### Federal Register 

## I Vol. 55. No. 33 

## I Friday. February 16. 1990 

## I Notices 5653

DEPARTMENT OF ENERGY·

Office of Conservation and Renewable Energy Energy Conservation Program for Consumer Products; Application for interim Waiver and Petition for Waiver of Refrigerator-Freezer Test Procedures From General Electric Appliances (RF-006)

AGENCY: 

### Conservation and Renewable Energy Office, DOE.
SUMMARY: 

### Today's notice publishes a letter denying an Application for Interim Waiver from General Electric Appliances fGE) ofLouisville, Kentucky, requestin8 relieffrom the existing Department ofEnergy (DOE) test procedure for refrigerator-freezers. DOE is denying this Interim Waiver because ofconflicting and unsupported information. In addition, today's notice publishes GE's "Petition for Waiver,"

GE is 

### a manufacturer ofresidential appliances, including refrigeratorfreezers. In both the Application for Interim Waiver and the Petition for Waiver. GE requests that the Department grant relieffrom the DOE test procedure relating to testing ofits TFX27FK and 

### TFX24FI< model refrigerator-freezers. In 

### addition to providing through-the-door ice service. these models also provide through-thedoor beverage service by way ofa second refrigerator (fresh food compartment) door. GE has termed this feature. the "Refreshment Center." GE claims that while the TFX27FK and TFX24FK model refrigerator-freezers are capable ofbeing tested in accordance with the DOE refrigerator-freezer test procedure for energy efficiency. the tpst procedure does not give a true representation ofthe energy consumption ofmodels with the Refreshment Center feature. DOE is soliciting comments, data, and information respecting the Petition for Waiver.

DATES: 

### DOE will accept comments, data, and information not later than March 19. 1990.
ADDRESSES: 

### Written comments and statements shall be sent to: Department ofEnergy, Office ofConservation and Renewable Energy, Case No.**RF~6,** 

### Mail Stop CE-132, Forrestal Building, 1000 Independence Avenue, SW.• Washington, DC 20585.

Appendices to the GE Petition for Waiver not reproduced in this notice are available by writing to the above address or telephoning (202) 586-9127.

FOR FURTHER INFORMAnON CONTACT:


### Donglass 

### S. Abramson, U.S. Department

ofEnergy, Office ofConservation and Renewable Energy, Mail Station CE132, Forrestal Building, 1000 Independence Avenue, SW, Washington. DC 20585. (202) 586-9127. Eugene Margolis, Esq.• U.S. Department

ofEnergy, Office ofGeneral Counsel, Mail Station GG-l2, Forrestal Building, 1000 Independence Avenue. SW. Washington. DC 20585, (202) 586- 9507. 

### Background

The Energy Conservation Program for Consumer Products (oLh.er than automobiles) was established pursuant to the Energy Policy and Conservation Act EPCA), (Pub. L. 

### 94-163), as amended by the National Energy Conservation Policy Act (NECPA). (Pub. L. 

### 95-619), the National Appliance Energy Conservation Act of1987 (NAECA), (Pub. L, 

### 100(12), and the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Pub. L.**1~7)** 1 

### The Act requires DOE to prescribe standardized test procedures to measure the energy consumption ofcertain consumer products, including refrigerator-freezers. The intent ofthe test procedures is to provide a comparable measure ofenergy consumption that will assist consumers

J Part B of1'ille

### mofEPCA. as amended. is refetTed to in this notice 8S the "Act." Part B ofTitle 1lI is codified at 42 U.s.c.**8291~.** 

### Federal Register 

## I Vol. 55, No. 33 

## I Friday. February 16, 1990 

## I Notices 5653

DEPARTMENT OF ENERGY · Office of Conservation and Renewable Energy Energy Conservation Program for Consumer Products; Application for interim Waiver and Petition forWaiver of Refrigerator-FreezerTest Procedures From General Electric Appliances (RF-OOS)

AGENCY: 

### Conservation andRenewable Energy Office, DOE.
SUMMARY:

### Today's notice publishes a letter denying an Application for Interim Waiverfrom General Electric Appliances (GE) ofLouisville, Kentucky, requestingrelieffrom the existing Department ofEnergy (DOE) test procedure for refrigerator-freezers. DOE is denying this Interim Waiverbecause ofconflicting andunsupported information. Inaddition. today'snotice publishes GE's "Petition for Waiver."

GE is 

### a manufacturer ofresidential appliances. including refrigeratorfreezers. Inboth the Application for Interim Waiverandthe Petition for Waiver, GE requests that the Departmentgrant relieffrom the DOE test procedure relating to testing ofits TFX27FK and

### TFX24FI< model refrigerator-freezers. In 

### additionto providing through-the-door ice service, these models also provide through-thedoorbeverage serviceby way ofa second refrigerator (fresh food compartment) door. GE has termed this feature. the "Refreshment Center." GE claims that while the TFX27FK and TFX24FK model refrigerator

-freezers are capable ofbeing tested in 

### accordance with the DOE refrigerator-freezer test procedure for energy efficiency, the tpst procedure does not give a true representation ofthe energy consumption ofmodels with the Refreshment Centerfeature. DOE is soliciting comments. data. and information respecting the Petition for Waiver.

DATES: 

### DOE will accept comments, data. and information not later than March 19. 1990.
ADDRESSES: 

### Written comments and statements shall be sent to: Department ofEnergy. Office ofConservation and Renewable Energy, Case No.**RF~6,** 

### Mail Stop CE-132, Forrestal Building. 1000 Independence Avenue. SW.•**Wa~hington.** 

### DC 20585.



### Appendices to the GE Petition for Waivernot reproduced in this notice are available by writing to the above address ortelephoning (202) 586-9127.

FOR FURTHER INFORMAnON CONTACT:


### Douglass 

### S. Abramson. U

.S

.Department

ofEnergy, Office ofConservation and Renewable Energy. Mail Station CE132, ForrestalBuilding, 1000 Independence Avenue, SW, Washington. DC 20585. (202) 

### 586-9127. Eugene Margolis. Esq.• U.S. Department

ofEnergy. Office ofGeneral Counsel. Mail Station GC-1Z, Forrestal Building. 1000 Independence Avenue. SW. Washington. DC 20585. (202) 586- 9507.

. 

### Background

The Energy Conservation Program for Consumer Products (other than automobiles) was established pursuant to the Energy Policy and Conservation Act EPCA). (Pub

. L. 

### 94-163). as amended by the National Energy Conservation Policy Act (NECPA). (Pub. L. 

### 95-619). the National Appliance Energy Conservation Act of1987 (NAECA). (Pub. L. 100(12). and the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988)

. Pub

. L. 

### 100-357) 1 

### The Act requires DOE to prescribe standardized test procedures to measure the energy consumption ofcertain consumer products. including refrigerator-freezers. The intent ofthe test procedures is to provide a comparable measure ofenergy consumption that will assist consumers

J Part BofTitle

### mofEPCA. a8 amended. is refetTed to in this notice 8S the "Act." Part BofTitle III is codified at 42 U.s.c.**11291~.**

### 5654 

### 55FR5653

Federal Register 

## I Vol. 55, No. 33 

## I Friday, February 16, 1990 

## I Notices

in making purchasing decisions. These test procedures appear at 10 CFR part 430, subpart B.

DOE amended the prescribed test procedures on September 26, 1980. by adding 10 CFR 430.27 creating the waiver process. 45 FR 64108. DOE further amended the Department's appliance test procedure waiver process to allow the Assistant Secretary for Conservation and Renewable Energy (Assistant Secretary) to grant an interim waiver from test procedure requirements to manufacturers that have petitioned. DOE for a waiver ofsuch prescribed test procedures. 51 FR 42823, November 26, 1986.

The waiver process allows the Assistant Secretary to waive temporarily test procedures for a particular basic model when a petitioner shows that the basic model contains one
or more design characteristics which prevent testing according to the prescribed test procedures or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative ofits true energy consumption as to provide materially inaccurate comparative data. Waivers generally remain in effect until final test procedure amendments become effective, resolving the problem that is the subject ofa waiver.

The interim waiver provisions, added**~y** 

### the 1986 amendment, allow the .ssistant Secretary to grantan interim waiver when it is determined that the applicant will experience economic hardship ifthe Application for Interim Waiver is denied. ifit appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate reliefpending a determination on the Petition for Waiver.

GE has requested an Interim Waiver from the refrigerator-freezer test procedure for the TFX27FK and TFX24FK model refrigerator-freezers. GE, in the Application for Interim Waiver, requests this reliefdue to the implementation ofenergy conservation standards for refrigerator-freezers on January 1, 1990. GE states that the DOE test procedure overestimates the energy consumed by refrigerator-freezers with a Refreshment Center because it does not provide energy credits for the reduced door openings obtained with the Refreshment Center feature. GE further states that without a waiver it would have to make additional design improvements in order to increase the energy effeciency to meet energy consumption standards. GE claims that the**r-~t** 

### expended to add the additional des mprovements cannot be recouped due to the competition in the market place. Should GE not make these design improvements or receive an Interim Waiver, the TFX27FK and TFX24FK models could not be manufactured after January 1, 1990, because they would not comply with the maximum energy consumption standard level set for models with through-thedoor ice service. GE claims that the expense to incorporate the design improvements or the loss ofsales for these models will cause GE to suffer economic hardship ifthe Application is denied.

GE also claims that it is in the public interest for an Interim Waiver to be granted. Without a waiver, GE will inaccurately represent energy consumption and cost ofoperation information because GE will not be able to claim the electric energy saving capabilities ofthe TFX27FK and TFX24FK refrigerator/freezers.

DOE has reviewed GE's Application for Interim Waiver and believes that while the extant test procedures for refrigerator-freezers may evaluate the GE TFX27FK and TFXZ4FK refrigeratorfreezers in a manner unrepresentative of its true energy consumption, the Department has insufficient data to conclude how much, ifat all, this feature would reduce energy consumption. The Department, in its notice ofproposed rulemaking to amend the refrigeratorfreezer testprocedures, identified through-the-door features as one ofa number ofvarious new designs thatmay not be adequately evaluated by the test procedures. 53 FR 37416, September 26, 1988 (September 1988 proposal). No information was presented in response to the September 1988 proposal. The Department concluded in the final rulemaking that the potential for energy savings was directly affected by the

consumer and the usage pattern ofthe feature. 54 FR 36238, August 31, 1989.

The test procedure proposed by GE requires adjusting the unit's measured energy consumption by an amount based on GE's survey and field data. The data provided by GE on total door openings per day is contradicted by data the Association ofHome Appliance Manufacturers provided in its comments

on the Septemberproposal.

The Department believes that the use ofa refrigerator-freezer is so random that limited field test such as GE's do not support a specific number ofdoor openings. For this reason, the test procedure has no requirement for door openings or food loading in order to provide a basis for fair comparison of the representative unit energy' consumption. Therefore; GE's Application for an Interim Waiver, requesting relieffrom the DOE test procedures for its TFX27FK and TFX24FK model refrigeratorfreezers with the Refreshment Center feature, is denied. This is nota determination, however, on GE's Petition for Waiver. which is being published today for comment.

GE's Petition for Waiver from the DOE test provisions for refrigeratorfreezers requests an energy credit because the TFXZ7FK and TFX24FK model refrigerator-freezers include an additional throu.sh-the-door feature called the "Refreshment Center," The Refreshment Center provides access to beverages such as milk, soda, orjuice in addition to providing ice and cold water by way ofan additional door in the refrigerator (fresh food compartment) door,

GE has tested the TFXZ7FK and TFX24FK model refrigerator-freezers in accordance with the existing DOE refrigerator-freezer test procedure. GE claims that the test procedure does not give a true representation ofthe energy consumption or annual operating cost since there is no credit for reduced (regular refrigerator) door openings. The existing test procedure is a no-dooropening test which is conducted at goOF instead of70°F to compensate for the many variables, not included in the test procedure, such as door openings or food loading. As GE notes. the 90°F nodoor-opening test was prescribed by DOE in order to obtain repeatable test results under laboratory conditions that represent typical consumer results. The test results represent the unit's anticipated energy consumption since it is performed without a load, i.e., without food or liquid, and with no door openings during the test.

GE claims that the TFX27FK and TFXZ4FK model refrigerator-freezers use less energy than measured by the existing test procedure because the Refreshment Center feature reduces the amount ofmoist ambient air that is admitted to the unit during door openings

..

However, GE notes that there is a small increase in heat transfer through the Refreshment Center door due to the additional door seal and reduced door insulation. GE claims. however. that it 

### is

more than offset by the reduced door openings. GE. in a survey that included TFX27FK refrigerator-freezer owners, found that the Refreshment Center door replaced 20 openings ofthe fresh-food door openings per day in units so equipped. GE claims that this results in the existing test procedure overstating the TFX27FK refrigerator-fieezer's true 

### 55FR5653

5654 

### Federal Register 

## I Vol. 55, No. 33 

## I Friday, February 16, 1990 

## I Notices

in making purchasing decisions. These test procedures appear at 10 CFR part 430. subpart B.

DOE amended the prescribed test procedures on September 26, 1980, by adding 10 CFR 430.27 creating the waiver process. 45 FR 64108. DOE further amended the Department's appliance test procedure waiver process to allow the Assistant Secretary for Conservation and Renewable Energy (Assistant Secretary) to grant aninterim waiver from test procedure requirements to manufacturers that have petitioned

. DOE for a waiver ofsuchprescribed test procedures. 51 FR 42823, November 26, 1986

.

The waiverprocess allows the Assistant Secretary to waive temporarily test procedures for a particular basic model when a petitioner shows that the basic model contains one
or more design characteristics which prevent testing according to the prescribed test procedures orwhen the prescribed test procedures may evaluate the basic model in a manner so unrepresentative ofits true energy consumption as to provide materially inaccurate comparative data. Waivers generally remain in effect until final test procedure amendments become effective, resolving the problem that is the subject ofa waiver

.

The interim waiver provisions, added**~y** 

### the 1986 amendment, allow the ,ssistant Secretary to grant.an interim waiver when it is determined that the applicant will experience economic hardship ifthe Application for Interim Waiver is denied, ifit appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate reliefpending a determination on the Petition for Waiver.

GE has requested an InterimWaiver from the refrigerator-freezer test procedure for the TFX27FK and TFX24FK model refrigerator-freezers. GE, in the Application for Interim Waiver, requests this reliefdue to the implementation ofenergy conservation standards for refrigerator-freezers on January 1, 

### 1990. GE states that the DOE test procedure overestimates the energy consumed by refrigerator

-freezers with a Refreshment Centerbecause it does not provide energy credits for the reduced door openings obtained with the Refreshment Center feature. GE further states that without a waiver it would have to make additional design improvements in order to increase the energy effeciency to meet energy consumption standards. GE claims that the**-~ t**  

### expended to add the additional des mprovements cannot be recouped due to the competition in the market place. Should GE not make these design improvements or receive an Interim Waiver, the TFX27FK and TFX24FK models could not be manufactured afterJanuary 1, 1990, because they would not comply with the maximum energy consumption standard level setfor models with through-thedoor ice service. GE claims that the expense to incorporate the design improvements or the loss ofsales for these models will cause GE to suffer economic hardship ifthe Application is denied.

GE also claims that it is in the public interest for an Interim Waiver to be granted. Without a waiver, GE will inaccurately represent energy consumption and cost ofoperation information because GE will not be able to claim the electric energy saving capabilities ofthe TFX27FK and TFX24FK refrigerator/freezers.

DOE has reviewed GE's Application for Interim Waiver andbelieves that while the extant test procedures for refrigerator-freezers may evaluate the GE TFX27FK andTFX24FK refrigeratorfreezers in a manner unrepresentative of its true energy consumption, the Department has insufficient data to conclude how much, ifat all, this feature would reduce energy consumption. The Department,

.inits notice ofproposed rulemaking to amend the refrigeratorfreezer testprocedures, identified through-the-door features as one ofa number ofvarious new designs thatmay not be adequately evaluatedby the test procedures. 53 FR 37416, September26, 1988 (September 1988 proposal). No information was presented in response to the September 1988 proposal. The Department concluded in the final rulemaking that the potential for energy savings was directly affected by the

consumer and the usage pattern ofthe feature. 54 FR 36238. August 31, 1989.

The test procedure proposed by GE requires adjusting the unit's measured energy consumptionby an amount based on GE's survey andfield data. The data provided by GE on total door openings per day is contradictedby data the Association ofHome Appliance Manufacturers provided in its comments

on the Septemberproposal.

The Department believes that the use ofa refrigerator-freezer is so random thatlimited field test such as GE's do not support a specific number ofdoor openings. For this reason, the test procedure has no requirement for door openings orfood loading in order to provide a basis for fair comparison of the representative unit energy consumption. Therefore; GE's Application for an Interim Waiver, requesting relieffrom the DOE test procedures for its TFX27FK andTFX24FK model refrigeratorfreezers with the Refreshment Center feature, is denied. This is nota determination, however, on GE's Petition for Waiver, which is being published today for comment.

GE's Petition for Waiver from the DOE test provisions for refrigerator

- freezers requests an energy credit because the TFX27FK andTFX24FK model refrigerator-freezers include an additional throu.sh-the-door feature called the "Refreshment Center." The Refreshment Centerprovides access to beverages such as milk, soda, orjuice in addition to providing ice and cold water by way ofan additional door in the refrigerator (fresh food compartment) door,

GE has tested the TFX27FK and TFX24FK model refrigerator

-freezers in accordance with the existing DOE refrigerator-freezer test procedure. GE claims that the testprocedure does not give a true representation ofthe energy consumption or annual operating cost since there is no credit for reduced (regular refrigerator) door openings. The existing test procedure is a no-dooropening test which is conducted at 90°F instead of70°F to compensate for the many variables. not included in the test procedure, such as door openings or food loading. As GE notes, the 90°F nodoor-opening test wasprescribed by DOE in order to obtain repeatable test results underlaboratory conditions that represent typical consumerresults. The test results represent the unit's anticipated energy consumption since it is performed without a load, i.e., without food or liquid, and with no door openings during the test.

.

GE claims that the TFX27FK and TFX24FK model refrigerator-freezers use less energy thanmeasured by the existing test procedure because the Refreshment Center feature reduces the amount ofmoist ambient air that is admitted to the unit during door openings

. . However, GE notes that there is a small increase in heat transfer through the Refreshment Center door due to the additional door seal andreduced door insulation. GE claims, however, that it

### is

more than offset by the reduced door openings. GE. in a survey that included TFX27FK refrigerator-freezer owners, found that the Refreshment Center door replaced 20 openings ofthe fresh-food door openings per day in units so equipped. GE claims that this results in the existing test procedure overstating' the TFX27FK refrigerator-fieezer's true

### 55FR5653

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## I Vol. 55, No. 33 

## I Friday, February 16, 1990 

## I Notices 

### 5655

energy consumption by 57 kilowatt hours pel' year. GE requests that the annual energy consumption ofits TFX27FK and TFX24FK refrigeratorfreezers be reduced by an amount derived from 

### a teat and calculation method proposed in its petition.

. GE proposes a test method based on, ·to 

### a significant extent, the existing test procedures. For TFX27FK and TFX24.FK models, GE proposes to add a calculation method to determine the energy comnimption adjustment for the Refreshment Center. This adjustment is balled on the a!!sumption that 20 daily fresh food door openings are replaced by 20 Refreshment center door openings. This calculation method is found in Appendix 

### 11 ofGE's Petition for Waiver.

The calculation method proposed by GE considers the difference in heat leakage ofthe refrigerator-freezer between 9IJ 

### OF and 70 OF which is then adjusted by the heat gain resulting from refrigerator section door openings and refreshment center door openings. GE in its Appendix 

### 11 calculates the energy savings oftb.e Refreshment Center to be 57 Kilowatt hours per year.

In addition, GE requests a method of adjusting the energy savings ofthe refreshment center when the refrigerator-freezer is equipped w;th a compressor with an efficiency (energy efficiency ratio (EER)) other than 5.0. The 5.0 EER compressor was the basis for the tests and calculations performed by CE. The method ofadjustment is the product of57 kilowatt hours per year (energy saved with 

### a 5.0 EER compressor) times the ratio ofthe new compressor EER divided by 5.0. This results in the kilowatt hours per year saved with the new compressor. For example; 57X (4.54/5.0]

## =51.7B or 52 KWH/YR.



### In addition to the 

### TFX27F'K and TFX24FK refrigerator-freezers, GE requests a waiver for future Refreshment Center models, designated with an "F" in the sixth character 

### (

.... ·FO). The waiver process is limited in scope to rr;odeis specifically identified in the D<:-tit)UD. For this reason, DOE is only cons'dering**L~e** two models listed by GE in it.; filing.

Pursuant tu paragraph (b) of 10 CFR 430.27, DOE is hereby publishing the "Petition for Waiver." GE's proposed
amencment to the test procedure, Appendix II, &nd literature on its refrigerators, refrigerator-freezers, and freezers are not being published in the Federal Register. These appendices are, however, available upon request at the address provided at the beginning of today's notice. DOE solicits comm.ents, data. and information respecti!lg the Petition. Inadditiori,'pursuant to

### p~rairaph (e) of § 430.27 ofthe Code ofFederal Regulations, the following letter denying the Application for Interim Waiver was issued to General Electric Appliances.

Issued in Wachington. DC. February 12, 1990. 

### J. Michael Davis, AssistantSecretary. Conservation aIld Renewable Energy. Subjecl: Application for Interim Waiver Augusl14, 1989. Assistant Secretary for Conservation and Renewable Energy, U.S. Department of Energy Forrestal Building. Room**1~E-234.** 1()(}(} Independence Ave., SW., Washington, DC20585. Dear Sir. GE Appliancell (GEA) hereby files this Application for Interim Waiver pursuant to 10

### ern 430.27 for waiver from the refrigerator test procedure 10 

### crn Part 430. Suh-part B. Appendix A-1. This exception is necessary because GEA produces and**~~Ils** two models (TFX27FJ( and TFX24FI() of refrigerator-freezer that Incorporate a "Refreshment Cenler" feature. These models. when labeled according to the existing test procedure. have energy !

..he!s that Inaccurately report the estimated annual cost ofoperation. These labels overstate the energy consumption by 3.5%.

In the event the Interim waiver is denied. GEA will suffer irreparable injury because the cost ofits products that include**L~e** Refreshment Center will be Increased when the products are modified to meet the eneq,ly consumption standards mandated by the National Appliance Energy Conservation Act (NAECA) for January 1. 1990. The existing lest procedure produces energy consumption results thot are overstated by 57 Kwh/yr. Without the Interim waiver, GEAmust make desien modifications that save at least 57 Kwh/yr forall models containing the Refreshment Center. These costs cannot be recovered ill the marketplace. The energy labels. as required by the Federal Trade**Commis~jon** (FTC), inaccurately report energy wnsurr.ption Bnd, therefore, thfme models will be C1nfairly comrared to competitive models and brands.

GEA is not aware ofany adverse impact on any other company or person which would rcsult from the granting ofthis Inierim waiver. On the other hand. GEA is imm:Jdiately harmed since we m':;,! pre;>ared for the NAECA stendard3 by**inarilrC'~lriately** adding energy-saving design chang"s to these medels.

PuLlic policy. as stated In Public Law g4- 153 as amended, encourages encrgy conservation. A more accurate estimate of annual operating cost ofour refrigeratorfreezer models will provide potential purchasers with the ap,ropriate comparison with comparable models. Because the l:nergy consumption is actually less than the current ldbel indicates, potentia! purchasers will be

more motivated to purcha8e these muce!s and thereby conserve more energy.

GEA has test"d these products ulilizing the existing test procedures These procedures

ere based on no door openings during the test. Because the Refreshment Center has a profound effect on the number ofdoor openings in actual use. the existing test procedure without modification cannot provide reasonably accurate results. Utilizing rP.sults from the existing test procedure will mislead consumers regarding the p.oduct's operating cost.

Concurrent with the filing ofIhis Application for Interim Waiver we are Wing

. a petition for waiver pursuant to 10 CFR '430.27 with the Office ofConservation and Renewable Energy. A copy of that petition. whieh p.ovides the underlying support ralionale for the merits ofwaiver, is attschd for your reference. GEA believes a strong argument for waiver ofthe test procedure in this instance is presented al1d that is will be granted.

We appreciate your prom;>t action, alld. if you have questions regarding lhis application. please contact the unde,sign",d. Respectfuliy submitted, Robert M. Brown, J.fanager-Regulatory Relatior.s. AP3-215 Appliallce Park. Louisville. KY40225. (502)-- 452-3404,

Petition for Waiver Refrigerator-rreezer Test Procedures


### 10 CFR 430. Subpart B. Appendix A-I

Pursuant to 10 CFR 430.27, GE Appliances**(G~,)** respectfully petitions for a waiver to the requirements 10 CFR part 430. Subpart 

### B. Appendix A-I adoptcd August 10, IB82.**BackgIVundL~formation**

GE Appliances (GEA) manufacturers and sells refrigcrator-freezers a'mong
many other major horne appliances. It has been and continues to be the objective of GEA to provide the users of its products with the highest quality and performance. One imvrovement we have developed for refrige;ator-freezers provides a substantial benefit to the

owner and a major convenience imp.ovement to the use,s ofcertain modds. We 

### call thill improvment 

### a "Refreshment Center". This featnre provides users with easy access to the
most used items in the fresh-food section 

### of these models without openi"g the large door. The use of this feature results in considerable energy savings; however, the existing test procedure does not accurately renect the energy consumption during in-house usage. 

### Refreshment CenterDescription

The Refreshment Center is 

### a stal'age compartffit:nt within the door ofthe fresh-food section of refrigeratorfreezers. The Refr'esb7lent Center if! currently used in the**side-by-sid~** product 

### c!"qS of refrigerator-freezers. App.mdix 

### 1 i,dudes a hrachure which has photographs of the Hefreshment Center. A h:lllt-in counter. which scac:> 

## 55FR5653

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## I Notices 

### 5655

energy consumption by 57 kilowatt hours peryear. GE requests that the annual energy consumption ofits TFX27FKandTFX24FK refrigeratorfreezers be reduced by an amount derived from 

### a test and calculation method proposed in its petition.

. GE proposes a test method based on,

.to a significant extent, the existing test procedures. ForTFX27FK and TFX24FK models. GE proposes to add a calculation method to deter mine the energy con!!Umption adjustment for the Refreshment Center. This adjustment is based on the assUmption that 20 daily fresh food dooropenings are replaced by 20 Refreshment center door openings. This calculation method is found in AppendixII ofGE's Petition for Waiver.

The calculation method proposed by GE considers the difference in heat leakage ofthe refrigerator-freezer between 9IJ 

### OF and 70 

### OF whkh is then adjusted by the heat gain resulting from refrigerator section door openings and refreshment center door openings. GE in its Appendix 

### 11 calculates the energy savings oftb.e Refreshment Center to be 57 Kilowatt hours per year.

In addition

. GE requests a method of adjusting the energy savings ofthe refreshment centerwhen the refrige,ator-freezeris equipped w;!h a compressorwith an efficiency (energy efficiency ratio (EER)) other than 5.0. The 5.0 EER compressor was the basis for the tests and calculations performed by CEo The method ofadjustment is the product of57 kilowatt hours per year (energy saved with a 5.0 EER compressor) times the ratio ofthe new (;()mpressor EER divided by 5.0. This results in the kilowatt hours peryear saved with the new compressor. For example; 57X(4.54/5.01 =51

.7B or 52 KWH/YR.

In addition to the TFX27FK and TFX24FK refrigerator-freezers. GE requests a waiver for future Refreshment Center models. designated with an "F" in the sixth character (*····F·). The waiver process is limited in scope to rr.odeis specifically identified in the p<?titlOn

. For this reason. DOE is only cons

. '

.dering**t.~e** two models listed by GE in it.; filing.

Pursuant to paragraph (b) of 10 CFR 430.27. DOE is hereby publishing the "Petition for Waiver." GE's proposed
amencment to the test procedure. Appendix II. and literature on its refrigerators

. refrigerator-freezers. and freezers are not being published in the Federal Register. These appendices are, how

· ever. 8val bble upon request at the address provided at the beginning of today's notice. DOE solicits COmf,'lellts. data

. and inf ormation J'espectmg the Petition. Inadditiori.'pursuant to

### p~rairaph (e) of § 430.27 ofthe Code ofFederal Regulations. the following letter denying the Application for Interim Waiver was issued to General Electric Appliances.

Issued in Wabhington. DC. February 12. 1990. 

### J. Michael Davis• Assisti1ntSecretary. Conservation afld RenewableEnergy

. Subject: Application for Interim Waiver August 14

. 1989. Assistant Secretary for Conservation and Renewllble Energy. 

### u.s. Departmellt of Energy FOiTestal Building. Room**I~E -:?** **34 .**  1000 IndependenceAve .• SW

.• WashiIlgton. DC20585. Dear Sir

. GE Appliance!! (GEA) hereby files this Application for Interim Waiver pursuant to 10

### crn 430

.27 for waiver from the refrigerator fest procedure 10CFR Part 430. Suh-part B. Appendix A-1

.This exception is necessary because GEA produces and**~i!lls** two models (TFX27FJ( and TFX24FI() or refrigerator-freezer that incorporate a "Refreshment Cenler" feature. These models. when labeled according to the existing test procedure. have energy lahels that inaccurately report the estimated annual cost ofoperation. These labels overstate the energy consumption by 3

.5%

.

In the event the interim waiver is denied. GEA will suffer ilTeparable injury because the cost ofits products that include**L~e** Refreshment Center will be increased when the producta are modified to meet the enel"';y consumption standards mandated by the National Appliance Energy Conservation Act (NAECA) for January 1. 1990. The existing
test procedure produces energy consumption results thot are overstated by 57 Kwh/yr

. Without the interim waiver. GEAmust make dllsifn modifications that save at least 57 Kwh/yr for all models containing the Refreshment Center

.These costs cannot be recovered ill the marketplace. The energy labels. as required by the Federal Trade**Commi8~ on**  (FTC). inaccurately report energy wnsl!Ir.ption and. therefore.**the~e** modcls will be ;Jnfairiy comrared to competitive models and brands.

GEA is not aware of any adverse impact on any other company or person which would result from thegranting of this inierim waivflr

. On the other hand. GEA is**imm~diately** harmed since we nl,,"t prepared for the NAECA stendards by inartlropriately adding energy-saving design d:ang"s to these

medels.

PuLlic policy

. as stated in Public Law g4-- 153 as amended. encourages energy conservation. A more accurate estimate of arulUal operating cost ofour refrigeraiorfreezer models will provide potential purchasers with the ap;:oropriale comparison with comparable models. BeCIi:lse**!h~** energy consumption is actually less than the current lilbel indicates, rotentia!**pUrCh88 !)** **~S** will be

more motivated to purchase these muce!s and thereby conserve mnre energy.

GEA has test"d these products utilizing the exi3ting test procedures These procedures

arc based on no door openings during the test. Because the ReCreshment Center has a profound effect on the number ofdoor openings in actual use. the existing test procedure without modification cannot provide reasonably accuTate results. Utilizing results Crom the existing test procedure will mislead consumers regarding the p.oduct's operating cost.

Concurrent with the filing of this Application for Interim Waiver we are Wing

.a petition for waiver pursuant to 10 eFR

'430.27 with the Dence ofConservation and Renewable Energy

. A copy of that petition. which provides the underlying support ralionale for the merits ofwaiver. is attflchd for your reference

. GEA believes a strong argument for waiver of the test procedure in this instance is presented and that is will be granted

.

We appreciate your prompt action. alld. if you have questions regarding this application. please contact the**unde ~sign** **t'd.** Respectfuliy submitted. Robert M. Brown. J.1anoger-Regu/atoryRe/utiar.s

.AP3-215 AppliaucePark

.Louisville, KY40225

. (502)

- 452-3404

. Petition for Waiver Refrigerator-freezer Test Procedures


### 10 CFR 430

, Subpart B. Append ix A-1

Pursuant to 10 CFR 430

.27. GE Appliances (GEA) respectfully petitions for a waiver to the requirements 10 CFR part 430. Subpart B. Appendix A-l adopted August 10. 1982. 

### BackgroundInformation

GE Applisnces (GEA) manufacture;s and sells refrigerator-freezers a· mong many other majorhome appliances. It has been and continues to be the objective ofGEA to provide the users of its products with the highest quality and performance. One imvrovement we have developed for refrige;ator-freezers provides a substantial benefit to the

owner and a major convenience imp,ovement to the usels ofcr::rtain modds. We call thiN improvment a "Refreshment Center". This feature provides users with easy access to the
most used items in the fresh-food section of these models without openj"g the large door. The use of this feature results in considerable energy savings; however. the existing test procedure does not at:curately reflect the energy consumption during in-house usage. 

### Refreshment CenterDescriptio!!

The Refreshment Center is a st01'8ge compartmt:nt within the door ofthe fresh-food section ofrefrigeratorfreezers. The Refl'esb ;;ant Center is currently used in the**side-by-sid ~**  produc! cl"qs ofrefrigerator-fraezers. Appendix 1ildudes a hrachure which has photographs of the Refreshment Center. A h:lllt·in counter. which 

### scac:;

### 5656

• 

### 55FR5653

Federal Register 

## I Vol. 55. No. 33 

## I Friday, February 16, 1990 

## I Notices

The total openings per day are 90**~ith** 

### or without the Refreshment Center. The results ofthe calculations show t..'lat the existing test procedure overstates the energy consumption by 57 

### Kilowatt hours per year. The energy consumption

on Model TFX27F 

### is overstated by 3.5%. Existing TestProcedure Problems

The existing test procedures is performed without door openings even though it 

### is recognized that the doors wiU be opened in actual use. This procedure was 

### adopted in order to obtain repeatable test results under laboratory conditions. To compensate for not opening the doors., the ambient temperature was increased to 90 

### OF 

### instead ofthe more normal level of 70 -F. 

### This, ofcourse, increases the heat flow through the insulation in 

### the refrigerator-freezer. The resulting energy consumption at 90 

### OF 

### with no door openings was 

### sho1o\'Il to correlate resonably well with in-house usage. at the time the test procedure was adopted.

Since the Refreshment Center has a profound effect on the number oftimes the fresh food section ofthe product i,s 

### opened. the existing test procedlll'e cannot accurately reflect the energy consumption ofthe models containing the Refreshment Center. The exisiting procedure includes the effect ofheat gain through the Refreshment Center door seaL but it 

### does not correct for the savings due to the 

### reduction in fresh food door openings.

GEA Laboratory TestResults

In an attempt to demonstrate the energy consumption overstatement effect ofthe existing test procedure. GEA 

### tested two samples ofModel TFX27F in Qurlaboratory. Mechanisms
to operate the fresh food door and the Refreshment Center door were installed. The mechanisms held the fresh food door open 12 seconds and the Refreshment Center door open 18 ser-onds.

Appendix ill 

### includes the resltlts of**tlj~IS** 

### with differing door opening schedules. Tests were run with 60 fresh food door openings and 0 Refreshment Dooropenings per 24 

### hour period. and wi

### th 40 fresh food door openings and 20 Refreshment Centerdoor openings per 24 

### hour period. The resulte ofthese tests illustrate that with the Refreshment Center door opening replacing one-third as the access door ofthe Refreshment Center. drops down to pro\;de a handy sen'iug 

### space for snacks and beverages. In the down position the 

### user has instant acc(.-ss to items in the Refreshment Center is such that very large cGr..tainers. such as one-gallon milk and j:J.ice 

### containers and three-literbottles.

can 

### be stored for easy access. 

### Milk. s("Jftdrinks and juice are among the**m~t** 

### often used items in the fresh-food storage. The availability ofcold water. cubed and crushed ic-e 

### dispenser conveniently located adjacent to the Refreshment Centerprovides a complete refreshment center that substantially reduces the number oftimes per day that the main fresh-food door needs to be opened.

\

....hen the fresh-food door is opened. t:;e cold air 

### sriils out of tbe 

### storage cavity because it 

### is heClvie.r than the ambient air. The air exchange adds moisture to the storage ca-..ity and. therefore. increases the need for defrost Opening ofthe Refreshment Center

access door does not allow spilling of the air in the fresh-food section because the rear ofthe Refreshment Center cadty is closed. except for small openings on the rearpanel; therefore. the only 

### air exchange is 

### the small amount in the Refreshment Center cavity.
Re!i'eshment CenterEffecton Energy Djnsumption

The Refreshment Center affects the energy consumption ofrefrigeratorfreezer models that incorporate this· feature. compared to models without the feature. in two distinct ways. First. there is a small increase in energy consumption due to the Refreshment Center door seal. Second. there is a**subs~.d.11tial** 

### reduction in e:1ergy due to the reduced door openings. A survey of test panel users ofthe refrigeratorfreezer provided results &howing that L'1e Refreshment Center was opened 55%

as many times as the main fresh-food door. On a different test panel monitored over the course ofa year. we have measured door openings ofthe fresh-food section and found the mean to be 60 openings per day.

Appendix II contains calculations bnsed on the following door opening schedule per day:



# r;;;;: Ii:;; Star**~:le** sectIOn I p;;'"

I aay

# -~'--<-~~-·~-··-;-'~-···R·"-C-·:·-.:·:-·::-::~-.::-:::-:::-:::....,:::-:::-::~-.::-::~-.::-::~ Storage section

Fresh Food with RG

_ _ . Refreshment Center IRC)

._._ •

_ 40 .20 

### ofthe fresh food door openings. the energy consumption is reduced by 66 

### Kilowatt-hours per yearfor the two samples tested. To 

### compare these results with the calculated results. a correction to the test rsults must be made to estimate the savings because these samples used 

### a 5.0

### ERR compressor. Our current production models that contain the Refreshment Center utilize a 4.54 EER 

### compressor. To calculate the savings if 8 

### 4.54 ERR 

### compressor were used instead ofthe 5.0 

### EER. the following equation must 

### be used:



### F.e... Eo.o 

### x 4.54

where 

### Eo...= Energycllsing 4.54 EER compressor E..•= Energy using 5.0 EER compressor

5.0 Eo.... = 66 (KwhI)'!') X

- 

### == 73 Kwh/yr 4.54



### Comparing the test results in Appendix ill 

### with the calculated reaults in Appendix 

## n, the calculations appear to be conservative in estimating the annual energy savings.

. TestResults=73 ICwh/yr Calculated results=57 Kwh/yr



### GEA 's 

### NewModelRefrigerator-Freezers

ORA currently offers two Refreshment Center models: TFX24FK and TFX27FK. We may choose to 

### have more models at

some future date. Ifso, the models can be readily identified since they will contain the letter UF'in the sixth alphanumeric designator: for example. xxxxxFx. We are requesting,a waiver for all models that include the Refreshment Center. The energy use correction for the current models will be-57Kwhfyr applied to the existing rest results.

GRA ShouldNot Be

### Required To Use The Existing TestProcedure

If

### GEA is not granted a waiver from the existing test procedure. it 

### will be forced to add cost to the product in order to meetthe energy· consumption standards established by 

### llte National Appliance Energy Conservation Act (NAECA) effective January 1. 1990. This additional cost will be Inappropriate because the existing test procedure does not recognize the energy saving

. characteristic ofthe Refreshment



### 55FR5653

5656 Federal Register 

## I Vol. 55. No. 33 

## I Friday, February 16, 1990 

## I Notices 

### •

as the access doorofthe Refreshment Center. dropsdown to pro\;de a bandy sen'ing space for snacks andbeverages. In the downposition the userhas instant acc(.-ss to items inthe Refreshment Centeris such thatverylarge cGr..tainers. such as one-gallon 

### mille and j:J.ice containers and three-literbottles.

can be stored for easy access. 

### Milk. s("Jftdrinks andjuice are among the**m~t** often used items in the fresh-food storage.The availability 

### ofcold water. 

### cubed and crushed 

### ic-e dispenser conveniently located adjacent to the Refreshment Centerprovides a complete refreshment centerthat substantially reduces 

### the number of times per 

### day that the main fresh-food doorneeds to be ope:led.

\Vhen the fresh-food door is opened. t:;e cold air sriils out of tbe storage cavity because it is heClvie.r than the ambient air.The air exchange adds moisture to the storage ca-..ity and. therefore. increases the need for defrost Opening ofthe Refreshment Center

access door does not allow spilling of the air in the fresh-food sectionbecause the rear ofthe Refreshment Center cadty is closed. except for small openings on therearpanel; therefore. 

### the only airexchange 

### is thesman
amount in the Refreshment Center cavity.

Fiefl't!shment CenterEffect on Energy Djnsumption

TheRefreshment Center affects the energy consumption ofre.frigeratorfreezer models thatincorporate this' feature. compared to models without the feature. in two distinct ways. First. there is a small increase in energy consumptiondue to the Refreshment Center door seal. Second. there is 

### a**subs~.d11tial** reduction in e:1ergy due 

### to the reduced door openings. A survey of
test panel users oftherefrigeratorfreezer provided results &howing that L'1e RefreshmentCenter was opened 55%

as many times as the mainfresh-food door. On a different test panel monitored over the courseofa year, we have measured door openings ofthe fresh-food 

### section and found the mean to be 60openings per day.

Appendix II contains calculations 

### bi1sed on the following door opening schedule per day:

F F, 

# IOpen1'1QS Ston:}e sectIOn I p;;'"

I aay

# <~~~';f~"RC::::::::::=:::::::::::::::::::=::::=::::J**~** Storage section

Fresh Food with RC

............................................ Refreshment Center IRC)

._._........____ •

___ 40 .20

The total openings per day are 90**~ith** or without the Refreshment Center. The results ofthe calculations show t.'1at the existing test procedure overstates the energy consumption by 57 Kilowatt hOllrs peryear.The energy consumption

on Model TFX27Fis overstated by3.5%. 

### Existing TestProcedure Problems

The existingtest procedures is performed without door openings even though itisrecognized that the doors 

### wiU be openedin actualuse.This procedure was adopted in orderto obtainrepeatable test resultsunder laboratoryconditions.Tocompensate for notopening the doors, the ambient temperature was increased to 90 

### OF instead ofthemore normal level 

### of 70-F.This, ofcourse. increases the heat flow through the insulationinthe refrigerator-freezer.Theresultingenergy consumption at90

### OF with no door openings was sho1o\'Il to correlate resonably well with in-house usage. at the time the test procedure was adopted.

Since the Refreshment Centerhas 

### a profound effect onthe number of

### times the fresh food section ofthe product i,s opened. the existing test procedure
cannot accurately reflect the energy consumption ofthe models containing the Refreshment Center.The exisiting procedure includes the effect ofheat gain through the Refreshment Center door seaL but itdoes not correct for the savings due to the reductionin fresh food door openings.



### GEA Laboratory TestResults

In 

### an attempt to demonstrate the energy consumption overstatement effect oftheexisting testprocedure. GEA tested two samples ofModel 

### TFX27F in (lurlaboratory. Mechanisms
to operate 

### the fresh food door and the Refreshment Center door were installed. The mechanisms held the fresh food dooropen 12 seconds and the Refreshment Centerdoor open 18 ser-onds.

Appendix

# mIncludes thereslIlts of**tlj~I.S** with differing dooropening schedules. Tests were run with 60 fresh food door openings and 0 Refreshment Dooropeningsper 24 hourperiod. and with 40 fresh food door openings and20 Refreshment Centerdooropenings per 24 hourperiod. Theresulte ofthese tests illustrate that with the Refreshment Centerdoor opening replacing one-third ofthe fresh food dooropenings, the energy consumption is reduced by 66 Kilowatt-hours per yearfor thetwo samples tested. To compare these results with the calculatedresults. a correction to the test rsults must be made to estimate the savingsbecause these samples used a 5.0

### ERR compressor. Ourcurrentproduction models that containtheRefreshment Centerutilize a 4.54 EER compressor. To calculate the savings ifa 4.54 

### ERR compressorwere used instead ofthe 5.0 

### EER. the following equation must be used:

E.... 

### Eo.o 

### x 4.54

where 

### Eo...= Energy

. using 4.54 EER compressor E..•= Energy using 5.0 ERR compressor

5.0 Eo,.. = 66 (Kwh/yr) X - 

### == 73 Kwh/yr 4.54

Comparing the test results in Appendix IIIwith the calculatedreaults in Appendix

# n. the calculations appear to be conservative in estimating the annual energy savings.

. TestResults=73 Kwh/yr Calculated results=57 Kwh/yr



### GEA's NewModelRefrigerator-Freezers



### ORA currently offers twoRefreshment CentermodelS! 

### TFX24FK and

### TFX27FK. We maychoose tohave more models at

some future date. 

### If so, the models can be readily identified sincetheywill containthe letter 

### UF'inthe sixth

### alphanumeric designator; for example. xxxxxFx. We are requesting,a waiver for all models that include the Refreshment Center. Theenergy use correctionfor the current models will be-57Kwhfyr applied to the existing rest results.



### GRA ShouldNotBe

### Required To Use The Existing TestProcedure

If

### GEA is notgranted a waiver from the existing test procedure. it 

### will be forced to add cost to the product in

oroerto meetthe energy·consumption standards establishedby llte National ApplianceEnergy Conservation Act (NAECA) effectiveJanuary 1. 1990. This additional costwill beInappropriate because the existing test procedure does not recognize the energy saving

. characteristic of the Refreshment

-

## 55FR5653

Federal Rogister 

## I Vol. 55, No. 33 

## I Friday, 

### February 16, 1990 

## I NotIces

.... AEJ 

### 5657

Center. Without a waiver the energy label required by the Federal Trade Commission will cause GEA to 

### be disadvantaged because the label will
overstate the energy consumption and GEA's medels will be unfairly compared
to competitive products.


### Substitute TestProcedilre

GEA believes that 

### a suitable substitute test 

### procedure can be urli.zed
to more**accur:l~ely** rdlect the 

### ae!lie]
energy 

### usage ofn'odels equipped 

### with a Refreshment Center. V:il propoge to reduce the results f"om DOE's stsndarrl
test procedure 

### through celculations 

### of the effect 

### ofchanging 

### :118 cloor openings from Dormal operaHon, Heat 

### gain calculations should be made to demor.strate the rrw.gnHude ofthe
overstatement ofenGrgy**Gong~nptlon** in the DOE test procedu?a. The heat gain difference should 

### be translated to Kilowatt-hours per 

### year, and 

### L'1en subtracted from the measured re[m!ts at goOF NDO DOE test. The translat.ion of the 

### heat gain to 

### Kilowatt-hours per year should be**accomplishf~d** as shown on page 8 of Appendix 

## n. This translation takes into account the EER of the
compressor applied to the refrigeratorf.'eezer, 

### If t.l,e compressor 

### EP...R changes, the value to be subtracted from the existing test results would change. For example. the test results in Appendix III

were obtained using a 5.0 EER
compressor. The overstatement of
energy consumption using the 5.0 EER in the calcualtions in Appendix II would be:

.

4.54 57 X

-- = 52 Kwh/yr. 5.00



### AffectedPersons

GEA knows ofno person or persons that 

### will be adversely affected by granting this waiver.


### SimilarDesign Models

GEA's Refreshment Center design is patented by us and we know oftlo similar designs. However. there are competitive models that have an access door within the fresh-food door. We are not aware of the energy consumption characteristics ofthese competitive models.


### Public Policy Considerations

The objective ofPublic Law 94-163 is
energy conservation as mandated by sectiona 324 and 325. The test procedures established under section 323 should 

### be modified to 

### take into
account new technological developments that can contribute to the achievenwnt ofenergy conservation objectives. 10 

## crn 430,27 provides the

means to accomplish test procedure modifications and it is in the public interest to 

### do so in this 

### case, thereby facilitating more accurate energy consumption and cost ofoperation information.

Re€pectfullysubmitted, Rubert M, Brown, Mana,qer-Regu!atorylRelatiam;. CE APPLI/1NCF. AP3-215, Appliance Park, Louisn'lle. KY40225, (5C:!) 452-3404,

February 12, 1990. Mr. Robe,t**~l** Brown, Manager-Regulator)' Re!arions, General J::lectricAppliances, /lP 3-215AppNance Park, Lm.tis,'ilie, KY40225. Dear Mr. Brown: This is in responllC to your August 14, 1909, Application for Interim Waiver from the Department ofEnel"sY'(DOE)
test procedure £01' reirigeraters and refrigerator.free7.ers used to rale General Electric Appliances' (GEl models TFX27FK and TFX24FK with the "Refmshment Center" feature.

GE seeks an interim waiver from the DOE test procedures for refrigerator-freezers for its TFX27FK and TFX24FK models bepause they include an eddilionalthrough-the-door**fea~ure** called the "Refreshment Center." The Refreshment Center is a second refrigerator door that provides access to beverages such

as miik, soda, orjuice stored all a door shelf.

GE states that while the TFX27FK and TFX24FK model refrigerator-freezers are capable ofbeing tested for energy consumption and annual operating cost in accordance,with the existing DOE test procedure, the test procedure does not give a true representation ofthe energy consumption or annual operating cost. This
statement is based on the fact that the DOE
test is a no-door-opening test and no credit is given to features that reduce the number of refrigerator door openings. GE claims that the TFX27FK and TFX24FK models save energy because access to beverages through a second. smaller door causes for less transfer ofmoist ambient air. reducing the heat gain and thereby reducing energy consumption. GE requests that a credit for the energy 8avings from Refreshment Center models in the amount of57 kilowatt hours be subtracted from the anftual kilowatt hoUr (KWH) consumption.

GErequests permission to test and rate the TFX27Fl< and TFX24FI< refrigerator-freezer models with the "RefreshmentCenter" by using the existing DOE test procedure and applying a credit determined by a calculation formula that replaces the heat gain from 20 regular refrigerator door openings with the heat gain of20 ofthe Refreshment Center door openings in the daily energy consumption. GE believes that the Refreshment Center feature credit to annual energy consumption is estimated at 57 KWH/ YR. GE also provides 8 method by which the energy consumption credit ofmodels equipped with different efficiency compressors can be calculated.

DOE has reviewed GE's Application far Interim Waiver and beHeves that whih: t!,e exta;:.t lest procedures for refngerstcrfreezers may evaluate the GE TFY:Z7FK and TFX24.FK model refrigerator-freezers in a
manner unrepresentative of its true ellergy ccnsultlption, insuffident data is available from which to conclude how much ener-,jY in saved. The Department, in its nolice of proposed rulemaki.ng to Bmend the refrigerator-freezer test procedures (the Septen:ber proposal), identified th:'ough-tbedour kOltures**a~** one ofa numb'll' ofvarious ne'

.... designs which had the potential to save e;,8rgy (53 F.R. 37416, September 26,1988). DOE concluded that the jJntt:ntial for energy sl.1\-ings was directly affected by the «ollsumer and the use ofthe feature.

The test procedure proposed by GE

. requires adjusting the unil's measured**en~rgy**

consumfttbn by an amount based on GE's survey and field data. The data provide':! by GE on lolel door openings per day is contrad;;;ted by dllta from the Al!60datio!1 of Home Appliance Manufacturers provided in its comments on the September proposal.

The Department believes that the use ofa refrigerator-freezer il'l so random that limited field tests such as GE's do not support a specific number ofdoor openings. For this'
reason, the test procedure has no requirefilenl for door openings or food loading in oruillto provide a basis for fajr comparison ofth<; representative unit energy consumption.

Therefore, GE's Appiicalion for an Interim Waiver requesting relieffrom the DOE test procedures for its TFX27FK and TFX24f1( model refrigerstor-freezers, with the Refreshment Center feature, is denied.

The Department does not infer by this denial that the Petition for Waiver will be unsuccessful. DOE is reserving judgement until it obtains sufficient information to make

a fair and impartial decision, Sincerely, 

### J. Michael Davis, AssistantSecretary. Conservation and RenewableEnergy. [FR Doc. 90-3724 Filed 2-15-90; 8:45 am)

BiLLING CODE 1450

..

### en

....

Federal Energy RegUlatory Commission

[Docket No. QF90-81-OO0] Cogentrlx of Richmond, Inc.; Application for Commission Certification of Qualifying Status of a Cogeneration Facility
Febru<iry 9, 1990.

On FebrUary 1, 1990, Cogentrix of Richmond, L'lc. (Applicant) of9405 Arrowpoint Boulevard, Charlotte, North Carolina, 28217, submitted for filing an application for certification of a facility

as a qualifying cogeneration facility pursuant to 

### § 292.207 ofthe Commission's regulations. No 

## 55FR5653

Federal 

### Rogister 

## I Vol. 55, No. 33 

## I Friday, 

### February 16. 1990 

## I NotIces 5657

Center. Without 

### a waiver the energy labelrequired by the Federal Trade Commission will cause GEA to be disadvantaged because the label will overstate the energy consumption and GEA's models will be unfairly compared
to competitive products.


### Substitute TestProcedilre

GEA believes that a suitable substitute 

### test procedure can be 

### urHzed
to more accUf:l!ely rdlect the aelue]
energy usage ofn'odels equipped with a Refreshment Center.

## "':8 propoge to reduce the results f;'om DOE's stsndarrl
test procedure throegh czlculations of the effect ofchanging 

### :118 cloor openings from Dormal operaHon, Heat gain calculations should be made to demor.strate the rrw.gnitude ofthe
overstatement ofen(lrgy**Gong~nption** in the DOE test procedu;-I? The heat gain difference 

### should be translated to Kilowatt-hours peryear. and 

### L'1en subtracted from the measured re[mlts at goOF NDO DOE 

### test. The**transla~.ion** of the heat gain to Kilowatt-hours peryear should be accomplishp.d 

### as shown on page S ofAppendix

## n. This translation takes into account the EER ofthe compressor applied to the refrigeratorf.'eezar. 

### Ift.l,e compressor

### EP....R changes. the value to be subtracted from the existing test results wouldchange. For example. the test results in Appendix III

were obtained using a 5.0 EER compressor. The overstatement of energy consumption using the 5.0 EER in the calcualtions in AppendixII would be:

.

4.54 57 X

-- = 52 Kwh/yr, 5.00



### AffectedPersons

GEA knows of.no person orpersons that 

### will be adversely affectedby granting this waiver.


### SimilarDesignModels

GEA's Refreshment Centerdesign is patented by us andweknow ofno similardesigns. However. there are competitive models that have an access door within the fresh-food door. We are not aware ofthe energy consumption characteristics ofthese competitive models.


### PublicPolicy Considerations

The objective ofPublicLaw94-163 is energy conservation as mandatedby sections 324 and 325. The test procedures established under section 323 should 

### be modified to take into
account new technological developments that can contribute to the achievem.ent ofenergy conservation objectives. 10 CFR 430.27 provides the

means to accomplish test procedure modifications and it is in the public interest to do so in this case, thereby facilitating more acclJ:'atc energy consumption and cost ofoperation information.

Re€pectfullysubmitted. Rubert M, Brown. Mano,qer-Regu/atolYRelutioflf;, CE APPLI/1NCF. AP3-215.AppJiancePark, Louisn'lle. KY40225, (5C:!) 452-3404.

February 12, 1990, Mr. Robe,t**~l** Brown, Manager-Regulator)' Rf:!arions. General J::lectricAppliances.AP3-215AppNance Park. LmJis"jJie, KY40225. DearMr. Brown: This is in response to your August 14. 1909. Application for Interim Waiver from the Department of Enel"gY'(DOE)
test procedure hrrefrigerators and refrigerator.frBe7.ers used to rate General Electric Appliances' (GEl models TFX27FK and TFX24FK with the "Refmshment Center" feature.

GE seeks an interim waiver from the DOE test procedures for refrigerator-freezers for its TFX27FK and TFX24FKmodels bepause they include an edditionalthrough-the-door**fea~ure** called the "Refreshment Center." The Refreshment Centeris a second refrigerator door that provides access to beverages such

as miik. soda. orjuice stored all a door shelf.

GE states that while the TFX27FK and TFX24FK model refrigerator-freezers are capable ofbeing tested for energy consumption and annual operating cost in accordance,with the existing DOE test procedure. the test procedure does not give a true representation ofthe energy consumption orannual operating cost..This
statementis based on the fact that the DOE
test is a no-door-opening test and no credit is given to features that reduce the number of refrigerator door openings. GE claims that the TFX27FK and TFX24FK models save energy because access to beverages through a second. smaller doorcauses for less transfer ofmoist ambient air. reducing the heatgain and thereby reducing energy consumption. GE requests that a credit for the energy savings from Refreshment Center models in the amount of57 kilowatt hoursbe subtracted from the anftual kilowatt hoUr (KWH) consumption,

GErequests permission to test and rate the TFX27FK and TFX24FK refrigerator-freezer models with the "RefreshmentCenter" by using the existing DOE test procedure and applying a credit determined by a calculation formula that replaces the heat gain from 20 regular refrigerator door openings with the heat gain of20 ofthe**Refre~hment** Center door openings in.the daily energy consumption. GE believes that the Refreshment Center feature creditto annual energy consumption is estimated at 57 KWHI YR. GE also provides a methodby which the energy consumptioncredit ofmodels .... AEJ
equipped with different efficiency compressors can be calculated.

DOE has reviewed GE's Application for Interim Waiver and believes that whih: t!,e exta;:.! lest procedures for refrigeratcrfreezers may evaluate the GETF:Y:Z7FK and TFX24.FK model refrigerator-freezers in a
manner unrepresentative of its true energy ccnsumption. insuffident data is avaiiabie from which to conclude how much ener-,jy in saved. The Department, in its nolice of proposed rulemaki.ng to ilmend the refrigerator-freezer test procedures (the Septerr:ber propoRalj. identified th:'ough-tl'.edour kOltUl'cS**a~** one ofa numbar ofvarious ne'

.... designs which had the potential to save e:i8rgy (53 F,R. 37416, September 26. 1988). DOE concluded that the yn\;:ntial for energy sl.1\·ings was directly affected by the <\onsumer and the use ofthe feature.

The test procedure proposed by GE

. requires adjusting the unil's measured em,rgy

consumptbn by an amount based on GE's survey and field data, The data provide,:! by GE on tolel door openings per day is conirad;;;ted by dllta from the Al!6ociatio!1 of Home Appliance Manufacturers provided in its comments on the Septemberproposal.

The Department believes that the use ola refrigerator-freezer il'l 80 random that limited field tests such as GE's do not support a specific number ofdoor openings. For this'

reason. the test procedure has no requirefilenl for door openings or food loading in oruillto provide a basis for fair comparison oftit.; representative unit energy consumption.

Therefore. GE's Appiication for an Interim Waiver requesting relieffrom the DOE test procedures for its TFX27FK and TFX24f1( model refrigerstor-freezers. with the Refreshment Center feature, is denied.

The Department does not infer by this denial that the Petition for Waiver will be unsuccessful. DOE is reservingjudgement until it obtains sufficient information to make

a fair and impartial decieion, Sincerely. 

### J. Michael Davis, AssistantSecretary, Conservationand RenewableEnergy. [FR Doc. 00-3724 Filed 2-15-90; 8:45 am)

BiLLING CODE 1450-01

....

Federal Energy Regulatory Commission

[Docket No. QF90-81-OO0]
Cogentrix of Richmond, Inc.; Application for Commission Certification ofQualifying Status ofa Cogeneration Facility
Febru;iry 9. 1990.

OnFebruary 1. 1990. Cogentrix of Richmond, L'lc. (Applicant) of9405 Arrowpoint Boulevard, Charlotte, North Carolina, 28217. submitted for filing an application for certification ofa facility

as a qualifying cogeneration facility pursuant to § 292.207 ofthe ' Commission'sregulations. No