to 10 CFR 

430.27(b)(1)(iv), any person submitting 

written comments to DOE must also 

send a copy of such comments to the 

petitioner. The contact information for 

the petitioner is: Mr. Mike Peebles, 

Technical Services Manager, Laundry, 

BSH Home Appliances Corporation, 100 

Bosch Blvd., New Bern, NC 28562. All 

submissions received must include the 

agency name and case number for this 

proceeding. Submit electronic 

comments in WordPerfect, Microsoft 

Word, Portable Document Format (PDF), 

or text (American Standard Code for 

Information Interchange (ASCII)) file 

format and avoid the use of special 

characters or any form of encryption. 

Wherever possible, include the 

electronic signature of the author. DOE 

does not accept telefacsimiles (faxes). 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies to DOE: one 

copy of the document including all the 

information believed to be confidential 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Issued in Washington, DC, on June 10, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

May 10, 2013 

Dr. David T. Danielson, 

Assistant Secretary, Energy Efficiency & 

Renewable Energy, U.S. Department 

of Energy, Mail Station EE–1, 1000 

Independence Avenue SW., 

Washington, DC 20585, 

david.danielson@ee.doe.gov. 

Via email (David.Danielson@ee.doe.gov) 

and overnight mail 

Re: Petition of Waiver and Application 

for Interim Waiver, BSH Condenser 

Clothes Dryers 

Dear Assistant Secretary Danielson: 

BSH Home Appliances Corporation 

(‘‘BSH’’) hereby submits this Petition for 

Waiver and Application for Interim 

Waiver, pursuant to 10 CFR 430.27, for 

additional models of its condenser type 

clothes dryers. 

BSH is the manufacturer of household 

appliances bearing the brand names of 

Bosch, Thermador, and Gaggenau. Its 

appliances include washing machines, 

clothes dryers, dishwashers, ovens, 

refrigerator-freezers, microwave ovens, 

and vacuum cleaners, and are sold 

worldwide, including in the United 

States. BSH’s United States operations 

are headquartered in Irvine, California. 

This petition and application are 

based on the following major points: 

1. BSH’s petition for new condenser 

clothes dryers introduced in the 

calendar year 2013 are for models 

WTB86200UC, WTB86201UC, 

WTB86202UC 

2. DOE’s previously granted waiver 

covering BSH’s current models 

WTC82100US and WTE86300US. Case 

No. CD–006, dated June 8, 2011 FR Vol. 

76, No. 110, pg 33271. http:// 

www.regulations.gov/ 

#!documentDetail;D=EERE-2011-BTWAV-0025–0002 

3. BSH’s new condenser dryers for 

calendar year 2013 and current models 

(waivered) have exactly the same drying 

concept and principles in relation to the 

applicable test procedures contained in 

10 CFR part 430, subpart B, appendix 

D—Uniform Test Method for Measuring 

the Energy Consumption of Clothes 

Dryers. 

BSH request the same waiver be 

granted for the new models 

(WTB86200UC, WTB86201UC, 

WTB86202UC) as was granted for the 

current comparable products 

(WTC82100US and WTE86300US). 

Additional supplementary and 

background information is attached and 

can be reviewed at the end of this 

petition and application. 

The grounds for the previous and this 

petition and application are: 

a. BHS condenser type clothes dryers 

do not vent exhaust air to the outside 

(exterior of house or apartment) as a 

conventional dryer does. 

b. Having no exhaust vent this type 

product is suited for installations where 

exhaust venting is not practical or is 

cost prohibitive. It thus benefits those 

dwellers of high-rise apartments and 

others who in many cases have no way 

to vent to the outside or at least not 

without considerable remodeling/ 

construction expense. 

c. DOE’s test procedure ‘‘10 CFR part 

430, subpart B, appendix D—Uniform 

Test Method for Measuring the Energy 

Consumption of Clothes Dryers’’ does 

not provide any definition or means for 

testing dryers without an exhaust vent 

(condenser clothes dryers) and does not 

take into account the complex 

differences of energy usage between 

vented and non-vented clothes dryers. 

d. BSH is not aware of any alternative 

test procedure to evaluate in a manner 

representative of the energy 

consumption characteristics of 

condenser clothes dryers. 

e. Lack of relief will impose economic 

hardship on BSH: 

Æ The product would be subject to a 

set of regulations that DOE already 

acknowledges is not applicable to such 

a product and cannot be complied with. 

Proven by existing waiver for current 

BSH dryers. 

Æ BSH dryers are intended to be sold 

as a pair with BSH washing machines; 

an inability to sell the clothes dryer will 

harm sales of the washing machine as 

well. 

The above clearly warrants a waiver. 

10 CFR 430.27 provides for waiver of 

DOE test procedures on the grounds that 

design characteristics that either prevent 

testing according to the prescribed test 

procedure or produce data so 

unrepresentative that true energy 

consumption characteristics provide 

materially inaccurate comparative data. 

BSH condenser dryers contain a design 

characteristic—lack of an exhaust—that 

meet both these requirements. A waiver 

should therefore be granted that 

provides that BSH is not required to test 

its condenser clothes dryers and the 

existing minimum energy conservation 

standard for clothes dryers also should 

not apply to these BSH condenser 

clothes dryers. 

BSH also requests immediate relief by 

grant of an interim waiver. 

We would be pleased to discuss this 

request with DOE and provide further 

information as needed. 

BSH will notify all clothes dryer 

manufacturers of domestically marketed 

units known to BSH of this petition and 

application by letter. 

Sincerely, 

Mike Peebles 

Technical Services Manager, Laundry, 

BSH Home Appliances Corporation, 

100 Bosch Blvd. New Bern, NC 

28562, mike.peebles@bshg.com, 

Phone (252) 636–4477 

Additional supplementary and 

background information: 

i. From DOE’s decision June 8, 2011: 

Action 

Decision and Order. 

Summary 

The U.S. Department of Energy (DOE) 

gives notice of the decision and order 

(Case No. CD–006) that grants to BSH 

Home Appliances Corporation (BSH) a 

waiver from the DOE clothes dryer test 

procedure. The waiver pertains to the 

specified models of condensing 

residential clothes dryer specified in 

BSH’s petition. Condensing clothes 

dryers cannot be tested using the 

currently applicable DOE test 

procedure. Under today’s decision and 

order, BSH shall be not be required to 

test and rate its specified models of 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Notices 36763 

2See FTC Advisory Opinion No. 457, TRRP 

1718.20 (1971 Transfer Binder); 49 FR 32213 (Aug. 

13, 1984); 52 FR 49141, 49147–48 (Dec. 30, 1987). 

residential condensing clothes dryer 

pursuant to this test procedure. 

Dates 

This Decision and Order is effective 

June 8, 2011. 

Supplementary Information 

In accordance with Title 10 of the 

Code of Federal Regulations (10 CFR), 

Section 430.27(l), DOE gives notice of 

the issuance of its decision and order as 

set forth below. The decision and order 

grants BSH a waiver from the applicable 

residential clothes dryer test procedure 

at 10 CFR Part 430 subpart B, appendix 

D, for the two models of condensing 

clothes dryer specified it its petition. 

ii. Excerpts from previous BSH 

petition for waiver 

a. DOE’s existing test procedure for 

clothes dryers requires the use of an 

exhaust restrictor to simulate the 

backpressure effects of a vent tube in an 

installed condition. And the test 

procedure does not provide any 

definition or mention of condenser 

clothes dryers. Since BSH’s condenser 

clothes dryers do not have an exhaust 

vent and the DOE test procedure does 

not provide any definition or mention of 

condenser clothes dryers, the products 

cannot be tested in accordance with the 

test procedure. Thus, the test procedure 

does not apply to them. Consequently, 

the DOE energy conservation standard 

for clothes dryers does not apply to BSH 

condenser dryers since the DOE 

standard must be ‘‘determined in 

accordance with test procedures 

prescribed under section 6293 of this 

title.’’ 42 U.S.C. 6291(6). 

b. Further, the test procedure does not 

provide any definition or mention of 

condenser clothes dryers. The waiver 

should remain in effect until DOE 

prescribes final test procedures and 

minimum energy conservation 

standards appropriate to BSH’s 

condenser clothes dryers. 

c. A warranted waiver is borne out by 

the fact that DOE has granted a waiver 

to Miele for the same type of product. 

60 FR 9330 (Feb. 17, 1995). DOE stated: 

‘‘The Department agrees with Miele and 

AHAM that the condenser clothes dryer 

offers the consumer additional utility, 

and is justified to consume more energy 

(lower energy factor) versus noncondenser clothes dryers. Furthermore, 

the Department believes that the 

existing clothes dryer test procedure is 

not applicable to the Miele condenser 

clothes dryers. This assertion is based 

on the fact that the existing test 

procedure requires the use of an exhaust 

restrictor and does not provide any 

definition or mention of condenser 

clothes dryers. The Department agrees 

with Miele that the current clothes dryer 

minimum energy conservation standard 

does not apply to Miele’s condenser 

clothes dryers. Today’s Decision and 

Order exempts Miele from testing its 

condenser clothes dryer and 

determining an Energy Factor. The 

Department is not publishing an 

amended test procedure for Miele at this 

time because there is not any reason to. 

The existing minimum energy 

conservation standard for clothes dryers 

is not applicable to the Miele condenser 

clothes dryer. Furthermore, the FTC 

does not have a labeling program for 

clothes dryers, therefore, Miele is not 

required to test its condenser clothes 

dryers.’’ 

d. The basic purpose of the Energy 

Policy and Conservation Act, as 

amended by the National Appliance 

Energy Conservation Act, is to foster 

purchase of energy-efficient appliances, 

not hinder such purchases. The BSH 

condenser clothes dryer makes a dryer 

available to households where for 

physical, structural reasons a vented 

dryer could otherwise not be installed. 

BSH condenser clothes dryers thus offer 

benefits 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 thus 

should accommodate and encourage— 

not act to block—such a product. 

e. Granting the interim waiver and 

waiver would also eliminate a non-tariff 

trade barrier. In addition, grant of relief 

would help enhance economic 

development and employment, 

including not only BSH’s operations in 

California, North Carolina, and 

Tennessee, but also at major national 

retailers and regional dealers that carry 

BSH 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. 

[FR Doc. 2013–14590 Filed 6–18–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

Take notice that the Commission 

received the following exempt 

wholesale generator filings: 

Docket Numbers: EG13–43–000. 

Applicants: Battery Utility of Ohio, 

LLC. 

Description: Notice of SelfCertification of Exempt Wholesale 

Generator Status of Battery Utility of 

Ohio, LLC. 

Filed Date: 6/11/13. 

Accession Number: 20130611–5133. 

Comments Due: 5 p.m. ET 7/2/13. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER10–1569–003; 

ER12–21–007; ER10–2783–005; ER10– 

2784–005; ER11–2855–007; ER10–2791– 

005; ER10–2792–005; ER10–1564–004; 

ER10–1565–004; ER10–2795–005; 

ER10–2798–005; ER10–1575–003; 

ER10–2799–005; ER10–2801–005; 

ER11–3727–004; ER10–1566–004; 

ER12–2413–003; ER11–2062–004; 

ER10–1291–005; ER10–2812–004; 

ER10–2843–003; ER11–4307–004; 

ER12–1711–004; ER10–2846–005; 

ER12–261–003; ER10–2871–003; ER13– 

1136–002; ER10–2875–005; ER10–1568– 

004; ER10–1581–006; ER10–2876–005; 

ER10–2878–005; ER10–2879–005; 

ER10–2880–005; ER10–2888–005; 

ER10–2896–005; ER10–2913–005; 

ER10–2914–005; ER10–2916–005; 

ER10–2915–005; ER12–1525–004; 

ER12–2019–003; ER12–2398–003; 

ER10–1582–003; ER11–3459–003; 

ER10–2931–005; ER10–2969–005; 

ER11–4308–004; ER10–1580–006; 

ER11–2856–007; ER11–2857–007; 

ER10–2947–005; ER11–2504–003; 

ER11–2505–003; ER11–2864–003; 

ER11–2506–003; ER11–2508–003; 

ER12–2137–003; ER11–2510–003; 

ER12–2545–003; ER11–2863–003; 

ER11–2854–003; ER11–2513–003; 

ER11–2515–003; ER11–2742–003; 

ER11–2784–003; ER11–2805–003; 

ER10–3143–006. 

Applicants: NRG Power Marketing 

LLC, NRG Power Marketing LLC, Agua 

Caliente Solar, LLC, Arthur Kill Power 

LLC, Astoria Gas Turbine Power LLC, 

Avenal Park LLC, Bayou Cove Peaking 

Power LLC, Big Cajun I Peaking Power 

LLC, Cabrillo Power I LLC, Cabrillo 

Power II LLC, Conemaugh Power LLC, 

Connecticut Jet Power LLC, Cottonwood 

Energy Company, LP , Devon Power 

LLC, Dunkirk Power LLC, El Segundo 

Energy Center LLC, El Segundo Power, 

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