From: Kohl, Elizabeth [Elizabeth.Kohl@hq.doe.gov] Sent: Friday, March 26, 2010 2:44 PM To: 'Donna.Kooperstein@usdoj.gov'; 'Oliver.Richard@usdoj.gov'; 'Sheldon.Kimmel@usdoj.gov' Subject: DOE Section 32 letter for fluorescent lamp ballasts test procedure proposed rule Attachments: TP NOPR.pdf; DOJ Sec. 32 letter fluorescent lamp ballasts.pdf

Good afternoon -- Attached please find a Section 32 letter from DOE for your review, as well as a copy of the proposed rule to amend the test procedures for fluorescent lamp ballasts. The attached documents are being sent to consult with you concerning DOE's use in the proposed test procedure rule portions of certain commercial standards (set forth in the letter). The consultation is required by section 301 of the Department of Energy Organization Act (Pub. L. 95-91), which states that DOE must comply with section 32(c) of the Federal Energy Administration Act of 1974 (FEAA), as amended by the Federal Energy Administration Authorization Act of 1977, 15 U.S.C. 788(c): "The Administrator shall not incorporate within any rule, nor prescribe any rule specifically authorizing or requiring the use of, any commercial standards unless he has consulted with the Attorney General and the Chairman of the Federal Trade Commission concerning the impact of such standards on competition and neither such individual recommends against such incorporation or use." Please let me know if you have any questions. A response would be appreciated within 30 days; I can be reached at this email address or the telephone number below. Thank you, Betsy Betsy Kohl Attorney-Adviser Office of the General Counsel U.S. Department of Energy 202-586-7796

### Department of Energy Washington, DC 20585
March 25, 2010

The Honorable Eric H. Holder, Jr. Attorney General U.S. Department ofJustice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Dear Mr. Attorney General: The Department ofEnergy (DOE) has issued a notice ofproposed rulemaking (NOPR) that would amend its test procedure for fluorescent lamp ballasts, pursuant to Title III, PartA ofthe Energy Policy and Conservation Act (EPCA), 42 U.S.c. 6291 et seq. This proposal would adopt changes to the DOE test procedure to reduce measurement variation. DOE is proposing the incorporation ofprocedures based on the current industry standard. Pursuant to section 301 ofthe Department ofEnergy Organization Act (Pub. 1. 95-91), DOE must comply with section 32(c) ofthe Federal Energy Administration Act of 1974 (FEAA), as amended by the Federal Energy Administration Authorization Act of 1977, 15 U.S.C. 788(c), which states: The Administrator shall not incorporate within any rule, nor prescribe any rule specifically authorizing or requiring the use of, any commercial standards unless he has consulted with the Attorney General and the Chairman ofthe Federal Trade Commission concerning the impact ofsuch standards on competition and neither such individual recommends against such incorporation or use. This letter is being sent to consult with you concerning DOE's use in its proposed test procedure rule portions ofthe following commercial standards: American National Standards Institute (ANSI) (I) ANSI C82.2-2002, "American National Standards for Fluorescent Lamp Ballasts

- Methods ofMeasurement." (2) ANSI C82.1-2004, "American National Standard for Lamp Ballast

- Line-Frequency Fluorescent Lamp Ballast." (3) ANSI C82.l1-2002, "American National Standard for Lamp Ballasts

- High-frequency Fluorescent Lamp Ballasts." 

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Printed with soy ink 011 recycled

### p~rcr(4) ANSI C82. I3-2002, "American National Standard for Lamp Ballasts

- Definitions for Fluorescent Lamps and Ballasts." (5) ANSI C82.3-2002, "American National Standard for Reference Ballasts for Fluorescent Lamps." (6) ANSI C78.81-2005, "American National Standard for Electric Lamps-Double-Capped Fluorescent Lamps-Dimensional and Electrical Characteristics." (7) ANSI C78.901-2005, "American National Standard for Electric Lamps-Single-Based Fluorescent Lamps-Dimensional and Electrical Characteristics." The Department discussed these commercial standards and the potential incorporation or use of portions ofthe standards in the notice ofproposed rulemaking, which has been sent to the Federal Register for publication. I have enclosed for your information a copy ofthe NOPR which references portions ofthe commercial standard on which DOE must consult with you. We would appreciate your comments, ifany, not laterthan 30 days from receipt ofthis letter. If we have not heard from you by that date, we will assume that you do not recommend against incorporation or use ofthe commercial standard discussed above. Thank you for your attention to this matter. Ifmembers ofyour staffhave any questions about this rulemaking, they may contact Francine Pinto or Betsy Kohl ofmy office at (202) 586-7432. Sincerely,

# k/~ardS,Jr. Deputy General Coun el for Energy Policy Enclosure

cc: Angela Hughes U.S. Department ofJustice Antitrust Division 450 5th Street, NW Room 4708 Washington, DC 20001