UNITED STATES GOVERNMENT DEPARTMENT OF ENERGY

m e m o r a n d u m

DATE : July 26, 1993

REPLY TO

ATTN OF: Carl Adams, EE-431

SUBJECT : Whirlpool Interpretation of Clothes Washer Test

Procedure

Whirlpool has designed a new line of clothes washers

which has a warm rinse on some, but not all cycles,

including not on the Whirlpool defined normal cycle.

Whirlpool has interpreted the DOE test procedure in a

way that they claim, for the purposes of rating and

labeling , they can test the machine on a cycle without

the warm water rinse. Whirlpool first inquired about

their interpretation in October 1992 and DOE sent a

letter in December disagreeing with their

interpretation . This was followed by another round of

letters and a meeting with Whirlpool at their request

on July 7, 1993 . In our communications with Whirlpool,

we have informed them that we believe that the product

should be tested at all temperature combinations,

including the warm rinse.

Michael McCabe , Eugene Margolis and I discussed the

Whirlpool request on July 23, and agreed that the test

procedure required testing of all temperature

combinations available . I called Mike Thompson of

Whirlpool that afternoon , and informed him of our

interpretation . Mike strongly disagreed but asked what

the options were. I explained the waiver procedure to

him, including the interim waiver, and that Whirlpool

could argue for a waiver on the premise that the test

procedure wouldn ' t give meaningful results if Whirlpool

believed that because of their control scheme that

consumers would use less hot water . He didn't like

that reason because it would be an admission that their

interpretation was incorrect . I then told him that

Whirlpool perhaps could argue on the basis that the

machine couldn ' t be tested by the test procedure. He

said that was possible , but doubted that Whirlpool

 EE-RM-93-701 COMMENT 0C

UNITED STATES GOVERNMENT DEPARTMENT OF ENERGY 

memorandum 

DATE: 

REPLY TO 

ATTN OF: 

SUBJECT: 

TO: 

THRU: 

July 26, 1993 

Carl Adams, EE-431 ~~~~ 

Whirlpool Interpretation of Clothes Washer Test 

Procedure 

.JOhllWjll~~ EE-40 

~~(~ke, EE-43 

Whirlpool has designed a new line of clothes washers 

which has a warm rinse on some, but not all cycles, 

including not on the Whirlpool defined normal cycle. 

Whirlpool has interpreted the DOE test procedure in a 

way that they claim, for the purposes of rating and 

labeling, they can test the machine on a cycle without 

the warm water rinse. Whirlpool first inquired about 

their interpretation in October 1992 and DOE sent a 

letter in December disagreeing with their 

interpretation. This was followed by another round of 

letters and a meeting with Whirlpool at their request 

on July 7, 1993. In our communications with Whirlpool, 

we have informed them that we believe that the product 

should be tested at all temperature combinations, 

including the warm rinse. 

Michael McCabe, Eugene Margolis and I discussed the 

Whirlpool request on July 23, and agreed that the test 

procedure required testing of all temperature 

combinations available. I called Mike Thompson of 

Whirlpool that afternoon, and informed him of our 

interpretation. Mike strongly disagreed but asked what 

the options were. I explained the waiver procedure to 

him, including the interim waiver, and that Whirlpool 

could argue for a waiver on the premise that the test 

procedure wouldn't give meaningful results if Whirlpool 

believed that because of their control scheme that 

consumers would use less hot water. He didn't like 

that reason because it would be an admission that their 

interpretation was incorrect. I then told him that 

Whirlpool perhaps could argue on the basis that the 

machine couldn't be tested by the test procedure. He 

said that was possible, but doubted that Whirlpool 

UNITED STATES GOVERNMENT DEPARTMENT OF ENERGY 

memorandum 

DATE: 

REPLY TO 

ATTN OF: 

SUBJECT: 

TO: 

THRU: 

July 26, 1993 

Carl Adams, EE-431 ~~~~ 

Whirlpool Interpretation of Clothes Washer Test 

Procedure 

.JOhllWjll~~ EE-40 

~~(~ke, EE-43 

Whirlpool has designed a new line of clothes washers 

which has a warm rinse on some, but not all cycles, 

including not on the Whirlpool defined normal cycle. 

Whirlpool has interpreted the DOE test procedure in a 

way that they claim, for the purposes of rating and 

labeling, they can test the machine on a cycle without 

the warm water rinse. Whirlpool first inquired about 

their interpretation in October 1992 and DOE sent a 

letter in December disagreeing with their 

interpretation. This was followed by another round of 

letters and a meeting with Whirlpool at their request 

on July 7, 1993. In our communications with Whirlpool, 

we have informed them that we believe that the product 

should be tested at all temperature combinations, 

including the warm rinse. 

Michael McCabe, Eugene Margolis and I discussed the 

Whirlpool request on July 23, and agreed that the test 

procedure required testing of all temperature 

combinations available. I called Mike Thompson of 

Whirlpool that afternoon, and informed him of our 

interpretation. Mike strongly disagreed but asked what 

the options were. I explained the waiver procedure to 

him, including the interim waiver, and that Whirlpool 

could argue for a waiver on the premise that the test 

procedure wouldn't give meaningful results if Whirlpool 

believed that because of their control scheme that 

consumers would use less hot water. He didn't like 

that reason because it would be an admission that their 

interpretation was incorrect. I then told him that 

Whirlpool perhaps could argue on the basis that the 

machine couldn't be tested by the test procedure. He 

said that was possible, but doubted that Whirlpool 
would go the waiver route and instead would seek a

declarative judgement.

The DOE test procedure for clothes washers is designed

to measure the estimated annual operating costs of such

appliances . Typically , over 80 percent of the energy

used by a clothes washer is for heating water.

Therefore , it is very important for the test procedure

to include all hot water usage to obtain the desired

results . The test procedure requires the testing of

each wash/ rinse temperature selection available that

uses hot water . The results from each of the

selections is then weighted by a Temperature

Utilization Factor which is derived from Procter and

Gamble research on what percentage of the time

consumers use various wash/rinse temperatures.

Whirlpool is arguing that the language of the test

procedure only requires testing of those wash/rinse

temperature selections which are on the normal cycle as

defined by the manufacturer. Although the test

procedure was designed for clothes washers where all

wash/ rinse temperatures are available on all cycles,

OCS believes that the language , purpose and intended

results are clear and that Whirlpool is misinterpreting the test procedure.

The consequences of a finding favorable to Whirlpool

have the potential to completely negate the 1994

clothes washer energy efficiency standard and the more

than .5 quad of energy savings that would result.

Under the Whirlpool interpretation, a manufacturer

could offer clothes washers with the full range of

wash/ rinse temperatures, but design the controls to

offer only cold water wash and rinse on the normal

cycle, and therefore , not include any hot water

consumption in the measured test results. Under this

scenario , any all-temperature clothes washer would

easily meet the 1994 standard and appear to be among

the most efficient on the market.

cc: Bill Hui, EE-431

Eugene Margolis, GC-41

 EE-RM-93-701 COMMENT 0C

would go the waiver route and instead would seek a 

declarative judgement. 

The DOE test procedure for clothes washers is designed 

to measure the estimated annual operating costs of such 

appliances. Typically, over 80 percent of the energy 

used by a clothes washer is for heating water. 

Therefore, it is very important for the test procedure 

to include all hot water usage to obtain the desired 

results. The test procedure requires the testing of 

each wash/rinse temperature selection available that 

uses hot water. The results from each of the 

selections is then weighted by a Temperature 

Utilization Factor which is derived from Procter and 

Gamble research on what percentage of the time 

consumers use various wash/rinse temperatures. 

Whirlpool is arguing that the language of the test 

procedure only requires testing of those wash/rinse 

temperature selections which are on the normal cycle as 

defined by the manufacturer. Although the test 

procedure was designed for clothes washers where all 

wash/rinse temperatures are available on all cycles, 

OCS believes that the language, purpose and intended 

results are clear and that Whirlpool is misinterpreting the test procedure. 

The consequences of a finding favorable to Whirlpool 

have the potential to completely negate the 1994 

clothes washer energy efficiency standard and the more 

than .5 quad of energy savings that would result. 

Under the Whirlpool interpretation, a manufacturer 

could offer clothes washers with the full range of 

wash/rinse temperatures, but design the controls to 

offer only cold water wash and rinse on the normal 

cycle, and therefore, not include any hot water 

consumption in the measured test results. Under this 

scenario, any all-temperature clothes washer would 

easily meet the 1994 standard and appear to be among 

the most efficient on the market. 

cc: Bill Hui, EE-431 

Eugene Margolis, GC-41 

would go the waiver route and instead would seek a 

declarative judgement. 

The DOE test procedure for clothes washers is designed 

to measure the estimated annual operating costs of such 

appliances. Typically, over 80 percent of the energy 

used by a clothes washer is for heating water. 

Therefore, it is very important for the test procedure 

to include all hot water usage to obtain the desired 

results. The test procedure requires the testing of 

each wash/rinse temperature selection available that 

uses hot water. The results from each of the 

selections is then weighted by a Temperature 

Utilization Factor which is derived from Procter and 

Gamble research on what percentage of the time 

consumers use various wash/rinse temperatures. 

Whirlpool is arguing that the language of the test 

procedure only requires testing of those wash/rinse 

temperature selections which are on the normal cycle as 

defined by the manufacturer. Although the test 

procedure was designed for clothes washers where all 

wash/rinse temperatures are available on all cycles, 

OCS believes that the language, purpose and intended 

results are clear and that Whirlpool is misinterpreting the test procedure. 

The consequences of a finding favorable to Whirlpool 

have the potential to completely negate the 1994 

clothes washer energy efficiency standard and the more 

than .5 quad of energy savings that would result. 

Under the Whirlpool interpretation, a manufacturer 

could offer clothes washers with the full range of 

wash/rinse temperatures, but design the controls to 

offer only cold water wash and rinse on the normal 

cycle, and therefore, not include any hot water 

consumption in the measured test results. Under this 

scenario, any all-temperature clothes washer would 

easily meet the 1994 standard and appear to be among 

the most efficient on the market. 

cc: Bill Hui, EE-431 

Eugene Margolis, GC-41