Antitrust Division - /.) -.-.

CHARLES A. JAMES

Assistant Attorney General

Main Justice Building

950 Pennsylvania Avenue, N.W.

Washington, D.C. 20530-0001

(202) 514-2401 / (202) 616-2645 (f)

antitrust@justice.usdoj.gov (intemet)

http://www.usdoj.gov (World Wide Web)

October 19, 2001

EE-RM/STD-98-440 -4 j

Lee Liberman Otis, General Counsel

Department of Energy

Washington, D.C. 20585

Dear General Counsel Otis:

I am responding to your August 15, 2001 letter seeking the views of the Attorney General

about the potential impact on competition of proposed energy efficiency standards for residential

central air conditioners and central air conditioning heat pumps. Your request was submitted

pursuant to Section 325(o)(2)(B)(i) of the Energy Policy and Conservation Act, 42 U.S.C. §6291,

6295 ("EPCA"), which requires the Attorney General to make a determination of the impact of

any lessening of competition that is likely to result from the imposition of proposed energy

efficiency standards. The Attorney General's responsibility for responding to requests from

other departments about the effect of a program on competition has been delegated to the

Assistant Attorney General for the Antitrust Division in 28 CFR § 0.40(g).

The proposal provides for 12 SEER standards for all types of residential central air

conditioners and central air conditioning heat pumps, except those that are installed through an

exterior wall. We have reviewed the materials that accompanied your August 15 letter, the

materials that you previously provided, and the comments submitted to DOE, as well as the

results of our industry interviews. Based on that review, we have concluded that the proposal

would not adversely affect competition.

Sincerely,

Charles A. Jame

EE-RM-STD-98-440 COMMENT 285

Lee Liberman Otis, General Counsel 

Department of Energy 

Washington, D.C. 20585 

Dear General Counsel Otis: 

DEPARTMENT OF JUSTICE 

Antitrust Division 

CHARLES A. JAMES 

Assistant Attorney General 

Main Justice Building 

950 Pennsylvania Avenue, N.W. 

Washington, D.C. 20530-0001 

(202) 514-2401 1(202) 616-2645 (f) 

antitrust@justice.usdoj.gov (internet) 

http://www.usdoj.gov (World Wide Web) 

October 19, 2001 

EE-RM/STD-98-440 ~c<. ~5 

I am responding to your August 15, 2001 letter seeking the views of the Attorney General 

about the potential impact on competition of proposed energy efficiency standards for residential 

central air conditioners and central air conditioning heat pumps. Your request was submitted 

pursuant to Section 325(0)(2)(B)(i) of the Energy Policy and Conservation Act, 42 U.S.c. §6291, 

6295 ("EPCA"), which requires the Attorney General to make a determination of the impact of 

any lessening of competition that is likely to result from the imposition of proposed energy 

efficiency standards. The Attorney General's responsibility for responding to requests from 

other departments about the effect of a program on competition has been delegated to the 

Assistant Attorney General for the Antitrust Division in 28 CFR § 0.40(g). 

The proposal provides for 12 SEER standards for all types of residential central air 

conditioners and central air conditioning heat pumps, except those that are installed through an 

exterior wall. We have reviewed the materials that accompanied your August 15 letter, the 

materials that you previously provided, and the comments submitted to DOE, as well as the 

results of our industry interviews. Based on that review, we have concluded that the proposal 

would not adversely affect competition. 

Sincerely, 

~.l-L- Charles A. Jame ------