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 Logee

EE-DET-94-001 COMMENT 08
National 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; 37289

EE-DET-94-001 COMMENT 08
Christine 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; 37289

EE-DET-94-001 COMMENT 08
Christine 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

EE-DET-94-001 COMMENT 08