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 

### UNITEDSTATESGOVERNMENT DEPARTMENTOFENERGY 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 whichhas a warm rinse on some, but not all cycles, including not on the Whirlpool defined normal cycle. Whirlpool has interpreted the DOE testprocedure in a way that they claim, for the purposes of rating and labeling, they can test the machine on a cycle without the warmwater rinse. Whirlpool first inquired about their interpretation inOctober 1992 and DOE sent a letter in December disagreeing with their interpretation. This was followed by another round of letters and a meeting withWhirlpool at their request
on July 7, 1993. In our communications withWhirlpool,
we have informed them that we believe that the product should be tested at all temperature combinations, including the warmrinse.

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 calledMike Thompson of Whirlpool that afternoon, and informed him of our interpretation. Mike stronglydisagreed but asked what the options were. I explained the waiver procedure to him, including the interimwaiver, and thatWhirlpool could argue for a waiver on the premise that the test procedure wouldn't give meaningful results ifWhirlpool believed thatbecause of their control scheme that
consumers would use less hot water. He didn't like that reasonbecause itwould be an admission that their interpretationwas incorrect. I then told him that Whirlpool perhaps could argue on the basis that the machine couldn't be tested by the testprocedure. He said thatwas possible, but doubted thatWhirlpool 

### UNITEDSTATESGOVERNMENT DEPARTMENTOFENERGY 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 whichhas a warm rinse on some, but not all cycles, including not on the Whirlpool defined normal cycle. Whirlpool has interpreted the DOE testprocedure in a way that they claim, for the purposes of rating and labeling, they can test the machine on a cycle without the warmwater rinse. Whirlpool first inquired about their interpretation inOctober 1992 and DOE sent a letter in December disagreeing with their interpretation. This was followed by another round of letters and a meeting withWhirlpool at their request
on July 7, 1993. In our communications withWhirlpool,
we have informed them that we believe that the product should be tested at all temperature combinations, including the warmrinse.

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 calledMike Thompson of Whirlpool that afternoon, and informed him of our interpretation. Mike stronglydisagreed but asked what the options were. I explained the waiver procedure to him, including the interimwaiver, and thatWhirlpool could argue for a waiver on the premise that the test procedure wouldn't give meaningful results ifWhirlpool believed thatbecause of their control scheme that
consumers would use less hot water. He didn't like that reasonbecause itwould be an admission that their interpretationwas incorrect. I then told him that Whirlpool perhaps could argue on the basis that the machine couldn't be tested by the testprocedure. He said thatwas possible, but doubted thatWhirlpoolwould 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 intendedresults 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 insteadwould 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 heatingwater. Therefore, it 

### is very important for the test procedure to include all hot water usage to obtain the desired results. The testprocedure requires the testing of eachwash/rinse temperature selection available that
uses hot water. The results from each of the selections 

### is thenweightedby a Temperature UtilizationFactorwhich 

### is derived from Procter and Gamble research onwhat percentage of the time
consumers use various wash/rinse temperatures. Whirlpool 

### is arguing that the language of the test procedure onlyrequires 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 thatWhirlpool is misinterpreting the test procedure.

The consequences of a finding favorable to Whirlpool have the potential to completelynegate 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 anyhot water consumption in the measured test results. Under this scenario, any all-temperature clothes washer would easilymeet 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 insteadwould 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 heatingwater. Therefore, it 

### is very important for the test procedure to include all hot water usage to obtain the desired results. The testprocedure requires the testing of eachwash/rinse temperature selection available that
uses hot water. The results from each of the selections 

### is thenweightedby a Temperature UtilizationFactorwhich 

### is derived from Procter and Gamble research onwhat percentage of the time
consumers use various wash/rinse temperatures. Whirlpool 

### is arguing that the language of the test procedure onlyrequires 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 thatWhirlpool is misinterpreting the test procedure.

The consequences of a finding favorable to Whirlpool have the potential to completelynegate 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 anyhot water consumption in the measured test results. Under this scenario, any all-temperature clothes washer would easilymeet the 1994 standard and appear to be among the most efficient on the market.

cc: Bill Hui, EE-431 Eugene Margolis, GC-41