U.S. Deportment of Energy
Application for InterimWaiver and Petition for Waiver, 10CFR430, Subpart B,AppendixA1
- Uniform Test Method for Measuring the Energy Consumption of Refrigerator-freezers

Submitted by:

Earl F

.Jones Senior Counsel GE Appliances Appliance Park 2-225 Louisville, KY 40225 earLiones@ge

.com 502-452-3164 (voice) 502-452-0395 (fox) Case No. Non-Confidential Version

1U.S. Department of Energy Application for Interim Waiver and Petition forWaiver, 10CFR430, Subpart B, Appendix A--Uniform Test Method for Measuring Refrigerator-Freezers



### I. 

### Introduction

GE Appliances, an operating division ofGeneral Electric Co., ("GE") is a leading manufacturer and marketerof household appliances, including, as relevant to this proceeding, refrigerator-freezers ("refrigerators"), files this Petition forWaiver and Application for Interim Waiver (collectively, "Petition"). On May 2, 2013, the Assistant Secretary granted an interim waiver1 and on June 27 thefinal**waive~** pursuant to GE's February 28 petition advising the Departmentthat the energy consumption ofGE's new dual compressor refrigerator could not be accurately measured using the test procedure setforth in 430 Subpart B

. Appendix A1. GE continued to test the product underthe waiver-approved test procedure. In issuing the new refrigerator test procedure on April 21, 2014,3 the Assistant Secretary nullified all Appendix A 1 waivers, including the one granted to GE. The Department's decision was explained as follows: After DOE grants a waiver. the agency must, pursuant to its waiver provisions, initiate a rulemaking to amend its regulations to eliminate the continued need for the waiver. 10 CFR 430.27 (m). This final rule addresses this requirement forthe Sub-Zero waiver by amending Appendix A to include a test procedure for multiple-compressor products that is based on the Sub-Zero waiver procedure. The Sub-Zero, Samsung, LG, and GE waivers for multiple-compressor products will terminate on September 15, 2014, the same date that manufacturers must use the test procedures in Appendix A fortesting. 4 The conclusion that GE can use the Appendix A test procedure to accurately measure energy consumption ofthe new 2014 models ofthe productthat was previously covered by waiver is, unfortunately, erroneous. GE has made this point to DOE consistently and on multiple occasions: First, in the 2013 waiver petition, next, atthe NOPR stakeholders meeting held on July25,2013,5 and, finally, in its NOPR comments. 6

2 3 4 5 6 78 FR 25724 et seq. 78 FR 38699 et seq. 79 FR 22320 et seq. 79 FR at 22323 EERE-2012-BT-TP-0016-0023. p. 85-88. 79 FR at 22328 and 22329. 

### 2GE's representative at the stakeholders meeting most clearly described the operation of GE's refrigerator:

7 MR. BROWN: Bill with GE Appliances

. Again, I wouldreiterate that stabilityformultiple compressorproducts is not the same as stabilityfora single compressorproduct. Ifyou did achieve .042 degrees per hour, it may be more due to luck than actually the product [being] what you'd considerto be stable. Again, with both compressors operating on their own schedule, with their own controls, you may see that the fresh food [temperature] is stable and the freezer's not. Then you'd keep going further and the freezer is stable and the fresh food is not. Sothat's again why we chosejust to use a longer period oftime instead oftrying to invoke this

.042 degrees per hour. *******••••••** •• So again, I would reiterate for multiple compressor products,that

... looking at stability with a strict

.042 degrees per hour like you would on a single compressor product is

... just not applicable to the multiple compressor product. MR. BROOKMAN: Okay, thank you. Lucas

. MR. ADIN: Lucas Adin, DOE. Just a quick follow-up question for clarification. So it sounds like, based on your comment Bill, that a single stability criteria for multiple compressor products may not be appropriate because of howthey operate

. It's different from single compressor products

. But is it reasonable to saythat multiple compressor products do getto some form ofstability that is, you know, unique to perhaps each individual product, but at least it's something that you know will repeat consistently overtime, or is it something that you can actually identify? MR. BROWN: Yes

.This is Bill with GE again

. You maysee a repeating operation in the freezer, andyou maysee it in the fresh food

. Butyou'dsee it on different time frames

. So where a freezer temperature maybe high, the fresh food maybe low , andyou know , if youjustpicture a sine curve, these are sine curves thatare out ofphase with one another. So you would neverget to a point, oryou maynevergeta point where you've got both ofthese meeting this type ofstabilitycriteria at the same time. So instead of trying to search through the data, to find iftherejust happensto be [a] place where this occurs, we just chose in ourwaiverto

... use a long period oftime7 (emphasis supplied).

EERE-2012-BT-TP-0016-0023, at p. 88. 

### 3One reason GE's product does not achieve stability as described in Appendix A is that it has two compartments-one for fresh food and one for frozen foods-but unlike what we understand to be the Sub-Zero design, the GE compressors are not designed to synchronize such that both compartments achieve temperature stability at the same time

. Stated anotherway, it is not designed such that

... "the compartment temperature averages forthe first and last complete compressor cycles [of each compressor system can] lie completely within the second part ofthe test [and] within 0.5 

### OF (0.3 

### 0c) ofthe average compartment temperature measured forthe first part ofthe test." Appendix A, 4.2.3.4.2, 

### paraphrased. (See below forfull sectionl While the Appendix A test procedure does adopt the definition of steady state condition that was first approved in the Sub-Zero waiver and subsequently GE's waiver, it imposes an unachievable goal for GE by requiring that a 0.5 

### OF (0.3 

### 0c) steady state condition be achieved by comparing the compartment temperatures during a single freezer compressor cycle to the average compartment temperatures achieved during 24 hours offresh food and freezer compressor cycles. This can only be done ifthe cycles repeat uniformly. As described above and illustrated below, this does not occurwith the GE dual compressor refrigerator. The non-synchronous nature ofthe compressors' operation is depicted in the following plot ofWatts and compartment temperatures versus time.

B For each compressor system ,the compartment temperature averages for the first and last complete compressor cycles that lie completely within the second part ofthe test must be within 0

.5 OF (0.3

### °el ofthe average compartment temperature measured for the first part ofthe test. 

### 4Figure 1

Watts - W«ts - fFAVG - FZAVG 250 .,--- ---- -----------,- 50

.00

200

150 

## +---------

o**.I----~**. 3850 3950 .**-~--~ --~**  -r 4050 4150 Minutes 4150 4350 4(1.00

3000

20

_ 00**T~mp~rature** ,OF)

-1000

As is apparent from the above, at no time during the freezer compressor cycles before the defrost (at appx. 4270 mins.) are the fresh food and freezertemperatures in phase: While the fresh food temperature cycles repeat with each fresh food compressor cycle, the freezertemperature cycles repeat with everytwo freezer compressor cycles. Thus, the Appendix A assumption thatthe cycles are uniform and in phase does not hold for these GE models. The only relevant impact ofthis non-uniformity is the confounding effect on making the required calculation. The product provides improved consumer utility because it provides for bettertemperature and humidity control. 9 

### II. GE's Proposed Waiver Based on the above GE requests that the Assistant Secretary grant it a waiver from the Appendix A test procedure and allow GE to test its refrigerator-freezer model pursuant to the modified procedure previously approved in 78 FR 38699, case No. RF-029, and submitted herewith as Attachment 1. This request is filed pursuant to 10 C.F.R.

9 GE's new models provide the additional environmental benefit of not using HFC refrigerants: Instead the two compressors use isobutane, which has a GWP oftwo orders of magnitude less than HFC-134a. 

### 5§430.2710 as the test procedure does not allow the energy used by GE's new 2014 model. The waiver should continue in effect until DOE amends the test procedure to accommodate such products. GE also requests that the Department grant an interim waiver to test and rate the models listed on Attachment 2. Wewould be pleased to discuss this request with DOE and provide further information as needed. GE requests expedited treatment ofthe Petition and Application. It is critical that the Waiver request be acted on, and hopefully granted, in July 2014 in orderto provide sufficienttime forfinal design and testing bythe September 15, 2014 effective date of the energy efficiency standard. I hereby certify that all manufacturers ofdomestically marketed units ofthe same product type have been notified ofthis Petition and Application, listofwhich is found in Attachment 3, hereto.

EarIF.Jones, unseland Authorized Representative ofGE Appliances

10 The Department's regulations provide that the Assistant Secretarywill grant a Petition upon "determin[ation] that the basic model forwhich the waiver was requested contains a design characteristic which either prevents testing ofthe basic model according to the prescribed test procedures, or the 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 C.F.R. §430.27(1). GE requests that the Assistant Secretary grant this Petition on both grounds. 

### 6ATTACHMENT 1 1440xEP1 0 T2

. 12 ET=( T1 

# )+

# I {[EP2;-(EP1 x

# T1')] x (CT)} i=1 Where:

- ET is the test cycle energy (kWh/day);

- 1440 = number of minutes in a day

- EP1 is the dual compressor energy expended during the first part ofthe test (If at least one compressor cycles, the test period forthe first part ofthe test shall include a whole number ofcomplete primary compressor cycles comprising at least 24 hours ofstable operation, unless a defrost occurs priorto completion of 24 hours ofstable operation, in which case the first part ofthe test shall include a whole number of complete primary compressor cycles comprising at least 18 hours ofstable operation);

- T1 is the length oftime for EP1 (minutes); - D is the total number ofcompartments with distinct defrost systems; - i is the variable that can equal to 1,2 or more that identifies the compartment with distinct defrost system;

- EP2; is the total energy consumed during the second (defrost) part ofthe test being conducted for compartment i. (kWh);

- T2, is the length oftime (minutes) for the second (defrost) part ofthe test being conducted for compartment i.

- 12 = conversion factorto adjust for a 50% run-time ofthe compressor in hours/day

- CT; is the compressor-on time between defrosts foronly compartment i. CT,for compartment iwith long time automatic defrost system is calculated as per 10 CFR Part 430, Subpart B, Appendix A clause 5.2.1.2. CTi for compartment i with variable defrost system is calculated as per 10 CFR part 430 subpart B, Appendix A clause 5

.2

.1.3. (hours rounded to the nearest tenth of an hour). Stabilization : The test shall start after a minimum 24 hours stabilization run for each temperature control setting.



### 7Test Period for EP2;, T2;: EP2; includes precool, defrost, and recovery time for compartment i, as well as sufficient dual compressor cycles to allow T2; to be at least 24 hours, unless a defrost occurs prior to completion of24 hours, in which case the second part ofthe test shall include a whole number ofcomplete primary compressor cycles comprising at least 18 hours. The test period shall start atthe end ofa regularfreezer compressoron-cycle afterthe previous defrost occurrence (refrigerator orfreezer). The test period also includes the target defrost and following freezer compressor cycles, ending atthe end ofa freezer compressoron-cycle before the next defrost occurrence (refrigerator orfreezer). Test Measurement Frequency Measurements shall be taken at regular intervals not exceeding 1 minute

. 

### •••

8ATTACHMENT 2 

### ZIC30····· ZIK30·····

9

### Attachment 3


### CERTIFICATION I hereby certify that GE has notified all refrigerator manufacturers listed below known to GE to sell products in the United States and forwarded them a copy of this waiver:

AGA Marvel Arcelik A.S. BSH Home Appliances Corporation Danby Products, Ltd. Electrolux Home Products NA Fagor America, Inc. Fisher & Paykel Appliances Haier America LG Electronics USA Liebherr-Canada Ltd. MC COMMERCIAL INC. (Mabe Canada) Miele, Inc. Panasonic Consumer Electronics Co. Scotsman Ice Systems Sub-Zero, Inc. U-Line Corporation Viking Range Corporation Whirlpool Corporation
In addition, GE has provided courtesy copies to: The Association of Home Appliance Manufacturers (AHAMI. which generally is interested in DOE proceedings affecting the industry

.ACEEE, NRDC and Alliance to Save Energy are not manufacturers but have an interest in energy efficiency requirements for appliances.