1 

### BEFORE THE U.S. DEPARTMENT OF ENERGY Washington, D.C. 20585

In the Matter of:

Panasonic Appliances Refrigeration Systems Corporation of America,

Petitioner ) ) ) ) ) ) Case Number: RF-022; RF-301

REQUEST FOR EXTENSION OF WAIVER AND INTERIM WAIVER Panasonic Appliances Refrigeration Systems Corporation of America (“PAPRSA”) respectfully submits this Request for Extension of Waiver and Interim Waiver (“Request”) pursuant to 10 C.F.R. § 430.27(g). PAPRSA intends to introduce a new basic hybrid wine chiller/beverage center model (“hybrid model”) listed below that contains the same design characteristics that prevent testing of the basic model according to the test procedures prescribed in 10 C.F.R. § 430, subpart B, appendix A and for which PAPRSA received two previous waivers and interim waivers as a result. As detailed more fully below, the Department of Energy (“DOE”) has previously granted PAPRSA 1 two separate waivers from DOE’s electric refrigerator and refrigerator-freezer test procedures for determining the energy consumption of substantially similar hybrid models in Case Nos. RF-022 and RF-301 (the “waiver hybrid models”). 2 PAPRSA has developed a new basic hybrid model, PR5180JKBC , that contains the same design characteristics as its waiver hybrid models that make it impossible to certify, rate, and sell this new hybrid model under the existing testing procedures. PAPRSA therefore respectfully requests that DOE extend the previously granted waivers and interim waivers to these new basic hybrid models and that it be permitted to employ the alternative testing method for this new basic hybrid model that has already been approved by DOE for the waiver hybrid models.

1 The first waiver granted in Case No. RF-022 was issued to SANYO E&E Corporation. Effective April 1, 2013, SANYO E&E Corporation changed its corporate name to Panasonic Appliances Refrigeration Systems Corporation of America. Throughout this Petition, PAPRSA will be used to refer to both SANYO E&E Corporation and Panasonic Appliances Refrigeration Systems Corporation of America, unless otherwise indicated.

2 PAPRSA notes at the outset that its waiver hybrid models were tested and certified by incorporating the standards contained 10 C.F.R. § 430, subpart B, appendix A1 as they relate to the refrigerated beverage compartment of these single cabinet units. For the new basic hybrid model, PAPRSA is electing to utilize 10 C.F.R. § 430, subpart B, appendix A prior to the September 15, 2014 effective date to measure the energy consumption of its new basic hybrid model.2

1. Existing Waiver Background and Product Characteristics of PAPRSA’s Hybrid Models On June 2, 2011, PAPRSA submitted a petition for waiver with respect to the test procedures for its waiver hybrid models that consist of a combination of a refrigerated “beverage” compartment in the top portion of these single-cabinet units and a wine storage compartment on the bottom of the units, and for which an alternative testing procedure was necessary in order to certify, rate, and sell such models. The waiver hybrid models include the following models: JUB248LB, JUB248RB, JUB248LW, JUB248RW, KBCO24LS, KBCS24LS, KBCO24RS, KBCS24RS, and MBCM24FW.

As PAPRSA previously explained, PAPRSA designed the wine storage compartments of its waiver hybrid models to operate between a minimum temperature of 45 oF and a maximum temperature of 64 oF, with an average temperature of 55 to 57 oF. In fact, heaters are used to ensure that the temperature in the wine storage compartment never drops below 45 oF, as wines chilled below this temperature risk becoming crystallized and, therefore, ruined. Currently, however, DOE’s testing procedures contained in 10 C.F.R. § 430, subpart B, appendix A1, mandate that energy consumption be measured when the compartment temperature is set at 38 oF. Based on the design characteristics of its waiver hybrid models noted above, however, PAPRSA needed a waiver with respect to DOE’s testing procedures in order to properly “certify, rate, and sell such models,” because the existing test procedures contained in 10 C.F.R. § 430, subpart B, appendix A1, do not contemplate a product that is designed to be incapable of achieving a temperature below 45 oF.

On April 2, 2012, DOE published PAPRSA’s previous petition for waiver and sought public comment, and DOE subsequently extended the deadline for comments after PAPRSA submitted a request for extension to clarify the scope of its original petition for waiver. See Federal Register, Vol. 77, No. 96, 29331-29333. No comments were filed opposing the relief requested in PAPRSA’s petition for waiver.

On August 9, 2012, DOE granted PAPRSA a waiver from DOE’s electric refrigerator and refrigerator-freezer test procedures for determining the energy consumption of the basic models listed in its June 2, 2011 petition for waiver. See Federal Register, Vol. 77, No. 159, 49443-44. In permitting PAPRSA to test the wine chiller compartment at 55 oF, DOE noted “that the test procedures for wine chillers adopted by the Association of Home Appliance Manufacturers (AHAM), California Energy Commission (CEC), and Natural Resources Canada all use a standardized compartment temperature of 55 oF for wine chiller compartments, which is consistent with [PAPRSA’s] approach.” Id. at 49444.

On September 26, 2012, DOE issued a correction to its August 9, 2012 order that incorporated the K factor (correction factor) value of .85 that PAPRSA should utilize when calculating the energy consumption of its waiver hybrid models. See Federal Register, Vol. 77, No. 193, 60688-89. Accordingly, DOE ultimately directed PAPRSA to utilize the following test procedure for its waiver hybrid models:

Energy consumption is defined by the higher of the two values calculated by the following two formulas (according to 10 CFR part 430, subpart B, Appendix A1):3

Energy consumption of the wine compartment:

EWine = (ET1 + [(ET2–ET1) x (55 oF–TW1) / (TW2–TW1)]) *0.85

Energy consumption of the refrigerated beverage compartment:

EBeverage Compartment= ET1 + [(ET2–ET1) x (38 oF–TBC1) / (TBC2–TBC1)].

See Federal Register, Vol. 77, No. 193 at 60689.

On April 29, 2013, PAPRSA submitted a second petition for waiver and interim waiver for a substantially similar hybrid model, SR5180JBC, that shares the same design characteristics that led DOE to approve PAPRSA’s June 2, 2011 waiver request. No comments were filed opposing the relief requested in PAPRSA’s second petition for waiver and interim waiver. On September 17, 2013, DOE again granted PAPRSA a waiver from DOE’s electric refrigerator and refrigerator-freezer test procedures for determining the energy consumption of basic hybrid model SR5180JBC. See Federal Register, Vol. 78, No. 180, 57139-41.

2. Request to Extend Scope of Previously Granted Waivers and Interim Waivers to New Basic Hybrid Model under Previously Approved Alternative Testing Procedure As indicated above, PAPRSA has developed a new basic hybrid model, PR5180JKBC
, that shares the same design characteristics that led DOE to approve PAPRSA’s two prior petitions for waiver. This new basic hybrid model is a single cabinet hybrid model that would be classified as a compact refrigerator with automatic defrost without through-the-door ice service, but which has a wine-chiller compartment designed for an average temperature of 55 to 57 oF. Just as PAPRSA’s waiver hybrid models, this new basic hybrid model contains a heater that makes it impossible for the temperature of the wine-chiller compartment to reach a temperature below 45 oF. Thus, testing this new hybrid model at 39 oF is simply not possible and not representative of the energy consumption characteristics of this new basic hybrid model. Further, this new basic hybrid model, just as PAPRSA’s waiver hybrid models, will have a door-opening usage aligned with household freezers, thus 0.85 should also be the employed K factor (correction factor) for this basic hybrid model. See Appendix B1 to Subpart 430, 5.2.1.1, because Subpart 430 does not recognize wine chiller as a category.

In short, there are no material differences between this new basic hybrid model and PAPRSA’s waiver hybrid models as it impacts this Request. The design differences between the new basic hybrid model and the waiver hybrid models are the introduction of a more efficient compressor and new external electronic controls. Although the new basic hybrid model will be more energy efficient, the design characteristics of the new basic hybrid model are the same as the characteristics of PAPRSA’s waiver hybrid models that led DOE to grant the prior two waivers. Accordingly, PAPRSA respectfully requests that it be permitted to use the following testing procedure for its new basic hybrid model:4

Energy consumption is defined by the higher of the two values calculated by the following two formulas (according to 10 CFR part 430, subpart B, Appendix A):

Energy consumption of the wine compartment:

EWine = (ET1 + [(ET2–ET1) x (55 oF–TW1) / (TW2–TW1)]) *0.85

Energy consumption of the refrigerated beverage compartment:

EBeverage Compartment= ET1 + [(ET2–ET1) x (39oF–TBC1) / (TBC2–TBC1)]. 3

Accordingly, PAPRSA respectfully requests that DOE extend the waivers that DOE previously granted it and that PAPRSA be permitted to use this approved alternative testing method to test, certify and rate the new basic hybrid models in the same manner as its waiver hybrid models subject to the existing waivers.

3. Grounds for Interim Waiver

Pursuant to 10 CFR part 430.27(b)(2), applicants for an interim waiver should address the likely success of their petition and what economic hardships and/or competitive disadvantages are likely to arise absent the grant of an interim waiver.

As detailed above, it is highly likely that DOE will grant this Request, as PAPRSA is simply seeking to test a new basic hybrid model under the alternative testing procedure already approved twice by DOE for PAPRSA’s other hybrid models subject to the existing waivers. The new basic hybrid models contain no materially different design characteristics that should warrant a different result.

Further, as DOE has previously stated, “[f]ully recognizing that product development occurs faster than the test procedure rulemaking process, the Department’s rules permit manufacturers of models not contemplated by the test procedures ... to petition for a test procedure waiver in order to certify, rate, and sell such models.” GC Enforcement Guidance on the Application of Waivers and on the Waiver Process at 2 (rel. Dec. 23, 2010); 4 see also DOE FAQ Guidance Regarding Coverage of Wine Chillers, Etc. in the R/F Standard/Test Procedure at 2 (rel. Feb. 10, 2011) (“DOE recognizes the potential disparity in treatment among these hybrid products. As DOE indicated ..., the Department plans to engage in a future rulemaking to more comprehensively address these types of products.”).

3 As a result of electing to utilize Appendix A to Subpart B of Part 430 prior to the September 15, 2014 effective date to measure the energy consumption of its new basic hybrid model, testing of the refrigerated beverage compartment will be conducted at 39 oF as specified in Appendix A, as opposed to 38 oF as specified in Appendix A1 and under which PAPRSA’s waiver hybrid models were previously certified. 4 Available at http://www.gc.energy.gov/documents/LargeCapacityRCW_guidance_122210.pdf.5

Certain manufacturers design comparable hybrid models so that the beverage center compartment does not reach below 40 oF, and thus are not covered products under DOE’s regulations. Unless PAPRSA is granted an interim waiver, it will be at a competitive disadvantage by being unable to introduce the new basic hybrid model to compete with manufacturers that design their hybrid models in a manner that falls outside of DOE’s jurisdiction.

Thus, given that this Request is likely to be granted and PAPRSA will face economic hardship unless an interim waiver is granted, permitting PAPRSA to immediately certify the new basic hybrid model under the alternative testing method already approved by DOE is in the public interest.

Respectfully submitted,

/s/ Alan G. Fishel Adam D. Bowser ARENT FOX LLP 1717 K St., NW Washington, DC 20036-5369 (202) 857-6450 fishel.alan@arentfox.com bowser.adam@arentfox.com

Counsel for Panasonic Appliances Refrigeration Systems Corporation of America

July 2, 2014