### 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 ofEnergy Washington, D.C. 20585 

### Dear General Counsel Otis: I am responding to your August 15, 2001 letter seeking the views ofthe Attorney General about thepotential impact on competition ofproposed energy efficiency standards forresidential central air conditioners and central air conditioning heat pumps. Your request was submitted pursuant to Section 325(o)(2)(B)(i) ofthe Energy Policy and Conservation Act, 42 U.S.C. §6291, 6295 ("EPCA"), which requires the Attorney General to make a determination ofthe impact of any lessening ofcompetition that is likely to result from the imposition ofproposed energy efficiency standards. The Attorney General's responsibility for responding to requests from other departments about the effect ofa 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 ofresidential 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 ofour industry interviews. Based on that review, we have concluded that the proposal would not adversely affect competition. Sincerely,

Charles A. Jame Lee Liberman Otis, General Counsel Department ofEnergy 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 amresponding to your August 15, 2001 letter seeking the views ofthe Attorney General about thepotential impact on competition ofproposed energy efficiency standards for residential central air conditioners and central air conditioning heatpumps. Yourrequest was submitted pursuant to Section 325(0)(2)(B)(i) ofthe Energy Policy and Conservation Act, 42 U.S.c. §6291, 6295 ("EPCA"), whichrequires the Attorney General to make a determination ofthe impact of any lessening ofcompetitionthat is likely to result from the imposition ofproposed energy efficiency standards. The Attorney General's responsibility for responding to requests from other departments about the effect ofa program oncompetition has been delegated to the Assistant Attorney General for the Antitrust Division in 28 CFR § 0.40(g). Theproposalprovides for 12 SEER standards for all types ofresidential central air conditioners and central air conditioning heat pumps, except those that are installed through an exteriorwall. Wehavereviewed the materials that accompanied yourAugust 15 letter, the materials that youpreviouslyprovided, and the comments submitted to DOE, as well as the results ofourindustry interviews. Based onthat review, we have concluded thatthe proposal would not adversely affect competition. Sincerely,

# ~.l-L- Charles A. Jame

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