11530 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 

again in a subdocket related to a 

compliance filing if you have previously 

intervened in the same docket. Protests 

will be considered by the Commission 

in determining the appropriate action to 

be taken, but will not serve to make 

protestants parties to the proceeding. 

Anyone filing a motion to intervene or 

protest must serve a copy of that 

document on the Applicant. In reference 

to filings initiating a new proceeding, 

interventions or protests submitted on 

or before the comment deadline need 

not be served on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC 

20426. 

The filings in the above proceedings 

are accessible in the Commission’s 

eLibrary system by clicking on the 

appropriate link in the above list. They 

are also available for review in the 

Commission’s Public Reference Room in 

Washington, DC. There is an 

eSubscription link on the web site that 

enables subscribers to receive email 

notification when a document is added 

to a subscribed dockets(s). For 

assistance with any FERC Online 

service, please email 

FERCOnlineSupport@ferc.gov. or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–5203 Filed 3–10–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Crystal Lake Wind III, LLC, et al.; 

Notice of Effectiveness of Exempt 

Wholesale Generator Status 

March 4, 2010. 

Docket Nos. 

Crystal Lake Wind III, LLC EG10–6–000 

GardenGarden Wind, LLC EG10–7–000 

Star Point Wind Project 

LLC.

EG10–8–000 

Nacogdoches Power, LLC EG10–9–000 

FSE Blythe 1, LLC ............. EG10–10–000 

Ridgewind Power Partners, 

LLC.

EG10–11–000 

Stetson Wind II, LLC ......... EG10–13–000 

Buffalo Ridge II LLC .......... EG10–14–000 

Elm Creek Wind II LLC ..... EG10–15–000 

Cottonwood Energy Company LP.EG10–16–000 

Take notice that during the months of 

January and February, 2010, the status 

of the above-captioned entities as 

Exempt Wholesale Generators became 

effective by operation of the 

Commission’s regulations 18 CFR 

366.7(a). 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–5205 Filed 3–10–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Energy Efficiency and Renewable 

Energy 

[Case No. RF–010] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to Electrolux 

Home Products, Inc. From the 

Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. RF–010) 

that grants to Electrolux Home Products, 

Inc. (Electrolux) a waiver from the DOE 

electric refrigerator and refrigeratorfreezer test procedure for certain basic 

models containing relative humidity 

sensors and adaptive control anti-sweat 

heaters. Under today’s decision and 

order, Electrolux shall be required to 

test and rate its refrigerator-freezers with 

adaptive control anti-sweat heaters 

using an alternate test procedure that 

takes this technology into account when 

measuring energy consumption. 

DATES: This Decision and Order is 

effective March 11, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611, E-mail: 

AS_Waiver_Requests@ee.doe.gov. Betsy 

Kohl, U.S. Department of Energy, Office 

of General Counsel, Mail Stop GC–71, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103, (202) 586– 

9507; E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR) 430.27(l), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants 

Electrolux a waiver from the applicable 

residential refrigerator and refrigeratorfreezer test procedures in 10 CFR Part 

430 subpart B, appendix A1 for certain 

basic models of refrigerator-freezers 

with relative humidity sensors and 

adaptive control anti-sweat heaters, 

provided that Electrolux tests and rates 

such products using the alternate test 

procedure described in this notice. 

Today’s decision prohibits Electrolux 

from making representations concerning 

the energy efficiency of these products 

unless such product has been tested 

consistent with the provisions and 

restrictions in the alternate test 

procedure set forth in the decision and 

order below, and such representation 

fairly discloses the results of such 

testing. Distributors, retailers, and 

private labelers are held to the same 

standard when making representations 

regarding the energy efficiency of these 

products. (42 U.S.C. 6293(c)) 

Issued in Washington, DC, on March 4, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Electrolux Home 

Products, Inc. (Case No. RF–010). 

Background 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency. Part A of Title III provides for 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ (42 U.S.C. 6291–6309) 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 11531 

Part A includes definitions, test 

procedures, labeling provisions, energy 

conservation standards, and the 

authority to require information and 

reports from manufacturers. Further, 

Part A authorizes the Secretary of 

Energy to prescribe test procedures that 

are reasonably designed to produce 

results that measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) 

Today’s notice involves residential 

products under Part A. The test 

procedure for residential electric 

refrigerator-freezers relevant to the 

current petition for waiver is contained 

in 10 CFR part 430, subpart B, appendix 

A1. 

DOE’s regulations contain provisions 

allowing a person to seek a waiver from 

the test procedure requirements for 

covered consumer products when (1) 

the petitioner’s basic model contains 

one or more design characteristics that 

prevent testing according to the 

prescribed test procedure, or (2) when 

prescribed test procedures may evaluate 

the basic model in a manner so 

unrepresentative of its true energy 

consumption characteristics as to 

provide materially inaccurate 

comparative data. 10 CFR 430.27(a)(1). 

Petitioners must include in their 

petition any alternate test procedures 

known to the petitioner to evaluate the 

basic model in a manner representative 

of its energy consumption 

characteristics. 10 CFR 430.27(b)(1)(iii). 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

The waiver process also allows any 

interested person who has submitted a 

petition for waiver to file an application 

for interim waiver of the applicable test 

procedure requirements. 10 CFR 

430.27(a)(2). The Assistant Secretary 

will grant an interim waiver request if 

it is determined that the applicant will 

experience economic hardship if the 

interim waiver is denied, if it appears 

likely that the petition for waiver will be 

granted, and/or the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination on the petition for 

waiver. 10 CFR 430.27(g). 

On November 5, 2008, Electrolux filed 

a petition for waiver from the test 

procedures applicable to its product line 

of refrigerator-freezers with relative 

humidity sensors and adaptive control 

anti-sweat heaters. The applicable test 

procedures are contained in 10 CFR part 

430, subpart B, appendix A1–Uniform 

Test Method for Measuring the Energy 

Consumption of Electric Refrigerators 

and Electric Refrigerator-Freezers. 

Because the existing test procedure 

under 10 CFR part 430 takes neither 

ambient humidity nor adaptive 

technology into account, it does not 

accurately measure the energy 

consumption of Electrolux’s new 

refrigerator-freezers that feature 

humidity sensors and adaptive control 

anti-sweat heaters. Consequently, 

Electrolux has submitted an alternate 

test to DOE for approval to ensure that 

it is correctly calculating the energy 

consumption of this new product line. 

On June 4, 2009, DOE granted 

Electrolux an interim waiver and 

published Electrolux’s petition for 

waiver. 74 FR 26853. DOE did not 

receive any comments on the Electrolux 

petition. DOE granted the Electrolux 

waiver on December 15, 2009. 74 FR 

66338. 

Assertions and Determinations 

Electrolux’s Petition for Waiver 

On July 13, 2009, Electrolux informed 

DOE that after it filed its petition for 

waiver in November 2008 it developed 

additional basic models with adaptive 

anti-sweat heater technology. Electrolux 

asserted that these new products are 

identical in function and operation to 

the basic models listed in Electrolux’s 

November 2008 petition with respect to 

the properties that made those products 

eligible for a waiver. Therefore, 

Electrolux requested that DOE add these 

models to the list of basic models for 

which the interim waiver was granted. 

In addition, Electrolux requested that 

DOE grant a new waiver for these 

additional basic models. Electrolux’ July 

13 petition was published in the 

Federal Register on December 15, 2009. 

74 FR 66344. The December 15 Federal 

Register notice also modified the 

interim waiver by extending it to 

additional basic models. DOE did not 

receive any comments on the Electrolux 

petition. 

Electrolux requested it be permitted to 

use the same alternate test procedure 

DOE prescribed for GE and Whirlpool 

refrigerators and refrigerator-freezers 

equipped with a similar technology. The 

alternate test procedure applicable to 

the GE and Whirlpool (and now 

Electrolux) products simulates the 

energy used by the adaptive heaters in 

a typical consumer household, as 

explained in the GE decision and order 

referenced above. As DOE has stated in 

the past, it is in the public interest to 

have similar products tested and rated 

for energy consumption on a 

comparable basis. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Electrolux petition for waiver. The FTC 

staff did not have any objections to 

granting a waiver to Electrolux. 

Conclusion 

After careful consideration of all the 

material that was submitted by 

Electrolux and consultation with the 

FTC staff, it is ordered that: 

(1) The petition for waiver submitted 

by Electrolux Home Products, Inc. (Case 

No. RF–010) is hereby granted as set 

forth in the paragraphs below. 

(2) Electrolux shall not be required to 

test or rate the following Electrolux 

models on the basis of the current test 

procedures contained in 10 CFR Part 

430, subpart B, appendix A1, but shall 

be required to test and rate such 

products according to the alternate test 

procedure as set forth in paragraph (3) 

below: 

EI28BS36IW E128BS361B EI28BS36IS EI28BS51IW EI28BS51IB 

EI28BS51IS E123BC361W E123BC361B E123BC361S E123BC511W 

E123BC511B E123BC511S E23BC581SS E23BC58JPS E23BC781SS 

E23BC781PS FGHB2844LP FGHB2844LE FGHB2844LM FGHB2844LF 

FGHB2846LM FGHN2844LP FGHN2844LE FGHN2844LM FGHN2844LF 

FGHB2869LP FGHB2869LE FGHB2879LF FGHN2869LP FGHN2869LE 

FGHN2879LF FPHB2899LF FPHN2899LF 

(3) Electrolux shall be required to test 

the products listed in paragraph (2) 

above according to the test procedures 

for electric refrigerator-freezers 

prescribed by DOE at 10 CFR Part 430, 

appendix A1, except that, for the 

Electrolux products listed in paragraph 

(2) only: 


jlentini on DSKJ8SOYB1PROD with NOTICES
11532 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 

(A) The following definition is added 

at the end of Section 1: 

1.13 Variable anti-sweat heater 

control means an anti-sweat heater 

where power supplied to the device is 

determined by an operating condition 

variable(s) and/or ambient condition 

variable(s). 

(B) Section 2.2 is revised to read as 

follows: 

2.2 Operational conditions. The 

electric refrigerator or electric 

refrigerator-freezer shall be installed and 

its operating conditions maintained in 

accordance with HRF–1–1979, section 

7.2 through section 7.4.3.3. except that 

the vertical ambient temperature 

gradient at locations 10 inches (25.4 cm) 

out from the centers of the two sides of 

the unit being tested is to be maintained 

during the test. Unless shields or baffles 

obstruct the area, the gradient is to be 

maintained from 2 inches (5.1 cm) 

above the floor or supporting platform 

to a height 1 foot (30.5 cm) above the 

unit under test. Defrost controls are to 

be operative. The anti-sweat heater 

switch is to be off during one test and 

on during the second test. In the case of 

an electric refrigerator-freezer equipped 

with variable anti-sweat heater control, 

the result of the second test will be 

derived by performing the calculation 

described in 6.2.3. Other exceptions are 

noted in 2.3, 2.4, and 5.1 below. 

(C) New section 6.2.3. is inserted after 

section 6.2.2.2. 

6.2.3 Variable anti-sweat heater 

control test. The energy consumption of 

an electric refrigerator-freezer with a 

variable anti-sweat heater control in the 

on position (Eon), expressed in kilowatthours per day, shall be calculated 

equivalent to: EON = E + (Correction 

Factor) 

Where E is determined by 6.2.1.1, 6.2.1.2, 

6.2.2.1, or 6.2.2.2, whichever is 

appropriate, with the anti-sweat heater 

switch in the off position. 

Correction Factor = (Anti-sweat Heater 

Power × System-loss Factor) × (24 

hrs/1 day) × (1 kW/1000 W) 

Where: 

Anti-sweat Heater Power = A1 * (Heater 

Watts at 5%RH) 

+ A2 * (Heater Watts at 15%RH) 

+ A3 * (Heater Watts at 25%RH) 

+ A4 * (Heater Watts at 35%RH) 

+ A5 * (Heater Watts at 45%RH) 

+ A6 * (Heater Watts at 55%RH) 

+ A7 * (Heater Watts at 65%RH) 

+ A8 * (Heater Watts at 75%RH) 

+ A9 * (Heater Watts at 85%RH) 

+ A10 * (Heater Watts at 95%RH) 

Where A1–A10 are from the following table: 

A1 = 0.034 A6 = 0.119 

A2 = 0.211 A7 = 0.069 

A3 = 0.204 A8 = 0.047 

A4 = 0.166 A9 = 0.008 

A5 = 0.126 A10 = 0.015 

Heater Watts at a specific relative 

humidity = the nominal watts used by 

all heaters at that specific relative 

humidity, 72 °F ambient, and DOE 

reference temperatures of fresh food 

(FF) average temperature of 45 °F and 

freezer (FZ) average temperature of 5 °F. 

System-loss Factor = 1.3 

(4) Representations. Electrolux may 

make representations about the energy 

use of its adaptive control anti-sweat 

heater refrigerator-freezer products for 

compliance, marketing, or other 

purposes only to the extent that such 

products have been tested in accordance 

with the provisions outlined above and 

such representations fairly disclose the 

results of such testing. 

(5) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(m). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

Issued in Washington, DC, on March 4, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–5228 Filed 3–10–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER10–790–000] 

El Cajon Energy, LLC; Supplemental 

Notice That Initial Market-Based Rate 

Filing Includes Request for Blanket 

Section 204 Authorization 

March 4, 2010. 

This is a supplemental notice in the 

above-referenced proceeding of El Cajon 

Energy, LLC’s application for marketbased rate authority, with an 

accompanying rate tariff, noting that 

such application includes a request for 

blanket authorization, under 18 CFR 

part 34, of future issuances of securities 

and assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is March 24, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding are accessible in the 

Commission’s eLibrary system by 

clicking on the appropriate link in the 

above list. 

They are also available for review in 

the Commission’s Public Reference 

Room in Washington, DC. There is an 

eSubscription link on the Web site that 

enables subscribers to receive e-mail 

notification when a document is added 

to a subscribed dockets(s). For 

assistance with any FERC Online 

service, please e-mail 

FERCOnlineSupport@ferc.gov. or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–5206 Filed 3–10–10; 8:45 am] 

BILLING CODE 6717–01–P 


jlentini on DSKJ8SOYB1PROD with NOTICES