## MV Working Group Agenda (Schedule may vary, depending on rate of progress through agenda items) 

## Thursday, September 15,2011 9:00-Noon Introductions Agenda Ground rules for Committee (see Attachment) Discussion ofschedule and location ormeetings Noon - 2:00 Lunch Break

Overview of NavigantlLBL Analysis Identification ofkey issues and sub-issues, data needs and capabilities 

## Friday, September 16,2011 9:00 - Noon Identification ofkey issues, data needs and capabilities (cont'd) Discussion oforder ofdiscussion and schedule for decision on issues 

### Noon - 2:00 Lunch Break 2:00 - 3:30 

### Meeting wrap up 3:30 AdjournDRAFT version 2 

## U.S. DEPARTMENT OF ENERGY LIQUID-IMMERSED AND MEDIUM VOLTATE DRY-TYPE DISTRIBUTION TRANSFORMERS NEGOTIATED RULEMAKING WORKING GROUP 

## GROUNDRULES 1. Goal ofthe Liquid-Immersed and Medium Voltage Dry-Type Negotiated Rulemaking Working Group ("Committee") The goal ofthe Committee is to reach consensus on a recommended sct ofenergy efficiency standards for liquid-immersed and medium-voltage dry-type distribution transformers. 2. Participants a. Interests Represented. Any interest that would be significantly afTected by the rule may be represented in the negotiations. b. Parties to the Negotiations. The Committee consists ofthose individuals whom the Secretary appoints, as nominated by the affected interests. F.ach organization or interest caucus that is directly represented on the Committee shall be deemed a party to the negotiations. c. Committee Members. Each committee member appointed by the Secretary agrees to serve until the dissolution ofthe Committee unless that member becomes unable to serve, resigns, or ceases to maintain the representational requirements. d. Alternates for Committee Members. Each party to the negotiations may designate an alternate Committee Member. Alternates may substitute for Committee Members in the event the Member cannot attend a session ofthe Committee. Only Committee Members may vote on any consensus recommendation, and any alternate casting a vote shall do so on behalfofthe Committee Member, and not as a representative oftheir own organization's interest, if different. e. Additional Interests. Additional organizational interests mayjoin the Committee ar!cr negotiations have begun only with the concurrence ofthe Conunittee. f. Attendance and Participation at Meetings. (I) Attendance. Each Committee Member agrees to make a good faith effort to attend every session ofthe Negot iating Committee. Attendance and voting may be by telephone or other electronic means . In addition, the Committee Member's alternate agrees to make a good faith effort to attend all Committee meetings and to represent the interest at any meeting that the Member is unable to attend.DRAFf version 2 

### 2 (2) Participation. Only Committee Members or their alternates have the privilege of sitting at the negotiating table and ofspeaking from the floor during the negotiations without Committee approval, except: (a) any Committee Member may caU upon another individual to elaborate on a relevant point, (b) Committee Counsel may raise and address appropriate points, and (c) any person attending the Committee meetings may address the Committee iftime permits or file statements with the Committee. g. Constituents' Interests. Committee Members are expected to represent the concerns oftheir interest group to ensure that any agreement developed by the Committee is acceptable to the organization or caucus which the Committee Member represents. 3 . Decisionmaking a. Consensus. 'Inc Committee will operate by consensus which, for these purposes, means the unanimous concurrence ofall parties to the negotiations present and voting. Concurrence will be assumed absent overt dissent, evidenced by a negative vote. Abstention shall not be construed as a negative VOIC. All agreements reached during the negotiations are tentative and may be made by the Members present at the meeting or their Alternates who attend a meeting in their stead until the Committee reaches an aJ:,>Teement that is binding on the panies. h. Workgroups. (1) Workgroups may be fonned to address specific issues and to develop information for, advise, and make recommendations to the Conunittee . Although each party may designate a member ofeach workgroup, the membership ofeach workgroup should consist ofno more than fifteen people. Other individuals who the Committee believes would enhance the functioning of a workgroup or representatives ofinterests that would be significantly affected by the topics addressed by the workgroup but which are not otherwise represented on the Negotiating Committee may also serve on that workgroup . Not all organizations or interest caucuses represented on the Negotiating Committee need to participate in each workgroup. (2) The Department ofEnergy (DOE) will provide appropriate support for the Committee and the Workgroups, including a senior economist, senior teclmical staff, clerical support, and so forth . (3) Workgroups are not authorized to make decisions for the Committee as a whole. Decisions to forward a report ofa workgroup to the Negotiating Committee shall be made with the concurrence ofall workgroup members who are present at the meeting**wher~** the decision is madc. (4) Workgroup meetings will be held between the full sessions and will be scheduled in thc same location and time whenever possible. All Committee Members will be notified ofall workgroup meetings.DRAFT version 2

c. Discontinue if Unproductive. do not appear productive. The Committee may discontinuc negotiations 

## at any time ifthey , r • d. Deadline for Negotiations. Negotiations will tenninate by December 22,2011 unless the Conunittec decides to extend the deadline . Every reasonable effort shall be made to conclude negotiations and report a consensus Tenn Sheet to the DOE by December 16, 201 1. 4 . Agreement 3

a . Term Sheet and supporting analysis. Any agreement reached by the Committec on reconunended standards for some or all covered products will take the fonn ofa written statement that will be signed by all parties to the negotiations. For purposes ofthis Agreement, the tenn "standard" or "rule" shall be deemed to include any detennination that a revision of the standard is unnecessary for some or all covered products, It is anticipated that the agreement will include a written statement that includes (a) a Tcnn Sheet outlining the significant tenns ofthe Proposed Rule and (b) supporting analysis as needed to explain andjustify the agreed tenns from a legal, engineering and economic perspective. DOE staff will be responsible for translating this Tenn Sheet and analysis, into the language ofa proposed rule, its supporting preamble, a Regulatory Impact Analysis, and all other appropriate materials necessary for the publication ofa Notice ofProposed Rulemaking. b. Statement as Basis for NOPR. DOE agrees to use the written statement and any recommended standards as the basis for a Notice ofProposed Rulemaking to the maximum extent possible consistent with the Agency's legal obligations. c. No Negative Comments. Each party agrees not to file negative conunents on the proposed standard or its preamble to the extent they have the same substance and effect as theTenn Sheet. d , Response to Public Comments . DOE will consider all relevant comments submitted concerning the Notice ofProposed Rulemaking and will make such modifications in the proposed standard and its preamble as are necessary when issuing a final standard . e. No Adverse Action and Support. Each party agrees not to take any action to inhibit the adoption ofthe recommended proposed standard [NOPR] as a final standard to the extent the final standard and its preamble have the same substance and effect as the Tenn Sheet. f. No Challenge. Each party agrces [not to take a position materially inconsistent with the standard or determination in court or in any other forum] to the extent that the final standard or detennination and its preamble have the same substance and effect as the Term Sheet, for a period of I year from effective date ofrule or rulemakiog determination.] " 5. Facilitator /\ neutral facilitator will work with all the parties to ensure that the process runs smoothly. The facilitator serves at the will ofthe Committee. 6. MeetingsDRAFT version 2

a. FACA, NRA, and DOL Policy. The negotiations will be conducted under the Federal Advisory Committee Act (FACA), the Negotiated Rulemaking Act of 1990 (NRA), and the Department of Energy's Negotiated Rulemaking Policy. b. Open Meetings. Negotiating sessions will be announced in the Federal Register prior to the meeting and will be open to the public. e. Meeting Summaries. The proceedings will not be electronically recorded, but sununaries of 4

Committee meetings will be prepared by the facilitator for the convenience oftbe Conunittec . Such meeting summaries shall not be approved by the Committee and shall not be construed or takcn to represent the official position ofthe Committee or any Member as to what transpired at Committee meetings. 

### In the absence ofconsensus, parties shall not be bound by positions taken or accepted during these negotiations. No photographs may be takcn during meetings without the approval ofthe Committee. 7. Future Amendments Commitlee Members may propose modifications to this document, with due consideration given such proposals.

# Selection of Proposed Standard Level • Purpose • To select the appropriate trial standard level from the list of TSLs which will offer the maximum improvement in efficiency that is technologically feasible and economically justified 

# • Method • Starting with the most stringent TSL (max tech), assess the benefits and burdens of adopting the TSL by evaluating the fo llowing:

- National energy savings and emission reductions (e .g. , CO2 

## and NO, )

- National consumer economic impact (i.e ., Net Present V al ue) and Monetized value of emission reductions

- Consumer life-cycle cost savings, payback period , and percent of consumers benefiting/burdening from standards

- Industry/Manufacturer impacts Other factors (e.g., technologica l uncertainty) • If benefits outweigh the burdens, then select the TSL • If benefits do not outweigh the burdens, then evaluate the next TSL to determine if technological feasibility and economic justification are met 2