DOE F 1325.8 (8-89), EFG (07-90) 

## United States Government 

# memorandum

SUBJECT: 

### Exemption of Certain Lamps Subject to FTC Labeling Rules 

## Department of Energy 

# C-E-D T-q oo

TO: Carl Adams, EE-431

I have reviewed NEMA's letter of March 3, 1994, to Christine Ervin regarding NEMA's request for a DOE determination that compliance with the EPAct standards will result in manufacturer's discontinuing certain electric lamps. Based on my reading of the letter, EPAct and our conversations, I believe there is some difference of opinion as to what we can and should do in response to NEMA's request.
Section 123(e) of EPAct provides that "[i]f the Secretary determines that compliance with the standards specified in section 325(j) for any lamp will result in a discontinuance of the manufacture of such lamp, the Commission may exempt such lamp from the labeling rules prescribed under clause (i)." My reading of the legislation is quite clear what are issues. First, we have to determine what lamps NEMA seeks exemption for; and second, whether these lamps would be subject to the standard; and if so, would they meet the standard. If we determine they are subject to the standard, and that they fail to meet EPAct's requirements, then we have no choice but to issue the requested determination. While we may be concerned with how much energy would be used during this period, it has no basis in the decision.
Please draft a response to NEMA's letter, for Christine Ervin's signature, by close-ofbusiness Thursday. If you think the requested determination should not be granted, lets discuss the matter, Our response should clearly state, in the industry's terms, which lamps are currently being manufactured and will be discontinued after October 24, 1995, because they fail to meet the standards specified in section 325(j). The response should be quite specific so that there aren't any uncertainties as to whether they may be covered by some other exemption, e.g., rough or vibration service lamps.


## cc: Terry LogeeNational Electrical Manufacturers Association 2101 L Street, NW, Suite 300 Washington, DC, 20037-1526 Phone: 202/457-8452 Fax: 202/457-8468

Timothy Feldman Vice President Government Affairs

March 3, 1994

BY MESSENGER

Ms. Christine A. Ervin Assistant Secretary 

### Energy Efficiency and Renewable Energy Department of Energy Washington, D.C. 20585

Re: Implementation of Energy Policy Act of 1992

Dear Secretary Ervin:

I am writing to advise you of recent developments regarding implementation of the Energy Policy Act of 1992 with respect to electric lamps and to request a meeting with you and your staff to expedite one urgent matter which NEMA representatives discussed with you at our meeting in your office on February 2, 1994.

The urgent matter concerns whether lamp manufacturers will obtain an exemption from FTC labeling rules for lamps which will become obsolete after new energy efficiency standards take effect on November 1, 1995. The need for an exemption arises because the FTC labeling rules will take effect on or around April 25, 1995, approximately six months prior to the November 1, 1995 effective date for energy efficiency standards for certain covered lamps. The Energy Policy Act expressly authorizes the FTC to exempt, during this six-month gap period, those lamps which DOE determines will become obsolete when the energy efficiency standards take effect. Such an exemption would permit manufacturers, during this six-month gap period, to avoid costly and confusing labeling of approximately 300 million production units of lamps.

SRTO1!.SAM; 37289Christine Ervin

March 3, 1994 Page 2

Under the terms of the Energy Policy Act of 1992, the FTC must issue its final labeling rules by April 24 of this year. FTC staff recently met with DOE staff (Terry Logee and Carl Adams of the Office of Codes and Standards and Gene Margolis of the General Counsel's Office) and informed them that, in order to include the exemption of obsolete lamps in the forthcoming final regulations, DOE must provide a letter to the FTC describing the lamp types which will become obsolete when the new standards take effect. Because of the FTC's April 24 deadline, it is imperative that DOE furnish FTC the requested determination letter within the next week or two.

Based on information received this week from DOE staff, NEMA is extremely concerned that DOE will not be in a position to provide the requested letter to FTC in a timely manner. DOE staff has asked that a time consuming and unnecessary study be conducted by Lawrence Berkeley Laboratory before staff takes further action. The time taken for this study could effectively preclude DOE's issuance of the requested determination letter.

As we discussed at our February 2 meeting, time is of the essence in this matter. FTC is adhering to the statutory deadline for issuing its final labeling rules. DOE is being asked to provide a simple letter describing those lamps that will become obsolete under the new energy efficiency standards. DOE is not being asked to determine whether such lamps should be exempted from labeling rules; by statute, the exemption decision is entirely FTC's. NEMA counsel has previously furnished FTC and DOE staffs with a draft determination letter which we believe satisfies the statutory requirements.

We have endeavored to work closely with the staff of the Office of Codes and Standards and Mr. Margolis to provide them with relevant factual information. We believe that DOE staff has all the requisite information to prepare the requested determination letter for FTC. We urgently request a meeting with you and your staff, including Mr. Margolis of the General Counsel's Office, to determine whether DOE will issue promptly the requested determination letter to the FTC.

SRT01!

.SAM; 37289Christine Ervin

March 3, 1994 Page 3

We appreciate the many demands which the Energy Policy Act places on your time and on your staff's time. We believe your personal involvement is essential to expedited 

### implementation of this part of the Energy Policy Act. We thank you, in advance, for your intercession in this matter.

Please do not hesitate to call me or Kyle Pitsor (457-8448) for any additional information you may request regarding this matter.



### tom'" Tim Feldman Vice President Government Affairs

cc: M. McCabe , Office of Codes and Standards

C. Adams, Office of Codes and Standards T. Logee, Office of Codes and Standards E. Margolis, Office of General Counsel

SRT01!.SAM: 37289