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 of schedule and location or meetings 

Noon - 2:00 

Lunch Break 

Overview of NavigantlLBL Analysis 

Identification of key issues and sub-issues, data needs and capabilities 

Friday, September 16,2011 

9:00 - Noon 

Identification of key issues, data needs and capabilities (cont'd) 

Discussion of order of discussion and schedule for decision on issues 

Noon - 2:00 

Lunch Break 

2:00 - 3:30 

Meeting wrap up 

3:30 Adjourn 
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U.S. DEPARTMENT OF ENERGY 

LIQUID-IMMERSED AND MEDIUM VOLT ATE DRY-TYPE 

DISTRIBUTION TRANSFORMERS 

NEGOTIATED RULEMAKING WORKING GROUP 

GROUND RULES 

1. Goal of the Liquid-Immersed and Medium Voltage Dry-Type Negotiated Rulemaking Working 

Group ("Committee") 

The goal of the Committee is to reach consensus on a recommended sct of energy 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 of those 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 of the 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 of the Committee. Only Committee Members may vote on any consensus 

recommendation, and any alternate casting a vote shall do so on behalf of the Committee 

Member, and not as a representative of their own organization's interest, if different. 

e. Additional Interests. Additional organizational interests may join the Committee ar!cr 

negotiations have begun only with the concurrence of the Conunittee. 

f. Attendance and Participation at Meetings. 

(I) Attendance. Each Committee Member agrees to make a good faith effort to attend every 

session of the Negotiating 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. 
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(2) Participation. Only Committee Members or their alternates have the privilege of sitting at the 

negotiating table and of speaking 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 if time permits 

or file statements with the Committee. 

g. Constituents' Interests. Committee Members are expected to represent the concerns of their 

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 of all 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 of each workgroup, the membership of each workgroup should consist of no more than 

fifteen people. Other individuals who the Committee believes would enhance the functioning of 

a workgroup or representatives of interests 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 of Energy (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 of a workgroup to the Negotiating Committee shall be made with 

the concurrence of all 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 of all 

workgroup meetings. 
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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 

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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 of a written statement 

that will be signed by all parties to the negotiations. For purposes of this 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 of the Proposed Rule 

and (b) supporting analysis as needed to explain and justify 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 of a proposed rule, its supporting preamble, a Regulatory Impact Analysis, 

and all other appropriate materials necessary for the publication of a Notice of Proposed Rulemaking. 

b. Statement as Basis for NOPR. DOE agrees to use the written statement and any recommended 

standards as the basis for a Notice of Proposed 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 of Proposed 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 of the 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 of rule 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 of the Committee. 

6. Meetings 
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a. FACA, NRA, and DOL Policy. The negotiations will be conducted under the Federal Advisory 

Committee Act (F ACA), 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 

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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 of the Committee or any Member as to what transpired at Committee 

meetings. In the absence of consensus, parties shall not be bound by positions taken or accepted 

during these negotiations. No photographs may be takcn during meetings without the approval of the 

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 following: 

- National energy savings and emission reductions (e.g., CO2 and NO,) 

- National consumer economic impact (i.e., Net Present Value) 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., technological 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 

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