U.S. DEPARTt'IENT OF ENERGY

OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY

Office of Building Technologies

Office of Codes and Standards (EE-43)

Public Hearing

Notice of Proposed Rulemaking (NOPR)

Energy Conservation Program For Consumer Products

8 Products NOPR

Docket No. EE-RM-90-201

June 8, 1994 DOE - Washington, DC

Panel Members

Carl Adams

Presiding Official

William Hul

Dr. Barry Berlin

Eugene Margolis

Opening Remarks

Carl Adams

Schedule of Speakers

1. Jeffrey Genzer

2. Victoria Wagman

3. Francis J. Murray, Jr

4. Ronald J. DeFatta

5. Jamie Archiga

6. Steven H. Norwood

7. Randy Nordin

8. Mercedes Mewszel

9. Bob Arndt

Director, Appliance Standards Division

Office of Codes and Standards

Program Manager

Office of Codes and Standards

Economi st

Office of Codes and Standards

Attorney

Office of General Counsel

SCHEDULE OF PRESENTATIONS

Presiding Official

Representing

Nat. Asso. of State Energy

Nat. Council On The Aging,

N.Y. State Energy Office

Central and South West Ser

8:30a.m.

Approximate Time

Officials early morning

Inc. early morning

early morning

vices early morning

J.J. Construction Co. early morning

Wachter & Norwood, Inc. early morning

Northwest Community Action, Inc. early morning

community action agency, MN early morning

Obrien Plumbing & Heating early morning

EE-RM-90-201 COMMENT OOL
10. Mark E. Paradis Bangor Hydro-Electric Co. early morning

11. Harrison Horning Central Maine Power Co. early morning

12. Alan J. Noia The Potomac Edison Company early morning

13. Kevin McDonald McDonald's Design & Build early morning

14. Robert P. Blevins Plexus Research, Inc. early morning

15. Mark Kalish Michael T. Rose. Co. mid-morning

16. R. Craig Smith Tennessee Valley Authority mid-morning

17. Steve Burger Lower Colorado River Authority mid-morning

18. Craig Eymann Cedar Creek Construction mid-morning

19. Pete Breck Parragon Properties, Inc. mid-morning

20. David Knipe Pennsylvania Builders Asso. mid-morning

21. Jesse C. Tilton, III Pennsylvania Rural Electric Asso. mid-morning

22. Robert Simmons Kettler Forelines, Inc. mid-morning

23. Duejean C. Garrett PSI Energy mid-morning

LUNCH 12:25p.m.

24. Douglas J. Reinemann

25. Michael E. Shriner

26. Charles Soderberg

27. James R. Eskridge

28. Scott L. Parsley

29. Duane Bye

30. Steven M. Wegman

31. Leo Offerman

32. Raleigh Henry

33. Wayne Livingston

34. Nelson Hawk

University of Wisconsin 1:25p.m.

Indianapolis Power & Light Co. early afternoon

Northwest Iowa Power Cooperative early afternoon

Sun River Electric Cooperative early afternoon

East River Electric Power Cooperative early afternoon

Basin Electric Power Cooperative, Inc. early afternoon

South Dakota Public Utility Commission early afternoon

Wright-Hennipin Electric Cooperative early afternoon

Lamar Electric Membership Corp. early afternoon

Troup Electric Membership Corp. early afternoon

Oglethorpe Power Corp. mid-afternoon

EE-RM-90-201 COMMENT OOL
35. James Kirsch Tn-State Generation & Transmission Asso. mid- afternoon

36. Barry Moline American Public Power Asso. mid- afternoon

37. A. Joseph Van den Berg Edison Electric Institute mid- afternoon

38. Al Temple Centerior Energy mid- afternoon

39. Larry S. Barnett Mississippi Power Co. mid- afternoon

40. Peter La Sure Niagra Mohawk Power Corp. mid- afternoon

41. Dale Sweetland dairy farmer, NY mid- afternoon

42. Peter W. Lind Central Vermont Public Service Corp. mid- afternoon

43. Jeffrey W. Wright Western Resources, Inc. mid- afternoon

44. Alan S. Lloyd Hawaiian Electric Co. mid- afternoon

45. John F. Hose Allegheny Power System mid- afternoon

46. Matthew M. Custer Atlantic Electric mid- afternoon

47. R. DeWitt Smith Carolina Power & Light Co. late afternoon

48. George Heintzen, Jr. Entergy Corporation late afternoon

49. J. Edgar Holt Florida Power Corporation late afternoon.

50. Richard A. Peterson N.Y. State Electric & Gas Corp. late afternoon

51. David C. Ludington Cornell University late afternoon

52. Chris Siebens General Public Utilities late afternoon

53. George W. Yost Monongahela Power Co. late afternoon

54. Peter M. Morante Northeast Utilities late afternoon

55. Katherine Sasseville Otter Tail Power Company late afternoon

56. Michael Poncia PECO Energy Company late afternoon

57. Grayson E. McNair Pennsylvania Power & Light Co. late afternoon

58. Daniel N. Hart Tampa Electric Company late afternoon

59. James L. Stitt West Penn Power Company late afternoon

60. Meg Power Nat. Community Action Foundation late afternoon

61. Steven Nadel Amer. Council For An Energy Efficient late afternoon

Economy

EE-RM-90-201 COMMENT OOL
62. Eddie Mayberry Potomac Electric Power Company late afternoon

63. Timothy A. Bernadowski Virginia Power late afternoon

64. Unscheduled Speakers

Rebuttal Statements

Questions

FEDERAL REGISTER NOTICES

Office of Environmental Restoration and Waste Management (EM-42)

EE-RM-90-201 COMMENT OOL
I

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U.S. DEPARTMENT OF ENERGY

OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY

OPENING REMARKS

Notice of Proposed Rulemaking (NOPR)

Energy Conservation Program For Consumer Products

8 Products NOPR'

Docket Number EE-RM-90-201

June 7 - 8, 1994

Washington, D.C.

Good morning and welcome. I am Carl Adams. On behalf of

the Department of Energy, I would like to thank you for taking

the time to participate in this public hearing concerning the

Department's energy conservation-program for consumer products.

The purpose of this hearing is to receive oral testimony

from the public on DOE's notice of proposed rulemaking regarding

energy conservation standards for room air conditioners, water

heaters, direct heating equipment, mobile home furnaces, kitchen

ranges and ovens, pool heaters and fluorescent lamp ballasts; and

to consider establishing energy conservation standards for

television sets as published in the Federal Register on March 4,

1994. The comments received here today and those submitted

during the written comment period will assist the Department in

developing the final rule. The written comment period as

stipulated in the second Federal Register iotice (April 19, 1994,

59 FR 18502) for this rulemaking has been extended to July 18,

1994.

All comments submitted on this notice will be considered

before DOE establishes the final rule. Comments received after

the comment period closes will be considered to the fullest

extent possible.

As the Presiding Official for this hearing, I will set forth

the guidelines for conducting the hearing and provide other

pertinent information. In approximately one week, a complete

transcript of this hearing will be available for inspection and

copying at the Department of Energy's Freedom of Information

Reading Room located in room 1E-190. Anyone wishing to purchase

a copy of the transcript may make arrangements with the court

reporter.

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EE-RM-90-201 COMMENT OOL
This will not be an evidentiary or judicial type of hearing.

It will be conducted in accordance with Section 553 of the

Administrative Procedures Act, 5 U.S.C. section 553 and section

501 of the DOE Organization Act, 42, tJS.C. section 7191. To

provide the Department with as much pertinent information and as

many views as can reasonably be obtained, and to enable

interested persons to express their views, the hearing will be

conducted in accordance with the following procedures:

o speakers will be called to testify based on a schedule

of those people who responded to the notice of this

hearing.

o speakers are reminded that all comments, including the

statements submitted at the public hearings and the

written comments received by the Department by July 18

close of comment period, will be included in the

rulemaking record and will be considered in full. Due

to the large number of people requesting to speak at

these hearings and in order that each speaker has the

opportunity to express their views regarding the

proposed rule, speakers are greatly encouraged to limit

their oral presentation to five minutes. Where

appropriate, the Department requests speakers to

indicate their support of previous testimony since time

does not allow the reading of lengthy statements into

the record. As the presiding official, I may request

speakers, depending on the nature of their statement

relative to previous testimony, to summarize and

conclude their statement in order that oter scheduled

speakers may have the opportunity to make their

presentation.

o if time allows, anyone may make an unscheduled oral

statement after all scheduled speakers have delivered their

statements; Persons interested in making such an unscheduled

statement should submit their request to the registration

desk before the conclusion of the scheduled speakers; and

o at the conclusion of all presentations, scheduled and

unscheduled, speakers will be given the opportunity to

make a rebuttal statement, subject to time limitations,

and will be called in the order in which the initial

statements were made. Persons interested in making

such a rebuttal statement should submit their request

to the registration desk before the conclusion of the

speakers.

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EE-RM-90-201 COMMENT OOL
Questions will be asked only by members of the panel

conducting the hearing. However, the presiding official will

afford any interested person an opportunity to question speakers

who have made oral presentations. This opportunity will be

afforded after any rebuttal statements, to the extent that the

presiding official determines that such question is likely to

result in a more timely and effective resolution of the issues.

Persons interested in making use of this opportunity must submit

their request shortly after the completion of any rebuttal

statements to the registration desk. The questions submitted

should be identified as to who the author of the question is and

to whom the question is being directed.

The presiding official will determine whether the question

is relevant. If the question is allowed, it will be asked by the

presiding official.

Furthermore, the presiding official will afford any

interested person an opportunity to question employees of the

United States who have made written or oral presentations with

respect to disputed issues of material fact. This opportunity

will also be afforded after any rebuttal statements, to the

extent that the presiding official determines that such question

is a disputed issue of material fact and is likely to result in a

more timely and effective resolution of such issue. Persons

interested in making use of this opportunity must submit their

request before the completion of any rebuttal statements to the

registration desk and should state specific justification,

including why the issue is one of disputed fact and how the

proposed question would expedite its resolution. The questns

submitted should be identified as to who the author of the

question is and to whom the question is being directed.

The presiding official will

is relevant. If the question is

presiding official.

determine whether the question

allowed, it will be asked by the

As mentioned earlier, the close of the comment period is

July 18, 1994. All written comments received will be available

for public inspection at the DOE Freedom of Information Reading

Room, (202) 586-6020. Written comments should be addressed to:

U.S. Department of Energy

EE-43l

8 Product NOPR, Docket No. CE-RM-90-201

1000 Independence Avenue, SW

Washington, DC 20585

3

EE-RM-90-201 COMMENT OOL
Ten copies of the comments are requested. In addition, the

Department would appreciate an electronic copy of the comments.

The Department is currently using Wordperfect 5.1. No faxed

comments will be accepted.

Any person submitting information which he or she believes

to be confidential and exempt by law from public disclosure

should submit to the address in the proposed rule one complete

copy and six copies from which information claimed to be

confidential has been deleted. In accordance with the procedures

established at 10 CFR 1004.11, the Department of Energy shall

make its own determination as to whether or not the information

shall be exempt from public disclosure.

In keeping with the regulations of this facility, there will

be no smoking in this room.

We appreciate the time and effort you have taken in

preparing your statements and are pleased to receive your

comments and opinions. I would now like to introduce the members

of the panel. Joining me at various times during this hearing

will be: Terry Logee, Cyrus Nasseri, William Hui, Ed Pollock,

and Ingrid Watson, all Program Managers within the Office of

Codes and Standards and Dr. Barry Berlin, Economist in the Office

of Codes and Standards. In addition, Eugene Margolis from the

Office of General Counsel and Mark Friedrichs from the Office of

Policy, Planning and Evaluation will be joining me on the panel.

At this time, I will call the first speaker. For the

record, please state your name and whom you represent.

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EE-RM-90-201 COMMENT OOL