Qtougress of t}f e Nuiteil §tales 

Bns(fiitgton, ll<!r 20515 

The Honorable Daniel B. Poneman 

Acting Secretary 

U.S. Department of Energy 

1000 Independence Ave. SW 

Washington, DC 20585 

Dear Acting Secretary Poneman: 

May 17, 2013 

We are writing to comment on the Department of Energy's (DOE) February 15, 2013 Notice of 

Proposed Rule Making (NOPR) regarding the proposed waiver for large-capacity electricresistance water heaters capable of being used in demand response and thermal storage 

programs. It is important that DOE act to permit manufacturers to continue producing the water 

heaters used by hundreds of utility load control programs across the country. 

We appreciate DOE's recognition of the importance of demand response and thermal storage to 

electricity consumers, to the reliability of the electric grid and to the integration of renewable 

resources into our nation's power supply. We also appreciate DOE's recognition of the need to 

mitigate the impact of its 2010 efficiency standard on those programs. However, we believe 

DOE's current proposal falls well short of the mark. An annual waiver allowing the 

manufacturing of only a limited number of electric water heaters with the restrictive conditions 

in the proposal will not meet the needs of manufacturers, utilities, or their consumers - our 

constituents. 

We support demand response and the development of alternative energy resources as a means of 

achieving energy efficiency standards. Utilities' demand response programs use large-capacity 

electric-resistance water heaters to increase the integration of renewable resources, decrease peak 

demand, and help stabilize the grid, all while lowering the cost of electricity to our constituent 

consumer-members. Used in this manner, electric resistance water heaters are helping achieve 

multiple energy objectives - something that would be all but eliminated with the proposed 

annual waiver of the new standard. 

DOE's proposed annual waiver in the recent NOPR provides insufficient certainty to ensure 

continued manufacturing capacity for demand response products, and will preclude new thermal 

storage programs to integrate additional renewable energy sources. A separate product class for 

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grid interactive water heaters, as expressly supported by numerous utilities, manufacturers, 

associations and several other members of Congress, would provide such certainty. In the 

alternative, a more realistic, 5-year waiver, without the limitations imposed in the NOPR, should 

be considered. 

We urge DOE to reconsider the proposed annual waiver process and reach a solution that is 

practical, allowing electric cooperatives and other utilities to continue to operate and expand 

their demand response programs while providing consumers with affordable hot water. On 

behalf of our constituents, manufacturers, and utilities, we appreciate your consideration of our 

views and look forward to your response. 

Sincerely, 

Spencer achus 

Member of Congress 

Member of Congress 

San or Bishop 

Member of Congress 

Jo Bonner 

Member of Congress 

Member of Congress 

Michele Bachmann 

Member of Congress 

Lou 

~ Barletta 

Member of Congress 

A~d~~ Gus Bilirakis 

Member of Congress 

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Member of Congress 

Member of Congress 
Tom Cole 

M~:sQ~ Steve Daines 

Member of Co ess 

Tom Graves 

Member of Congress 

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~I. ;ptp. Rodney Dav~ 

~~ Member of Congress 

Brett Guthrie 

Member of Congress 

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Bill Johnso 

Member of ongress 

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Member of Congress 

Steve King 

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Adam Kinzinger 

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Bill Huizenga 

Member of Congress 

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Collin Peterson 

Me~ber of Congress 

Tom Rice 

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