67130 Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Notices

MODEL-Continued

Certified units

Under

certification

Department is soliciting comments,

data, and information respecting the

Petition for Waiver.

DATES : DOE will accept comments, data,

and information not later than January

29, 1996.

ADDRESSES : Written comments and

statements shall be sent to: Department

of Energy, Office of Energy Efficiency

and Renewable Energy, Case No. DH003, Mail Stop EE-43, Room 1J-018,

Forrestal Building, 1000 Independence

Avenue, S.W., Washington, D.C. 20585-

0121, (202) 586-7140.

procedures may evaluate the basic

model in a manner so unrepresentative

of its true energy consumption as to

provide materially inaccurate

comparative data . Waivers generally

remain in effect until final test

procedure amendments become

effective , resolving the problem that is

the subject of the waiver.

An Interim Waiver will be granted if

it is determined that the applicant will

experience economic hardship if the

Application for 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 . Title 10 CFR Part 430,

§ 430.27 (g). An Interim Waiver remains

in effect for a period of 180 days, or

until DOE issues a determination on the

Petition for Waiver, whichever is

sooner, and may be extended for an

additional 180 days, if necessary.

On July 7 , 1995, Vermont Castings

filed an Application for Interim Waiver

and a Petition for Waiver regarding (a)

pilot light energy consumption and (b)

weighted average steady state efficiency.

On October 30, 1995 , Vermont Castings

submitted a letter to DOE requesting

modifications to the model

nomenclature and minimum fuel input

rate of the vented heaters submitted for

consideration in the July 7, 1995 Waiver

requests.

Vermont Castings seeks an Interim

Waiver from the DOE test provisions in

section 3 . 5 of Title 10 CFR Part 430,

Subpart B, Appendix 0, that require

measurement of energy input rate of the

pilot light (Q,), and the use of this data

in section 4.2.6 for the calculation of

AFUE, where:

AFUE=(4400r1ssr1aQa-max) /

(4400r1ssiluQ;a-max+2.5 (4600)TuQp)

Instead, Vermont Castings requests that

it be allowed to delete Q, and

accordingly, the (2.5(4600) 11,, Q,) term

in the calculation of AFUE. Vermont

Castings states that instructions to turn

off the transient pilot by the user when

the heater is not in use are in the User

Instruction Manual and on a label

adjacent to the gas control valve.

Therefore, the additional energy savings

that result when the pilot is turned off

(Qp=O) should be credited. Since the

current DOE test procedure does not

address pilot light energy savings,

Vermont Castings asks that the Interim

Waiver be granted.

Vermont Castings also seeks an

Interim Waiver from the DOE test

provisions in section 3.1.1 of Title 10

CFR Part 430 , Subpart B, Appendix 0,

DV36

DV40

DVS2

DVS3

HEDV30 and HEDV30-1

FSDV30

FS30

FA20

H E30

HEB30

Any questions regarding this subject,

please contact me at the above address. Your

help is highly appreciated. Thank you.

Yours Truly,

Ferdinand M. Francisco,

Lab. Manager.

[FR Doc. 95-31423 Filed 12-27-95; 8:45 am]

BILLING CODE 6450-01-P

FOR FURTHER INFORMATION CONTACT:

William W. Hui, U.S. Department of

Energy, Office of Energy Efficiency

and Renewable Energy, Mail Station

EE-43 1, Forrestal Building, 1000

Independence Avenue, S.W.,

Washington, D.C. 20585-0121, (202)

586-9145,

Eugene Margolis, Esq., U.S. Department

Energy Conservation Program for

Consumer Products : Granting of the

Application for Interim Waiver and

Publishing of the Petition for Waiver of

Vermont Castings , Inc. From the DOE

Vented Home Heating Equipment Test

Procedure (Case No. DH-003)

AGENCY : Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION : Notice.

SUMMARY: Today's notice grants an

Interim Waiver to Vermont Castings,

Inc. (Vermont Castings) from the

existing Department of Energy (DOE or

Department) test procedure regarding

pilot light energy consumption and

weighted average steady-state efficiency

for its manually controlled vented

heaters, models DV25 (Gas Fired

Freestanding Direct Vent Firebox) and

DH2O (Gas Fired Wallmount/Zero

Clearance Direct Vent Firebox).

Today's notice also publishes a

"Petition for Waiver" from Vermont

Castings. Vermont Castings' Petition for

Waiver requests DOE to grant relief from

the DOE vented home heating

equipment test procedure relating to the

use of pilot light energy consumption in

calculating the Annual Fuel Utilization

Efficiency (AFUE) and the calculation of

weighted average steady state efficiency

of its models DV25 and DH2O vented

heaters. Vermont Castings seeks to

delete the required pilot light

measurement (Q,) in the calculation of

AFUE when the pilot is off, and to test

at a minimum fuel input rate of twothirds instead of the specified 5 percent

of 50 percent of the maximum fuel input

rate in the calculation of AFUE. The

of Energy, Office of General Counsel,

Mail Station GC-72, Forrestal

Building, 1000 Independence Avenue,

S.W., Washington, D.C. 20585-0103,

(202) 586-9507

SUPPLEMENTARY INFORMATION: The

Energy Conservation Program for

Consumer Products (other than

automobiles) was established pursuant

to the Energy Policy and Conservation

Act, as amended (EPCA), which requires

DOE to prescribe standardized test

procedures to measure the energy

consumption of certain consumer

products, including vented home

heating equipment. The intent of the

test procedures is to provide a

comparable measure of energy

consumption that will assist consumers

in making informed purchasing

decisions. These test procedures appear

at Title 10 CFR Part 430, Subpart B.

The Department amended the test

procedure rules to provide for a waiver

process by adding § 430.27 to Title 10

CFR Part 430. 45 FR 64108, September

26, 1980. Subsequently, DOE amended

the waiver process to allow the

Assistant Secretary for Energy Efficiency

and Renewable Energy (Assistant

Secretary) to grant an Interim Waiver

from test procedure requirements to

manufacturers that have petitioned DOE

for a waiver of such prescribed test

procedures. Title 10 CFR Part 430,

§ 430.27(a) (2).

The waiver process allows the

Assistant Secretary to waive temporarily

test procedures for a particular basic

model when a petitioner shows that the

basic model contains one or more

design characteristics which prevent

testing according to the prescribed test

procedures, or when the prescribed test

 CAS-RM-79-104 COMMENT 136
Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Notices

which require steady state efficiency of

manually controlled vented heaters with

various input rates to be determined at

a fuel input rate that is within ±5

percent of 50 percent of the maximum

fuel input rate, and the use of this data

in section 4.2.4 to determine the

weighted average steady state efficiency

needed in the calculation of AFUE.

Instead, Vermont Castings requests that

it be allowed to determine steady state

efficiency, weighted average steady state

efficiency, and AFUE at a minimum fuel

input rate of two-thirds of the maximum

fuel input rate for its manually

controlled vented heaters which do not

adjust to an input rate as low as 50

percent. Since the current DOE test

procedure does not address steady state

testing for manually controlled vented

heaters with various input rates at fuel

input rates other than within ±5 percent

of 50 percent of the maximum fuel input

rate, Vermont Castings asks that the

waiver be granted.

Previous Petitions for Waiver to

exclude the pilot light energy input term

in the calculation of AFUE for home

heating equipment with a manual

transient pilot control and allowance to

determine weighted average steady state

efficiency used in the calculation of

AFUE at a minimum fuel input rate of

65.3 percent of the maximum fuel input

rate instead of the specified ±5 percent

of 50 percent of the maximum fuel input

rate have been granted by DOE to

Appalachian Stove and Fabricators, Inc.,

56 FR 51711, October 15, 1991, and

Valor Incorporated, 56 FR 51714,

October 15, 1991.

The Department published a Notice of

Proposed Rulemaking on August 23,

1993, to amend the vented home heating

equipment test procedure, which would

allow the above requests. 58 FR 44583.

Thus, it appears likely that Vermont

Castings' Petition for Waiver for pilot

light and weighted average steady state

efficiency for home heating equipment

will be granted. In those instances

where the likely success of the Petition

for Waiver has been demonstrated based

upon DOE having granted a waiver for

a similar product design, it is in the

public interest to have similar products

tested and rated for energy consumption

on a comparable basis.

Therefore, based on the above, DOE is

granting Vermont Castings an Interim

Waiver for its models DV25 and DH2O

vented heaters. Vermont Castings shall

be permitted to test its models DV25

and DH2O vented heaters on the basis of

the test procedures specified in Title 10

CFR Part 430, Subpart B, Appendix 0,

with the modifications set forth below:

(i) Delete paragraph 3.5 of Appendix

0.

(ii) Delete paragraph 4.2.4 of

Appendix 0 and replace with the

following paragraph:

4.2.4 Weighted Average Steady-State

Efficiency. (a) For manually controlled

heaters with various input rates, the

weighted average steady-state efficiency

(llss-WT) is:

(1) At ± 5 percent of 50 percent of the

maximum fuel input rate as measured in

either section 3.1.1 to this appendix for

manually controlled gas vented heaters

or section 3.1.2 to this appendix for

manually controlled oil vented heaters,

or

(2) At the minimum fuel input rate as

measured in either section 3.1.1 to this

appendix for manually controlled gas

vented heaters or section 3 . 1.2 to this

appendix for manually controlled oil

vented heaters if the design of the heater

is such that ±5 percent of 50 percent of

the maximum fuel input rate can not be

set, provided the tested input rate is no

greater than two-thirds of maximum

input rate of the heater.

(b) For manually controlled heater

with one single firing rate , the weighted

average steady-state efficiency is the

steady-state efficiency measured at the

single firing rate.

(iii) Delete paragraph 4.2.6 of

Appendix 0 and replace with the

following paragraph:

4.2.6 Annual Fuel Utilization

Efficiency. For manually controlled

vented heaters, calculate the Annual

Fuel Utilization Efficiency (AFUE) as a

percent and defined as:

AFUE=ii„

Where:

il„=as defined in section 4.2.5 of this

appendix.

(iv) With the exception of the

modification set forth above , Vermont

Castings shall comply in all respects

with the procedures specified in

Appendix 0 of Title 10 CFR Part 430,

Subpart B.

This Interim Waiver is based upon the

presumed validity of statements and all

allegations submitted by the company.

This Interim Waiver may be removed or

modified at any time upon a

determination that the factual basis

underlying the Application is incorrect.

The Interim Waiver shall remain in

effect for a period of 180 days or until

DOE acts on the Petition for Waiver,

whichever is sooner, and may be

extended for an additional 180-day

period, if necessary.

Vermont Castings' Petition for Waiver

requests DOE to grant relief from the

DOE vented home heating equipment

relating to the pilot light and weighted

average steady state efficiency . Vermont

Castings seeks (a) to exclude the pilot

67131

light energy consumption in the

calculation of AFUE, and (b) to

determine the weighted average steady

state efficiency used in the calculation

of AFUE at a minimum fuel input rate

of two-thirds of the maximum fuel input

rate instead of the specified ±5 percent

of 50 percent of the maximum fuel input

rate. Pursuant to paragraph (b) of Title

10 CFR Part 430.27, the Department is

hereby publishing the "Petition for

Waiver."

The Petition contains confidential

company information; thus, the

confidential attachments submitted by

Vermont Castings are not being

published. The Department solicits

comments, data, and information

respecting the Petition.

Issued in Washington, D.C. on December

21, 1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Vermont Castings

July 7, 1995.

The Honorable Christine Ervin,

Assistant Secretary for Energy Efficiency and

Renewable Energy, United States

Department of Energy, Forrestal

Building, 1000 Independence Avenue,

S. W., Washington, D. C. 20585

Re: Petition for Waiver and Application for

Interim Waiver

Dear Secretary Ervin: This is a Petition for

Waiver and Application for Interim Waiver

submitted pursuant to Title 10 Code of

Federal Regulations 430.27. as amended 14

November 1986. Vermont Castings is

requesting acceptance of two waivers from

the test procedures which appear at 10 CFR,

part 430, subpart B. Appendix O-Uniform

Test Method for Measuring the Energy

Consumption of Vented Home Heating

Equipment. The particular sections for which

the waivers are required are detailed in each

of the following Waiver Requests.

These waivers are requested for:

MODEL DV25

Gas Fired Freestanding Direct Vent Firebox

MODEL DV20

Gas Fired Wallmount/Zero Clearance

Direct Vent Firebox

Waiver Request No. 1-

This request refers to section 3.1.1-Gas

fueled vented home heating equipment and

section 4.2.4-Weighted-average steady-state

efficiency. These sections state that for

manually controlled heaters with various

input rates the weighted-average steady-state

efficiency is measured at a fuel input rate of

±5 percent of 50 percent of the maximum fuel

input rate. Both of the heater models

included in this request utilize a combination

gas control with has a variable pressure

regulator set point which allows the user to

easily vary the manifold pressure of the

appliance within a fixed range of pressures.

Specifically the range of manifold adjustment

 CAS-RM-79-104 COMMENT 136
67132 Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Notices

for Natural gas is 3.5" W.C. to 1.7" W.C. and

for Propane gas from 10.0" W.C. to 4.9" W.C.

These pressure ranges allow the user to vary

the fuel input rates on the model DV25 from

25,000 BTUH to 17,500 BTUH and on the

model DV20 from 20,000 BTUH to 14,000

BTUH. For both models the minimum fuel

input rate is limited to 70% of the maximum

fuel input rate and it is therefore not possible

to operate these heaters in accordance with

the Manufacturer's Users Instructions and

obtain a rate of 50% of the maximum fuel

input rate. Since the 50% rate specified in

the Regulations can not be normally achieved

on these products we request that this

requirement be waived for these appliances.

Vermont Castings requests to utilize the

test procedure proposed by DOE on 23

August, 1993, 58 FR 44538. Accordingly, we

request to calculate the weighted average

steady-state efficiency using the minimum

obtainable fuel input rate provided this rate

is no greater than 2/3 maximum input rate of

the heater. Specifically, the models included

in this request will be tested at 2/3 of the

maximum fuel input rate.

The current test procedure does not credit

Vermont Castings for the additional energy

savings that occur when the minimum fuel

input rate is limited to 70% of the maximum

input rate. Test data shows a significant

increase in the actual overall AFUE when

compared to results obtained at a rate of 50%

of the maximum fuel input rate. Copies of

confidential test data confirming the energy

savings will be forwarded to you upon

request.

Waiver Request No. 2-

This request refers to section 3.5-Pilot

Light Measurement and section 4.2.6-

Annual Fuel Utilization Efficiency (AFUE).

These sections require the measurement of

energy input to the pilot light (Q2) and the

use of this data in the calculation of AFUE

for the energy consumed by the pilot light

when the heater is not in operation.

Both of the heater models included in this

request are designed with a transient pilot

which is to be turned off by the user when

the heater is not in use. The control knob on

the combination gas control in these heaters

has three positions-"OFF ", "PILOT " and

"ON ". Gas flow to the pilot is obtained by

rotating the control knob from "OFF" to

"PILOT", depressing the knob, holding in,

and pressing the piezo ignitor. When the

pilot heats a thermocouple element,

sufficient voltage is supplied to the

combination gas control for the pilot to

remain lit when the knob is released and

turned to the "ON" position. The main

burner can then be ignited by moving an ON/

OFF switch to the "ON " position.

Instructions in both the Users Instruction

Manual and on a label adjacent to the gas

control require the user to move the gas

control knob to the "OFF" position when the

heater is not in use. Since the current test

procedure does not credit Vermont Castings

for the additional energy savings that occur

when the pilot is turned off, we request the

requirement to include energy input to the

pilot light in the AFUE calculation be waived

for these appliances.

Vermont Castings requests to utilize the

test procedure purposed by DOE on 23

August, 1993. 58 FR 44538. Specifically, we

request the term involving the pilot light

energy consumption be deleted from the

calculation of AFUE for the models included

in this request. This results in an AFUE

which is equal to the heating seasonal

efficiency.

Test data shows a significant increase in

the actual overall AFUE when compared to

results obtained when energy input to the

pilot is included in the overall AFUE. Copies

of confidential test data confirming the

energy savings will be forwarded to you upon

request.

Vermont Castings is confident that both of

these waivers will be granted, as similar

waivers have been granted in the past to

Appalachian Stove and Fabricators, Inc. and

Valor Incorporated. Also, the revisions to the

test procedure which we request have been

published by DOE as proposed changes on 23

August, 1993. 58 FR 44538.

Manufacturers that domestically market

similar products are being sent a copy of this

Petition for Waiver and Application for

Interim Waiver.

Sincerely,

Steve Ballou,

Director of Engineering.

DOE Waiver Request Vendors Being Notified

Aladdin Steel Products, Inc., 401 North

Wynne Street, Colville, WA 99114, Attn:

Alan J. Trusler

Canadian Heating Products Inc., 12091 88th

Avenue, Surrey, B.C. V3W 3J5, Canada,

Attn: Dan Binzer, President

CFM Inc., 475 Admiral Boulevard,

Mississauga, Ontario L5T 2N1, Canada,

Attn: Heinz Rieger, President

Fireplace Manufacturers Incorporated, 2701

South Harbor Boulevard, Santa Ana, CA

92704-5803. Attn: Steve Cropp, Vice

President of Engineering

Hearthstone Stoves/NHC Inc., P.O. Box 1069,

Morrisville, VT 05661, Attn: Manuel L.

Perez, President

Heatilator, Inc., 1915 West Saunders Street,

Mt. Pleasant, IA 52641, Attn: Bob Burns,

President

Heat-N-Glo Fireplace Products, Inc., 6665

West Highway 13, Savage, MN 55378, Attn:

Ron Shimek, President

Hunter Enterprises Orillia Ltd., 100 Hunter

Valley Road, P.O. Box 400, Orillia, Ontario

L3V 6K1, Canada, Attn: Bryan Spencer,

Engineering Manager

The Majestic Company, 1000 East Market

Street, Huntington, IN 46750-2576, Attn: J.

Michael Whiteman, Director, Product

Development

Martin Industries, Inc., P.O. Box 128,

Florence, AL 35630, Attn: James D. Wilson,

President and CEO

Mendota Hearth Corporation, 1890 Wooddale

Drive, Woodbury, MN 55125, Attn: Gregory

Iverson, National Marketing Manager

Regency Fireplace Products, 7830 Vantage

Way, Delta, B.C. V4G 1A7, Canada, Attn:

Robert Little, President

Superior Fireplace Company, 4325 Artesia

Avenue, Fullerton, CA 92633-2522, Attn:

Samir Barudi, Vice President, Engineering

Temco Fireplace Products, 301 So. Perimeter

Park Drive, Suite 227, Nashville, TN

37211-4128, Attn: Jack Fahey, Vice

President, Sales and Mktg.

Vermont Castings

October 30, 1995-Revised

Mr. Bill Hui,

Office of Energy Efficiency and Renewable

Energy, United States Department of

Energy, Forrestal Building, 1000

Independence Avenue, S. W.,

Washington, D.C. 20585

Re: Vermont Castings Petition for Waiver and

Application for Interim Waiver

Dear Mr. Hui: I am writing in response to

your request for more information regarding

our Petition for Waiver and Application for

Interim Waiver dated July 7, 1995. Some of

the information in our original request has

been changed.

The gas control for the new model DV25

has been changed to allow the user to adjust

the fuel input rate from a maximum of 25,000

BTUH to a minimum of 20,000 BTUH. The

minimum fuel input rate will be limited to

80 percent of the maximum fuel input rate

rather than 70 percent of the maximum fuel

input rate as stated in our original request.

The model nomenclature for model DV20

has been changed to DH2O and the minimum

fuel input rate will also been limited to 80

percent of the maximum fuel input rate. This

model will have a maximum fuel input rate

of 20,000 BTUH and a minimum fuel input

rate of 16,000 BTUH rather than 14,000

BTUH as stated in our original request.

Both of these models will be shipped from

our factory with a gas control which limits

the range of adjustment by the homeowner to

the ranges specified above. When these units

are tested in our laboratory at lower firerates,

the gas control must be modified in one of

two ways:

• The regulator assembly located on the

gas control is replaced with a regulator

assembly which allows adjustment to a lower

manifold pressure (lower firerate).

• The regulator assembly located on the

gas control is modified by breaking a seal and

readjusting internal stops to allow

adjustment to a lower manifold pressure.

Even though these Vermont Castings units

can only be turned down to 80 percent of

their maximum fire rate when shipped from

our factory we have requested to calculate

AFUE ratings for our initial production units

by testing at 2/3's of the maximum fire rate.

Attached to this letter is data from one preproduction model which compares AFUE

ratings based on fire rates of 100 percent, 80

percent, 2/3 and 50 percent of the maximum

fire rate. This data shows that an AFUE rating

based on 2/3 maximum firerate is lower than

an AFUE rating based on 80 percent

maximum firerate.

Vermont Castings will support a DOE

proposal to rate appliances at the lower value

obtained form tests at the maximum firerate

and the minimum firerate as shipped from

the factory. Until this test procedure can be

finalized, we request that our interim waiver

utilizing a more conservative method of

rating at 2/3 maximum firerate be granted as

soon as possible.

 CAS-RM-79-104 COMMENT 136
Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Notices

Sincerely,

Dave Christensen,

Project Engineer.

[FR Doc. 95-31424 Filed 12-27-95; 8:45 am]

BILLING CODE 6450-01-M

Office of Fossil Energy

[Docket No. FE C&E 95-01-Certification

Notice-147]

Panda Brandywine, Limited

Partnership, Notice of Filing of Coal

Capability Powerplant and Industrial

Fuel Use Act

AGENCY: Office of Fossil Energy,

Department of Energy.

ACTION : Notice of filing

Plant Configuration: Combined cycle,

cogeneration facility.

Capacity: 230 megawatts.

Fuel: Natural gas.

Purchasing Entities: Potomac Electric

Power Company.

In-Service Date: October 31, 1996.

Issued in Washington, D.C., December 19,

1995.

Anthony J. Como,

Director, Office of Coal & Electricity, Office

of Fuels Programs, Office of Fossil Energy.

[FR Doc. 95-31421 Filed 12-27-95; 8:45 am]

BILLING CODE 6450-01-M

[Docket No. FE-R-79-43B]

Electric and Gas Utilities Covered in

1996 by Titles I and III of the Public

SUMMARY: On December 11, 1995, Panda

Brandywine, Limited Partnership,

submitted a coal capability selfcertification pursuant to section 201 of

the Powerplant and Industrial Fuel Use

Act of 1978, as amended.

ADDRESSES : Copies of self-certification

filings are available for public

inspection, upon request, in the Office

of Fuels Programs, Fossil Energy, Room

3F-056, FE-52, Forrestal Building, 1000

Independence Avenue, SW.,

Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT:

Ellen Russell at (202) 586-9624.

SUPPLEMENTARY INFORMATION : Title II of

the Powerplant and Industrial Fuel Use

Act of 1978 (FUA), as amended (42

U.S.C. 8301 et seq.), provides that no

new baseload electric powerplant may

be constructed or operated without the

capability to use coal or another

alternate fuel as a primary energy

source. In order to meet the requirement

of coal capability, the owner or operator

of such facilities proposing to use

natural gas or petroleum as its primary

energy source shall certify, pursuant to

FUA section 201(d), to the Secretary of

Energy prior to construction, or prior to

operation as a base load powerplant,

that such powerplant has the capability

to use coal or another alternate fuel.

Such certification establishes

compliance with section 201(a) as of the

date filed with the Department of

Energy. The Secretary is required to

publish a notice in the Federal Register

that a certification has been filed. The

following owner/operator of a proposed

new baseload powerplant has filed a

self-certification in accordance with

section 201(d).

Owner: Panda Brandywine, Limited

Partnership.

Operator: Panda Brandywine, Limited

Partnership.

Location: Brandywine, Maryland.

Utility Regulatory Policies Act of 1978

and Requirements for State Regulatory

Authorities To Notify the Department

of Energy

AGENCY: Office of Fossil Energy,

Department of Energy.

ACTION: Notice.

SUMMARY : Sections 102(c) and 301(d) of

the Public Utility Regulatory Policies

Act of 1978 (PURPA) require the

Secretary of Energy to publish a list,

before the beginning of each calendar

year, identifying each electric utility

and gas utility to which Titles I and III

of PURPA apply during such calendar

year. In addition, sections 102(c) and

301(d) of PURPA require each State

regulatory authority to notify the

Secretary of Energy of each electric

utility and gas utility on the list for

which such State regulatory authority

has ratemaking authority. Written

comments are requested on the accuracy

of the list of electric utilities and gas

utilities. This Notice is to announce the

availability of the 1996 list.

The list is available both in hard copy

and electronically. The hard copy

version of the 1996 list is being

provided by mail to all State regulatory

authorities. Other parties interested in

receiving the hard copy list may contact

the FOR FURTHER INFORMATION CONTACT

identified below. In addition, the Office

of Fuels Programs operates an electronic

bulletin board as a service to

commercial and government users, as

well as the general public. The 1996 list

is also available by accessing the

bulletin board.

DATES : Notifications by State regulatory

authorities and written comments must

be received by no later than 4:30 p.m.

on February 15, 1996.

ADDRESSES : Notifications and written

comments should be forwarded to:

Department of Energy, Office of Coal

67133

and Electricity, FE-52, 1000

Independence Avenue, SW., Room 3F070, Docket No. FE-R-79-43B,

Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT:

Steven Mintz, Office of Coal and

Electricity, Fossil Energy, Department of

Energy, 1000 Independence Avenue,

SW., Room 3F-070, FE-52, Washington,

DC 20585, Telephone 202/586-9506.

SUPPLEMENTARY INFORMATION:

1. Background

Pursuant to sections 102(c) and 301(d)

of PURPA, Pub. L. 95-617, 92 Stat. 3117

et seq. (16 U.S.C. 2601 et seq.,

hereinafter referred to as the Act) the

Department of Energy (DOE) is required

to publish a list of utilities to which

Titles I and III of PURPA apply in 1996.

State regulatory authorities are

required by the Act to notify the

Secretary of Energy as to their

ratemaking authority over the listed

utilities. The inclusion or exclusion of

any utility on or from the list does not

affect the legal obligations of such

utility or the responsible authority

under the Act.

The term "State regulatory authority"

means any State, including the District

of Columbia and Puerto Rico, or a

political subdivision thereof, and any

agency or instrumentality, which has

authority to fix, modify, approve, or

disapprove rates with respect to the sale

of electric energy or natural gas by any

utility (other than such State agency). In

the case of a utility for which the

Tennessee Valley Authority (TVA) has

ratemaking authority, the term "State

regulatory authority" means the TVA.

Title I of PURPA sets forth ratemaking

and regulatory policy standards with

respect to electric utilities. Section

102(c) of Title I requires the Secretary of

Energy to publish a list, before the

beginning of each calendar year,

identifying each electric utility to which

Title I applies during such calendar

year. An electric utility is defined as any

person, State agency, or Federal agency

that sells electric energy. An electric

utility is covered by Title I for any

calendar year if it had total sales of

electric energy, for purposes other than

resale, in excess of 500 million kilowatthours during any calendar year

beginning after December 31, 1975, and

before the immediately preceding

calendar year. An electric utility is

covered in 1996 if it exceeded the

threshold in any year from 1976 through

1994.

Title III of PURPA addresses

ratemaking and other regulatory policy

standards with respect to natural gas

utilities. Section 301(d) of Title III

 CAS-RM-79-104 COMMENT 136