26006 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was re-designated Part A–1. 

Tentative Agenda 

Monday, May 20, 2013 

1:00 p.m. Combined Committees 

Session 

Order of Committees: 

• Facilities Disposition and Site 

Remediation Committee 

• Nuclear Materials Committee 

• Waste Management Committee 

• Strategic and Legacy Management 

Committee 

• Administrative and Outreach 

Committee 

5:00 p.m. Public Comment Session 

5:15 p.m. Adjourn 

Tuesday, May 21, 2013 

8:30 a.m. Opening, Pledge, Approval 

of Minutes, Chair and Agency 

Updates 

Public Comment Session 

Waste Management Committee Report 

Break 

Facilities Disposition and Site 

Remediation Committee Report 

Administrative and Outreach 

Committee Report 

Public Comment Session 

12:00 p.m. Lunch Break 

1:30 p.m. Nuclear Materials 

Committee Report 

Strategic and Legacy Management 

Committee Report 

Public Comment Session 

Public Comment Session 

5:00 p.m. Adjourn 

Public Participation: The EM SSAB, 

Savannah River Site, welcomes the 

attendance of the public at its advisory 

committee meetings and will make 

every effort to accommodate persons 

with physical disabilities or special 

needs. If you require special 

accommodations due to a disability, 

please contact Gerri Flemming at least 

seven days in advance of the meeting at 

the phone number listed above. Written 

statements may be filed with the Board 

either before or after the meeting. 

Individuals who wish to make oral 

statements pertaining to agenda items 

should contact Gerri Flemming’s office 

at the address or telephone listed above. 

Requests must be received five days 

prior to the meeting and reasonable 

provision will be made to include the 

presentation in the agenda. The Deputy 

Designated Federal Officer is 

empowered to conduct the meeting in a 

fashion that will facilitate the orderly 

conduct of business. Individuals 

wishing to make public comments will 

be provided a maximum of five minutes 

to present their comments. 

Minutes: Minutes will be available by 

writing or calling Gerri Flemming at the 

address or phone number listed above. 

Minutes will also be available at the 

following Web site: http://cab.srs.gov/ 

srs-cab.html. 

Issued at Washington, DC on April 29, 

2013. 

LaTanya R. Butler, 

Deputy Committee Management Officer. 

[FR Doc. 2013–10482 Filed 5–2–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CR–005] 

Notice of Petition for Waiver of Felix 

Storch, Inc. (FSI) From the Department 

of Energy Commercial Refrigerator, 

Freezer and Refrigerator-Freezer Test 

Procedure, and Grant of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver, 

notice of grant of interim waiver, and 

request for comments. 

SUMMARY: This notice announces receipt 

of and publishes a petition for waiver 

and application for interim waiver from 

Felix Storch, Inc. (FSI) (hereafter, 

‘‘petition’’) from the U.S. Department of 

Energy (DOE) test procedure for 

determining the energy consumption of 

commercial refrigerators, freezers and 

refrigerator-freezers. Today’s notice also 

grants an interim waiver for specific 

basic models to FSI from portions of the 

DOE commercial refrigerator, freezer 

and refrigerator-freezer test procedure. 

Through this notice, DOE also solicits 

comments with respect to the FSI 

petition. 

DATES: DOE will accept comments, data, 

and information with respect to the FSI 

petition until June 3, 2013. 

ADDRESSES: You may submit comments, 

identified by case number CR–005, by 

any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov. 

Include ‘‘Case No. CR–005’’ in the 

subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza SW., Washington, DC, 20024; 

(202) 586–2945, between 9:00 a.m. and 

4:00 p.m., Monday through Friday, 

except on Federal holidays. Available 

documents include the following items: 

(1) This notice; (2) public comments 

received; (3) the petition for waiver and 

application for interim waiver; and (4) 

DOE rulemakings and waivers regarding 

commercial refrigeration equipment. 

Please call Ms. Brenda Edwards at the 

above telephone number for additional 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Program, 

Mail Stop EE–2J, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

Bryan.Berringer@ee.doe.gov. 

Ms. Jennifer Tiedeman, U.S. Department 

of Energy, Office of the General 

Counsel, Mail Stop GC–71, Forrestal 

Building, 1000 Independence Avenue 

SW., Washington, DC 20585–0103. 

Telephone: (202) 287–6111. Email: 

mailto:Jennifer.Tiedeman@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part C of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6311–17 

(‘‘sections 6311–6317’’)), established the 

Energy Conservation Program for certain 

industrial equipment, which includes 

commercial refrigeration equipment, the 

focus of this notice.1 Part C specifically 

includes definitions (42 U.S.C. 6311), 

energy conservation standards (42 

U.S.C. 6313), test procedures (42 U.S.C. 

6314), labeling provisions (42 U.S.C. 

6315), and the authority to require 

information and reports from 

manufacturers (42 U.S.C. 6316). With 

respect to test procedures, Part C 

authorizes the Secretary of Energy (the 

Secretary) to prescribe test procedures 

that are reasonably designed to produce 

results that measure energy efficiency, 

energy use, and estimated annual 

operating costs, and that are not unduly 

burdensome to conduct. (42 U.S.C. 

6314(a)(2)) 


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6314(a)(6)(C) directs DOE to develop 

test procedures to establish the 

appropriate rating temperatures for 

products for which standards will be 

established under section 6313(c)(5), 

including (1) Ice-cream freezers; (2) 

commercial refrigerators, freezers, and 

refrigerator-freezers with a selfcontained condensing unit without 

doors; and (3) commercial refrigerators, 

freezers, and refrigerator-freezers with a 

remote condensing unit. Provisions of 

section 6314(a)(6) provide DOE with 

additional authority to establish and 

amend test procedures for commercial 

refrigeration equipment. On December 

8, 2006, DOE published a final rule 

adopting test procedures for commercial 

refrigeration equipment. 71 FR 71340. 

Title 10 of the Code of Federal 

Regulations (10 CFR) 431.64 directs 

manufacturers of commercial 

refrigerators, freezers and refrigeratorfreezers to use certain sections of AirConditioning and Refrigeration Institute 

(ARI) Standard 1200–2006, 

‘‘Performance Rating of Commercial 

Refrigerated Display Merchandisers and 

Storage Cabinets’’ when measuring the 

energy consumption of this equipment. 

On January 9, 2009, DOE established 

energy conservation standards for 

certain classes of commercial 

refrigerators, effective January 1, 2012, 

and provided that the test procedures at 

10 CFR 431.64 apply to that equipment. 

74 FR 1092, 96. The basic models 

included in FSI’s petition are subject to 

the applicable standards established in 

that rulemaking and are therefore 

required to be tested and rated 

according to the prescribed DOE test 

procedure as of January 1, 2012. 

DOE’s regulations for covered 

products and equipment permit a 

person to seek a waiver from the test 

procedure requirements for covered 

commercial equipment if at least one of 

the following conditions is met: (1) The 

petitioner’s basic model contains one or 

more design characteristics that prevent 

testing according to the prescribed test 

procedures; or (2) the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption as to 

provide materially inaccurate 

comparative data. 10 CFR 431.401(a)(1). 

Petitioners must include in their 

petition any alternate test procedures 

known to the petitioner to evaluate the 

basic model in a manner representative 

of its energy consumption. 10 CFR 

431.401(b)(1)(iii). The Assistant 

Secretary for Energy Efficiency and 

Renewable Energy (Assistant Secretary) 

may grant a waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

431.401(f)(4). Waivers remain in effect 

according to the provisions of 10 CFR 

431.401(g). 

The waiver process also permits 

parties submitting a petition for waiver 

to file an application for interim waiver 

of the applicable test procedure 

requirements. 10 CFR 431.401(a)(2). The 

Assistant Secretary will grant an interim 

waiver if it is determined that the 

applicant will experience economic 

hardship if the application for interim 

waiver is denied, if it 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 relief pending a 

determination of the petition for waiver. 

10 CFR 430.401(e)(3). An interim waiver 

remains in effect for 180 days or until 

DOE issues its determination on the 

petition for waiver, whichever is sooner. 

DOE may extend an interim waiver for 

an additional 180 days. 10 CFR 

430.401(e)(4). 

II. Application for Interim Waiver and 

Petition for Waiver 

On January 31, 2013, FSI submitted a 

petition for waiver from the DOE test 

procedure applicable to commercial 

refrigerators, freezers and refrigeratorfreezers set forth in 10 CFR 431.64, as 

well as an application for interim 

waiver. FSI requested the waiver for 

certain basic models of its commercial 

ice cream freezers. This equipment is 

classified as a commercial ice cream 

freezer (category (vii)) in the table listing 

some of the applicable test procedure 

requirements at 10 CFR 431.64(b)(3)). 

The applicable test procedure for this 

equipment is specified in 10 CFR 

431.64(b), which incorporates by 

reference ARI Standard 1200–2006, 

section 3, ‘‘Definitions,’’ section 4, ‘‘Test 

Requirements,’’ section 7, ‘‘Symbols and 

Subscripts,’’ and, section 5, ‘‘Rating 

Requirements for Remote Commercial 

Refrigerated Display Merchandisers and 

Storage Cabinets.’’ 

FSI seeks a waiver and interim waiver 

from the applicable test procedure 

under 10 CFR 431.64 on the grounds 

that its commercial ice cream freezers 

contain design characteristics that 

prevent testing according to the current 

DOE test procedure. Specifically, FSI 

asserts that particular basic models of 

commercial ice cream freezers are not 

able to operate at the specified 

integrated average temperature of 

¥15 °F, which is required for testing 

and rating purposes. Instead, FSI asserts 

that the equipment can only operate 

from 0 °F to ¥5 °F. Consequently, FSI 

requested that DOE grant a waiver from 

the applicable test procedure, allowing 

the specified products to be tested at an 

integrated average temperature of 0 °F, 

which FSI asserts is an acceptable 

temperature at which to test the 

specified basic models. FSI further 

asserts that these basic models of 

commercial ice cream freezers are 

designed to maintain the frozen state of 

an already frozen product, not to lower 

the temperature of non-frozen products 

to the 0 °F to ¥5 °F operating 

temperature. 

In addition, FSI asserts that the 

commercial ice cream freezers subject to 

the petition also have significantly 

greater volumes per unit of total display 

area (TDA) than other commercial 

freezers of a similar type and function. 

FSI believes the current method of 

measurement for TDA in the DOE test 

procedure does not provide a fair and 

accurate representation of the display 

area and, therefore, the energy use of its 

products. FSI is requesting an 

adjustment or allowance for the 

measurement of TDA. 

The Department articulated its 

position regarding basic models of 

commercial refrigeration equipment that 

are not capable of operating at the 

required integrated average temperature 

specified by the DOE test procedure in 

a test procedure final rule published on 

February 21, 2012. 77 FR 10292. 

Specifically, to qualify to use the lowest 

application product temperature for a 

certain piece of equipment, a 

manufacturer should be confident that 

any case tested under that provision 

could achieve the specified lowest 

application product temperature within 

±2 °F and could not be tested at the 

rating temperature (i.e., integrated 

average temperature specified by the 

DOE test procedure) for the given 

equipment class. Further, in the final 

rule, DOE clarified that, for many pieces 

of equipment, the lowest application 

product temperature that should be 

used for testing will be the lowest 

temperature setting on the unit’s 

thermostat. 77 FR 10292, 10303 

(February 21, 2012). 

DOE agrees with FSI’s assertion that 

the basic models identified in its 

petition cannot be operated at the 

associated rating conditions currently 

specified for commercial ice cream 

freezers in the DOE test procedures 

given the available data. However, when 

the temperature knob is set to the 

coldest setting as described in the 

February 2012 final rule, DOE has 

confirmed that the corresponding 

integrated average temperature achieved 

during operation by these basic models 

is approximately ¥8 °F. In light of this 

and DOE’s position in the February 


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2012 final rule, DOE has concluded that 

FSI’s request to test these basic models 

of commercial ice cream freezers at an 

integrated average temperature of 0 °F is 

inappropriate. Instead, DOE has 

determined that the basic models of 

commercial ice cream freezers listed in 

FSI’s petition should be tested at their 

lowest application product temperature 

as defined at 10 CFR 431.62, which 

corresponds to an integrated average 

temperature of ¥8 °F. 

DOE rejects FSI’s request regarding 

the use of an alternative calculation and 

use of the TDA metric to characterize 

the display area of the commercial ice 

cream freezer. During the previous 

rulemaking considering energy 

conservation standards for commercial 

refrigeration equipment, TDA was 

chosen as the display metric because 

DOE found through its own 

investigation and research and after 

receiving public comment on the issue 

that it is most representative of the heat 

loads that define the performance of 

transparent-door equipment—namely 

radiation and conduction through glass 

doors. 74 FR 1092 (Jan. 9, 2009). 

Additionally, since commercial ice 

cream freezers are used for 

merchandising in the retail 

environment, ‘‘face area’’ (or area of 

visible product), which is analogous to 

TDA, is often used by retailers as the 

metric of equipment capacity. In the 

ongoing rulemaking it was reconfirmed 

that TDA should be the metric of choice. 

Consequently, DOE is not swayed by 

FSI’s argument and does not believe that 

the commercial ice cream freezers 

described in the petition contain design 

characteristics that make the methods of 

determination and the TDA metric 

unrepresentative and is denying this 

portion of the petition. 

Last, FSI has raised two smaller 

testing issues, which DOE does not 

believe merit any consideration. First, 

FSI states that the packets used for 

testing purposes should be pre-chilled 

to 0 °F or ¥5 °F before the test is 

started, implying that the current test 

procedure incorporates some type of 

pull-down period. FSI’s assertion is 

incorrect; the DOE test procedure does 

not incorporate a pull-down period 

during the energy consumption test. 

Instead, the DOE test procedure allows 

the commercial ice cream freezer to be 

loaded with room temperature product 

simulators and filler packages, and 

requires that the unit run until it has 

reached steady-state operation at the 

specified rating temperature for the 

required stabilization period as defined 

in sections 3 and 7.4 of ASHRAE 72– 

2005. The actual energy consumption 

test does not begin until the stabilized 

integrated average temperature is 

reached and maintained. Consequently, 

FSI’s request is denied. Second, FSI 

asserts that the integrated average 

temperature must stabilize prior to 

starting the energy consumption test. 

DOE agrees with FSI on this point, 

however, stabilization is currently 

required by the DOE test procedure, as 

specified by ASHRAE 72–2005, 

‘‘Method of Testing Commercial 

Refrigerators and Freezers,’’ which is 

incorporated by reference as part of the 

DOE test procedure. Thus, FSI’s request 

is redundant and unnecessary. 

DOE has determined that one portion 

FSI’s petition likely will be granted, and 

that it is desirable for public policy 

reasons to grant FSI relief pending a 

determination on the petition. DOE 

believes that it is likely FSI’s petition 

will be granted because the commercial 

ice cream freezers specified in FSI’s 

petition are not able to operate at the 

specified integrated average temperature 

of ¥15 °F ± 2 °F. DOE previously 

granted interim waivers to Hill 

PHOENIX Inc. and Hussmann based on 

a similar issue pertaining to the ability 

to test certain of their products at the 

specified integrated average temperature 

in the DOE test procedure. (77 FR 5782, 

February 6, 2012, and 77 FR 4800, Jan. 

31, 2012, respectively) In addition, DOE 

has determined that it is desirable that 

the energy efficiency of this equipment 

be tested and rated in a manner similar 

to other commercial refrigeration 

equipment while DOE considers the 

petition for waiver. As a result, DOE 

grants an interim waiver to FSI for the 

specified models of its commercial 

refrigerator products. Therefore, it is 

ordered that: 

The application for interim waiver 

filed by FSI is hereby granted for the 

basic models of commercial ice cream 

freezer specified in FSI’s application, 

subject to the provisions specified in 

section III below. FSI shall be required 

to test and rate the specified basic 

models according to the alternate test 

procedure as set forth in section III, 

‘‘Alternate test procedure.’’ 

The interim waiver applies to the 

following basic models: 

SCF694, SCF695S, SCF1094, SCF1095S, 

SCF1494, SCF1495S, SCF1694, 

SCF1695S, SCF1894, SCF1895S, 

SCF630, SCF940, SCF1310, and 

SF1710 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may be manufactured 

by the petitioner. FSI may submit a 

petition for waiver and application for 

interim waiver, as appropriate, for 

additional models of commercial 

refrigerators, freezers and refrigeratorfreezers for which it seeks a waiver from 

the DOE test procedure. In addition, 

DOE notes that grant of an interim 

waiver or waiver does not release a 

petitioner from the certification 

requirements set forth at 10 CFR part 

429. 

III. Alternate Test Procedure 

As a condition for granting this 

interim waiver to FSI, DOE requires FSI 

to test the commercial ice cream freezers 

specified in its January 31, 2013 petition 

and listed above according to the test 

procedure specified at 10 CFR 431.64, 

except that instead of testing at the 

required integrated average temperature 

of ¥15 ± 2 °F, FSI shall test the 

specified basic models at an integrated 

average temperature of ¥8 ± 2 °F, which 

DOE confirmed is the lowest 

temperature at which those models can 

operate. 

DOE notes that it has published an 

amended test procedure for commercial 

refrigeration equipment. (77 FR 10292, 

Feb. 21, 2012). The amended test 

procedure addresses the testing issue 

addressed in this waiver, requiring 

products to be tested at their lowest 

application product temperature. Id. 

Use of the amended test procedure will 

be required on the compliance date of 

any amended standards for this 

equipment. 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE 

announces receipt of FSI’s petition for 

waiver from the test procedures that 

apply to commercial refrigerators, 

freezers and refrigerator-freezers. For the 

reasons articulated above, DOE also 

grants FSI an interim waiver from those 

procedures as described above. DOE is 

publishing FSI’s petition for waiver in 

its entirety pursuant to 10 CFR 

431.401(b)(1)(iv). Confidential business 

information has been redacted from the 

petition. Furthermore, today’s notice 

includes an alternate test procedure that 

FSI is required to follow as a condition 

of its interim waiver. 

DOE solicits comments from 

interested parties on all aspects of the 

petition. Pursuant to 10 CFR 431.401(d), 

any person submitting written 

comments must also send a copy of 

such comments to the petitioner. The 

contact information for the petitioner is: 

Paul Storch, President, Summit 

Appliance Div., Felix Storch, Inc., 770 

Garrison Ave., Bronx, NY 10474. All 

submissions received must include the 

agency name and case number for this 

proceeding. Submit electronic 


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comments in WordPerfect, Microsoft 

Word, Portable Document Format (PDF), 

or text (American Standard Code for 

Information Interchange (ASCII)) file 

format and avoid the use of special 

characters or any form of encryption. 

Wherever possible, include the 

electronic signature of the author. DOE 

does not accept telefacsimiles (faxes). 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: One copy of 

the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Issued in Washington, DC, on April 29, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

BILLING CODE 6450–01–P 


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January 31, 2013 

Dr. David Danielson 

Assistant Secretary 

Energy Efficiency and Renewable Energy 

U.S. Department of Energy 

1000 Independence Ave., SW 

Washington, DC 20585 

RE: Application/or Interim Waiver pursuant to 10 C.F.R. § 

431.401/or basic Summit models: SCF694, SCF695S, 

SCF1094, SCF1095S, SCF1494, SCF1495S, SCF1694, 

SCF1695S, SCF1894, SCF1895S, SCF630, SCF940, 

SCF1310, and SF1710 

This application for interim waiver applies to the following models: SCF694, SCF695S, 

SCF1094, SCFI095S, SCF1494, SCF1495S, SCF1694, SCF1695S, SCF1894, 

SCF1895S, SCF630, SCF940, SCF13lO, and SF171O. Jointly, these models are referred 

to throughout as "Freezers." Further information to support this application is contained 

in the Petition for Waiver filed simultaneously to this application. 

FSI though this Application for Interim Waiver will demonstrate likely success of the 

Petition for Waiver and address what economic hardship and/or competitive disadvantage 

is likely to result absent a favorable determination on the Application for Interim Waiver. 

CONFIDENTIAL BUSSINESS INFORMATION 

Likelihood Success on the Merits 

This action was initiated at the suggestion of DOE after discussing the design and 

operation of certain FSI commercial freezers. During those conversations, FSI and DOE 

discussed specific changes to the test procedures that would provide a more 

representative indicator of energy consumption for comparative purposes. It was agreed 

that FSI would submit this waiver request with an understanding that the waiver would be 

granted. 

Economic Hardship 
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Ice-cream freezers are part of a suite of products that FSI offers its commercial 

customers; others include ice-makers, beverage refrigerators, compact commercial 

refrigerators, wine cellars, beer dispensers, juice mixers, etc. 

Conclusion 

FSI initiated this Application for Interim Waiver at the suggestion of DOE after the 

department learned of the unique design and operation ofFSI's freezers and it is FSI's 

that DOE will 

F or these reasons, FSI respectfully requests that you 

grant an interim waiver of the test procedures of 10 C.F.R. § 431.64. 

Respectfully submitted, 

Paul Storch 

Summit Appliance Div. Felix Storch, Inc. 

770 Garrison Ave. Bronx, NY 10474 USA 

PH. 718-893-3900 

FAX: 718-842-3093 
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January 31, 2013 

Building Technologies Program 

U.S. Department of Energy 

Test Procedure Waiver 

1000 Independence Ave., SW 

Mailstop EE-2J 

Washington, DC 20585-0121 

RE: Petition for Waiver of Test Procedures for Commercial 

Freezers pursuant to 10 C.F.R. § 431.401 for basic 

Summit models: SCF694, SCF695S, SCF1094, SCF1095S, 

SCF1494,SCF1495S,SCF1694,SCF1695S,SCF1894, 

SCF1895S, SCF630, SCF940, SCF131O, and SF1710 

INTRODUCTION 

Felix Storch, Inc. (FSI) is a small business engaged in importing, manufacturing, and 

distributing appliances to niche markets in household, commercial, and medical 

. . as well as household . and Located in the South B 
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This Petition for Waiver regards FSI's commercial ice-cream freezers that are designed to 

operate at significantly warmer temperatures than specified in the testing requirements 

for ice-cream freezers (-15 OF), as adopted by the Department of Energy (DOE) at 10 

C.F .R. § 431.64. FSI Freezers also have significantly greater volumes per unit of total 

display area (TDA) than other commercial freezers. This factor, which can increase 

significantly the space/volume refrigerated, must be considered in any representative test 

procedures for energy standards. As such, the current regulatory test procedures do not 

provide a fair and accurate representation of the energy use of the products listed below. 

For this reason, FSI respectfully requests a waiver of the test procedures provided for 

commercial refrigeration in 10 C.F .R. § 431 (2012). 

In the interim, until due process on the petition is carried out, FSI is filing an Application 

for Interim Waiver to avoid economic hardship that it might experience absent a 

favorable determination on its Application for Interim Waiver. 

I. Models for which a wavier is requested. 

This waiver request applies to the following models: SCF694, SCF695S, SCFl 094, 

SCFI095S, SCF1494, SCFI495S, SCF1694, SCFI695S, SCF1894, SCFI895S, SCF630, 

SCF940, SCF1310, and SFI710. Jointly, these models are referred to throughout as 

"Freezers." These Freezers are designed to operate at significantly higher temperatures 

than the temperature specified in applicable testing temperatures for ice-cream freezers (-

15 OF) as adopted by the Department of Energy (DOE) at 10 C.F.R. § 431.64. The 

Freezers also have significantly greater volumes per unit than other commercial freezers; 

this is not accounted for adequately by the total display area (TDA) approach. Because 

of these factors, the current regulatory test procedures do not provide a fair and accurate 

representation of the energy use of these models. 

II. Manufacturers of other basic models marketed in the United States known 

by FSI to incorporate similar design characteristics. 

The manufacturers of other basic models marketed in the United States and known to the 

FSI to incorporate similar design characteristic(s) are included in Attachment B. 

III. The proscribed test procedures evaluate FSI's models in a manner so 

unrepresentative of their true energy consumption characteristics as to 

provide materially inaccurate comparative data. 

The proscribed test procedures at 10 C.F.R. § 431.64 provide for an evaluation of the 

Freezers in a manner so unrepresentative of their true energy consumption characteristics 

as to provide materially inaccurate comparative data. FSI's Freezers are not designed, 

constructed, or capable of maintaining the -15 OF testing temperature required by DOE 
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test procedures. The TDA-based formula in the test procedures fails to account for the 

increased volume of certain freezers with variation in the depth of certain freezers. 

A. FSI's Freezers are not designed to operate at -15 of, and measuring the 

models' energy consumption while at this temperature would provide data 

unrepresentative of their true energy consumption. 

The uniform test methods for measuring the energy consumption of commercial icecream freezers2 require the measurement of daily energy consumption while operating at 

- 15 of. 10 C.F.R. §431.64(b)(2)(vii). FSI's Freezers are not designed, constructed, or 

capable of maintaining a-IS of temperature. FSI's Freezers, as confirmed by the 

manufacturers, are designed to operate at 0 OF (-18 °C).3 

Testing FSI's Freezers at - 15 ° F strains the compressor, forcing it to operate 

continuously in an uncharacteristic manner, leading to inaccurate energy consumption 

data of a Freezer intended to operate at 0 OF (-18°C). Consequently, the current test 

procedures provide unrepresentative data by which to assess FSI's Freezers in a fair and 

comparative manner. 

The Freezers are designed to maintain the frozen state of an already frozen product, not to 

lower the temperature of non-frozen products to the 0 of to -5 of operating temperature. 

B. The TDA-based formula that DOE established to test commercial ice-cream 

freezers fails to account for a variance in freezer volume associated with 

depth. 

The formula that DOE employs to determine the energy conservation standard for icecream freezers is based on the total display area (TDA) of the unit. 10 C.F.R. §§ 

431.66(a)(3), (d)(1). This approach relies solely on the cross sectional area of the unit 

and fails to account for increased depth/volume of certain freezers, such as FSI's 

Freezers.4 This additional capacity necessitates additional energy consumption to cool 

2 Technically, FSI's Freezers do not conform to DOE's definition of "ice-cream freezer." The regulations 

define "ice-cream freezer" as a "commercial freezer that is designed to operate at or below -5 of (-21°C) 

and that the manufacturer designs, markets, or intends for the storing, displaying, or dispensing of ice 

cream." 10 C.F.R. § 431.62. As mentioned above, FSI's Freezers are designed to operate at 0 OF (-18 

0c). They do not meet the precise definition of ice-cream freezers and instead more closely resemble the 

standard for low temperature (freezers) that specifies a 0 OF temperature for testing. See Energy 

Conservation Program for Commercial and Industrial Equipment: Energy Conservation Standards for 

Commercial Ice-Cream Freezers; Self-Contained Commercial Refrigerators, Commercial Freezers, and 

Commercial Refrigerator-Freezers Without Doors; and Remote Condensing Commercial Refrigerators, 

Commercial Freezers, and Commercial Refrigerator Freezers, 74 Fed. Reg. 1,092, 1,104, Table IV-4 (Jan. 

9, 2009) (to be codified at 10 C.F.R. pt. 431). 

3 See Attachment A, certifications from the manufacturers that the Freezers are designed to operate at 0 OF 

(-18°C). 

4 See Attachment C, a schematic of FSI step bottom freezers with calculations. 
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 26015 


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the larger space. DOE's current approach, which is dependent on the TDA, penalizes 

freezers with greater depths by requiring them to meet the same efficiency requirements 

of lower volume models. The standards currently apply the same formula to freezers 

with different volumes. This results in such unrepresentative data of the Freezer's true 

energy consumption characteristics as to provide materially inaccurate comparative data. 

Consequently, FSI requests that DOE grant a waiver from the test procedures for the 

measurement of energy consumption of commercial refrigerators, freezers, and 

refrigerator-freezers at lO C.F.R. § 431, in accordance with the proposed test procedures 

outlined in section IV, below. 

IV. Alternative procedures known to FSI to evaluate the characteristics of the 

Freezers in a manner representative of their energy consumption. 

FSI has done extensive research and consultations with the manufacturer, including 

review of the ASHRAE and AHI standards. Based on information provided by the 

manufacturer, FSI recommends the following procedures to test the Freezers in a 

representative manner and in accordance with their design parameters: 

1. The test should be conducted at an average temperature of 0 of (-18°C) pursuant 

to manufacturer design specifications. 

2. The requirement that the volume of the freezer be filled 80% with product should 

be modified to specifY that all fill products must be pre-frozen to 0 of or colder. 

3. To compensate for the depth and bottom contours of the freezer, the energy 

consumption measured should include an adjustment factor to account for added 

depth/volume not reflected in the TDA. For example, SCFlO94 could be 

multiplied by 72% to account for increased volume over flat bottom freezers and 

correspondent smaller volumes despite the same TDA. 

4. The freezer temperature should be stabilized to observe compressor cycling 

before the test is initiated. 

5. Assure proper calculation ofTDA by the laboratory conducting the test 

procedures.5 

A. The test should be conducted at an average temperature of 0 of (-18 °C) 

pursuant to manufacturer design specifications. 

5 See, e.g., Attachment D, a submittal on the TDA calculation from the manufacturer for model SCF 1 094. 
26016 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 


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DOE's use of -15 OF as a temperature test is not appropriate because the definition of 

"ice-cream freezer" is overly narrow. In its 2009 rulemaking adopting the energy 

conservation standards for commercial ice-cream freezers, DOE acknowledged that there 

are similar freezers for many different applications, including specific cabinets for the 

hardening of ice cream, which do need to operate at these colder temperatures.6 DOE 

also acknowledged the differences between freezers intended to pull frozen products 

down to temperature and storage freezers, but chose -15 OF as the temperature for all 

testing. However, freestanding cabinets from most of the manufacturers of free-standing 

commercial freezers operate at temperatures warmer than -15 of. Designing for -15 OF 

would result in freezers with thicker walls and larger compressors. These design changes 

would result in retailers purchasing freezers of a greater size (for a fixed amount of 

product), resulting in higher industry costs and overall greater use of energy. 

Additionally, ARI Standard 1200,2006, which DOE frequently references in its 

rulemaking process, further supports the use of a test temperature of 0 of. In its 

definition of ice-cream applications in Section 3.14.1, ARI specifies that the product 

temperature for ice-cream applications is 0.0 OF ±2 OF.? 

B. Assure all fill material is pre-frozen to 0 OF to - 5 OF. 

The Freezers are designed for the storage of already frozen ice-cream at serving 

temperatures, primarily between 0 OF and -5 OF. None of these Freezers are ~d to 

freeze products that are not already frozen. The use and care manual for the _ 

freezers states that "[t]he appliance is not suitable for freezing products, but meant as a 

storage unit for pre-frozen products." As such, the requirement that the volume of the 

freezer be filled 80% with product should be modified to specify that all fill products 

must be pre-frozen to 0 OF or colder. 

C. The formula, which relies solely on TDA, should be adjusted to account 

for variations in freezer depths/volumes. 

The TDA-centric formula should be adjusted to account for varying freezer volumes. 

The formula used for setting maximum temperature usage for product class HCT -SC.I of 

0.56 X TDA + 0.43 results in the same permissive usage of energy for any freezer with 

the same cross sectional display area, whether the freezers were shallow inside (as are 

some with flat bottoms) or extra deep (as are all of those in this waiver petition). 

674 Fed. Reg. at 1,103. 

7 Air-Conditioning and Refrigeration Institute, STANDARD FOR PERFORMANCE OF COMMERCIAL 

REFRIGERATED DISPLAY MERCHANDISERS AND STORAGE CABINETS: STANDARD 1200 3 (2006) 

("Commercial Refrigerated Display Merchandisers and Storage Cabinets intended for Ice Cream 

Application shall have an Integrated Average Temperature of all test package averages of 0.0 OF ± 2 OF ."). 
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 26017 


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All self-contained horizontal storage freezers contain a compressor, which is generally 

mounted on one side of the freezer near the bottom. Some manufacturers place the inner 

"floor" of the freezer at a level flat across the top of the compressor housing. This is 

simpler and cheaper to manufacture because it requires only a rectangular inner cabinet. 

This construction has the same total display area as more expensive freezers that provide 

for a compressor step. Flat bottom freezers have a smaller volume, allowing for 

manufacture with smaller components, and thereby resulting in a lower price. All the FSI 

Freezers have a more expensive construction, which extends the interior to the floor 

(except for the compressor section). 

Because energy usage is a function of overall volume, rather than top cross sectional area, 

it is reasonable to incorporate an adjustment factor to properly account for deeper, more 

voluminous freezers. While FSI, as a small business, is not in a position to survey the 

entire industry, FSI can document, for example, that 28% of the volume of the SCF 1 094 

Freezer is below the compressor height step.s It would be justified to apply an 

adjustment factor to account for the 28% higher energy usage for that model as 

compared to a flat bottom freezer with the same TDAs. Under current regulation both 

freezers are subjected to the same allowed maximum energy usage because the TDAs are 

the same. 

D. Before initiating the test, stabilize the temperature and assure proper 

TDA application. 

The freezer temperature should be stabilized to observe compressor cycling before the 

test is initiated. All FSI Freezers are manually defrosted, and have no defrost cycle. 

Upon initial start-up, the Freezers will run continuously until the inner liner, components, 

air, and contents are at the design temperature. The freezer will then cycle on and off to 

maintain the set point temperature (default is 0 OF). Also, the test procedures should 

assure proper calculation ofTDA by the laboratory conducting the test procedures.9 

CONCLUSIONS 

FSI respectfully requests DOE to waive the test procedures for commercial ice-cream 

freezers in lieu of a representative test as described above to provide a representative 

comparison of energy consumption. FSI's Freezers are not designed, constructed, or 

capable of maintaining the -15 of testing temperature required by DOE in the energy test 

procedures for the measurement of energy consumption of commercial ice-cream freezers 

at 10 C.F .R. § 431.64. FSI's Freezers are also designed to operate at a temperature 

higher than the temperature used by DOE to define commercial ice-cream freezers. 

Additionally, the current test procedures do not account for the wide variance in freezer 

volume. It is materially inaccurate to compare the energy consumption of FSI's Freezers 

to other shallower models with the same TDA because FSI's models must refrigerate 

8 The interior schematic and basis for the calculation is shown in Attachment C. 

9 See, e.g., Attachment D, the TDA calculation from the manufacturer for model SCFl 094. 
26018 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 


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28% more space. A more accurate test procedure would measure energy consumption in 

terms of the amount of energy used to refrigerate each cubic foot of interior space. For 

these reasons, FSI respectfully requests that DOE waive the test procedures at 10 C.F .R. 

§ 431.64 for FSI's Freezers. 

Respectfully submitted, 

Paul Storch, President 

Summit Appliance Div. Felix Storch, Inc. 

770 Garrison Ave. Bronx, NY 10474 USA 

PH. 718-893-3900 

FAX: 718-842-3093 

Mr. David Case 

U.S. D.O.E. 

Washington, DC 

ATTACHMENT A 

The following _ models, built by us in _ for Felix Storch, Inc all are 

designed to operate within the range of 0 degrees F to -5 degrees F and are designed only 

to display per-chilled contents: 

SCF694! SCF695S 

SCFI094! SCFI095S 

SCF1494! SCF1495S 

SCF1694! SCF1695S 

SCF1894!1895S 

Best regards 
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 26019 


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Mr. David Case 

U.S. D.O.E. 

Washington, DC 

SCF glass lid freezers 

Date 

31101/13 

The following models, built by _ for Felix Storch, Inc all are designed to 

operate within the range of +5 degrees F to -5 degrees F and are designed only to display 

per-chilled contents: 

SCF630 

SCF940 

SCF1310 

SCF17l0 

Yours faithfully 

ATTACHMENT B 

Manufacturers of Domestically Marketed Units of the Same Product Type 

Turbo Air 

1250 Victoria Street 

Carson CA 90746 

Model TGF-9 

Delfield (division of Manitowoc) 

980 S. Isabella Road 

Mt. PLeasant, Ml48858 

Model N227 

Atlas Metal Products 

1135 N.W. 159th Drive 

Miami, 33169 
26020 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 


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Models WDG-2 and WDF-3 

Kysor-Warren Division 

Heatcraft Worldwide Refrigeration 

5201 Transport Boulevard 

Columbus, GA 31907 

Model LDIDC 

Electro]ux Home Products 

PO Box 212378 

Augusta, GA 30917 

Frigidaire FCCG Series glass lid commercial freezers 

Manufacturing 

2001 East Terra Lane 

O'Fallon, MO 63366 

TFM series 

Masterbilt 

908 Highway 15 N. 

New Albany, MS 38652 

TDM8 
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 26021 


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ATTACHMENT C 

SLIDING GLASS LID COMMERCIAL FREEZERS 

I 

C I 

I 

I 

IE 

I 

t 

I 

I 

A:HEIGHTOFCO~SORS~ 

B; WIDTII OF COMPRESSOR STEP: 

C: HEIGHT TO LOAD LINE! 

D: INTERIOR wmlH 

FRONT VIEW 

9718INCImS 

81/4INCImS 

23 518 INelmS 

SCl'6lO 24 112 INCHES 

SCl'94{l 32 1M INCHES 

SCl'I310 45SI8INCIDlS 

SCl'17l0 57 112 INCHES 

E: tNTIllUOR DBi'TlIOF ALL UN1TS 19718 !Nama 

BXTElUORHmom: OF ALL MODELS 35114 INCImS 

MODEL NO. 

SCF630 TO SCF1710 

TYPE: SLID 

TOP 

FELIX ~ STORCH INC 

W'IrfW,$ummitappliance.oom 

(718) 893-3900 
26022 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 


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OVERALL AREA 

ATTACHMENT D 

SCF1094 CALCULATION OF AREA 

BELOW COMPRESSOR STEP 

(REFER TO DIAGRAM) 

F x H x G + (E F) x J x G 

28.98 x 29.53 x 21.1 + 7.87 x 19.69 x 21.1 

18,057 cubic inches + 3,270 cubic inches = 2 1,327/1728 = 12.3 cu ft 

AREA UNDER STEP 

Fx(H J)xG 

28.98 x 9.84 x 21.1 6017 cubic inches 3.482 cu ft 

3.482112.3 28.3 % 
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 26023 

[FR Doc. 2013–10480 Filed 5–2–13; 8:45 am] 

BILLING CODE 6450–01–C 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER10–1569–002; 

ER12–21–006; ER10–2783–004; ER10– 

2784–004; ER11–2855–006; ER10–2791– 

004; ER10–2792–004; ER10–1564–003; 

ER10–1565–003; ER10–2795–004; 

ER10–2798–004; ER10–1575–002; 

ER10–2799–004; ER10–2801–004; 

ER11–3727–003; ER10–1566–003; 

ER12–2413–002; ER11–2062–003; 

ER10–2812–003; ER10–1291–004; 

ER10–2843–002; ER11–4307–003; 

ER12–1711–003; ER10–2846–004; 

ER12–261–002; ER10–2871–002; ER13– 

1136–001; ER10–2875–004; ER10–1568– 

003; ER10–1581–005; ER10–2876–004; 

ER10–2878–004; ER10–2879–004; 

ER10–2880–004; ER10–2888–004; 

ER10–2896–004; ER10–2913–004; 

ER10–2914–004; ER10–2916–004; 

ER10–2915–004; ER12–1525–003; 

ER12–2019–002; ER12–2398–002; 

ER10–1582–002; ER11–3459–002; 

ER10–2931–004; ER10–2969–004; 

ER11–4308–003; ER10–1580–005; 

ER11–2856–006; ER11–2857–006; 

ER10–2947–004; ER11–2504–002; 

ER11–2505–002; ER11–2864–002; 

ER11–2506–002; ER11–2508–002; 

ER12–2137–002; ER11–2510–002; 

ER12–2545–002; ER11–2863–002; 

ER11–2854–002; ER11–2513–002; 

ER11–2515–002; ER11–2742–002; 

ER11–2784–002; ER11–2805–002; 

ER10–3143–004. 

Applicants: NRG Power Marketing 

LLC, Agua Caliente Solar, LLC, Arthur 

Kill Power LLC, Astoria Gas Turbine 

Power LLC, Avenal Park LLC, Bayou 

Cove Peaking Power LLC, Big Cajun I 

Peaking Power LLC, Cabrillo Power I 

LLC, Cabrillo Power II LLC, Conemaugh 

Power LLC, Connecticut Jet Power LLC, 

Cottonwood Energy Company, LP, 

Devon Power LLC, Dunkirk Power LLC, 

EL Segundo Energy Center LLC, El 

Segundo Power, LLC, Energy 

Alternatives Wholesale, LLC, Energy 

Plus Holdings LLC, GenCon Devon LLC, 

GenCon Energy LLC, GenCon 

Middletown LLC, Green Mountain 

Energy Company, High Plains Ranch II, 

LLC, Huntley Power LLC, Independence 

Energy Group LLC, Indian River Power 

LLC, Ivanpah Master Holdings, LLC, 

Keystone Power LLC, Long Beach 

Generation LLC, Long Beach Peakers 

LLC, Louisiana Generating LLC, 

Middletown Power LLC, Montville 

Power LLC, NEO Freehold-Gen LLC, 

Norwalk Power LLC, NRG Energy 

Center Dover LLC, NRG Energy Center 

Paxton LLC, NRG New Jersey Energy 

Sales LLC, NRG Rockford LLC, NRG 

Rockford II LLC, NRG Solar Alpine LLC, 

NRG Solar Avra Valley LLC, NRG Solar 

Borrego I LLC, NRG Solar Blythe LLC, 

NRG Solar Roadrunner LLC, NRG 

Sterlington Power LLC, Oswego Harbor 

Power LLC, Reliant Energy Northeast 

LLC, Saguaro Power Company, A 

Limited Partnership, Sand Drag LLC, 

Sun City Project, Vienna Power LLC, 

GenOn Bowline, LLC, GenOn Canal, 

LLC, GenOn Chalk Point, LLC, GenOn 

Delta, LLC, GenOn Energy Management, 

LLC, GenOn Florida, LP, GenOn 

Kendall, LLC, GenOn Marsh Landing, 

LLC, GenOn Mid-Atlantic, LLC, GenOn 

Potomac River, LLC, GenOn Power 

Midwest, LP, GenOn REMA, LLC, 

GenOn West, LP, GenOn Wholesale 

Generation, LP, RRI Energy Services, 

LLC, Sabine Cogen, LP. 

Description: Notice of Non-Material 

Change in Status of NRG Power 

Marketing LLC, et al. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5186. 

Comments Due: 5 p.m. ET 5/15/01. 

Docket Numbers: ER13–388–002. 

Applicants: Sky River LLC. 

Description: Sky River LLC 

Amendment to Shared Facilities 

Agreement to Request Waiver to be 

effective 11/16/2012. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5153. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1143–001. 

Applicants: Essential Power OPP, 

LLC. 

Description: Amendment of March 21 

Filing to be effective 4/25/2013. 

Filed Date: 4/25/13. 

Accession Number: 20130425–5082. 

Comments Due: 5 p.m. ET 5/16/13. 

Docket Numbers: ER13–1144–001. 

Applicants: Essential Power Rock 

Springs, LLC. 

Description: Amendment of March 21 

Filing to be effective 4/25/2013. 

Filed Date: 4/25/13. 

Accession Number: 20130425–5081. 

Comments Due: 5 p.m. ET 5/16/13. 

Docket Numbers: ER13–1327–000. 

Applicants: Public Service Company 

of Colorado. 

Description: 2013–4– 

24_WestConnect_ 

Remove_Term_Date to be effective 7/1/ 

2013. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5086. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1328–000. 

Applicants: Arizona Public Service 

Company. 

Description: ANPP Hassayampa 

Switchyard Interconnection Agreement, 

Amendment 2 to be effective 2/28/2013. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5097. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1329–000. 

Applicants: AEP Texas Central 

Company. 

Description: TCC–LCRA Transmission 

Services IA Amend #5 to be effective 3/ 

27/2013. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5135. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1330–000. 

Applicants: AEP Texas Central 

Company. 

Description: TCC-Pedernales Electric 

Cooperative IA Cancellation to be 

effective 2/20/2013. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5154. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1331–000. 

Applicants: ALLETE, Inc. 

Description: Filing of Facilities 

Construction Agreement to be effective 

4/24/2013. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5155. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1332–000. 

Applicants: Canadian Hills Wind, 

LLC. 

Description: Canadian Hills Wind, 

LLC Rate Schedule FERC No. 2 to be 

effective 6/24/2013. 

Filed Date: 4/25/13. 

Accession Number: 20130425–5000. 

Comments Due: 5 p.m. ET 5/16/13. 

Docket Numbers: ER13–1334–000. 

Applicants: Power Network New 

Mexico, LLC. 

Description: Power Network New 

Mexico MBRA Cancellation to be 

effective 4/26/2013. 

Filed Date: 4/25/13. 

Accession Number: 20130425–5015. 

Comments Due: 5 p.m. ET 5/16/13. 

Docket Numbers: ER13–1335–000. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: Original Service 

Agreement No. 3519; Queue No. X4–046 

to be effective 3/28/2013. 

Filed Date: 4/25/13. 

Accession Number: 20130425–5046. 

Comments Due: 5 p.m. ET 5/16/13. 

Docket Numbers: ER13–1336–000. 

Applicants: Public Service Company 

of New Mexico. 

Description: Concurrence with APS 

Service Agreement No. 193 to be 

effective 2/28/2013. 


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