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..................................................... Christopher To: Brenda Edwards-Jones/EE/DOE@DOE Calamita@Exchange cc: Subject: CEC e-mails 06/04/2007 04:47 PM 0 Federal Record Not a Federal Record
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<<RE California Clothes Washer Petition (EE-RM-PET-100) 2.txt>> <<RE Heads-Up re Litigation on Clothes Washer Waiver Petition.txt>> <<RE California Clothes Washer Petition (EE-RM-PET-100).txt>> <<RE California RCW Petition Request for Reconsiderationtxt>> <<RCW Request for Reconsideration.txt>> <<Heads-Up re Litigation on Clothes Washer Waiver Petition.txt>> This electronic message transmission contains information which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you have received this electronic transmission in error, please notify the sender immediately.

RE Calilornia Clothes Washer Petition (EE-RM-PET-1 00) 2.1st RE Heads-Up re Litigation on Clothes Washer Waiver Petitiorr.txt

RE California Clothes Washer Petition (EE-RM-PET-1 00).tet RE Calilornia RCW Petition Request br Reconsideration.tat

RCW Request for Reconsideration.brb Heads-Up re Litigation on Clothes Washer Waiver Petition.tat

# #94

----- RE California Clothes washer Petition (EE-RM-PET-100) 2 From: Calamita, Christopher Sent: Wednesday, January 10, 2007 6:02 PM To: 'Jonathan Blees' Cc: Bryan.Berringeree.doe.gov; Pinto, Francine Subject: RE: California Clothes washer Petition (EE-RM-PET-100) Dear Mr. Blees, In response to your questions

-- 1) Three copies would be preferred. Also, I recommend e-mailing me, Brian Berringer, and Francine Pinto an electronic copy. 2) Delivery is due by the end of regular business hours. Regular business hours are established in 10 CFR sec. 430.42(a)(d)(4) as from 8:30 a.m. to 4:30 p.m. A courier will be required to check through security. The length of time this process takes depends on how busy security is. we typically recommend that to ensure timely delivery, couriers arrive an hour before the close of business. Please let me know if you have any additional questions. Chris Calamita Attorney-Advi sor office of General Counsel Fossil Energy and Energy Efficiency U.S. Department of Energy (202) 586-1777
Original Message From: Jonathan Blees [mailto:Jblees@energy.sta-te.ca.us] Sent: Wednesday, January 10, 2007 1:14 PM To: Bryan.Berringer@ee.doe.gov; Calamita, Christopher; Pinto, Francine Cc: Chester Hong; Michael Doughton; Muoi-Lynn Tran; William Staack Subject: California Clothes Washer Petition (EE-RM-PET-100) Gentl epeopl e, The Energy Commission intends to submit a request for reconsideration on January 29. We'll probably have it hand-delivered by courier, so we've got a couple of questions: 1. How many copies? The Dec. 28 FedReg suggests just the original (it says the original for mail service and is silent about couriers) . is that really all you want? 2. What time of day is the delivery due? And how long will it take our courier to get from the sidewalk at 1000 Independence to Room 1J-018? Thanks for your help. Please "reply all' so my cc'd colleagues will get the info without having to wait for me to pass it on to them. Thanks.

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# #94

----- RE California Clothes washer Petition (EE-RM-PET-100) From: calamita, Christopher Sent: Friday, January 26, 2007 10:54 AM To: 'Chester Hong' Cc: bryan.berringer@ee.doe.gov Subject: RE: California clothes washer Petition (EE-RM-PET-100)

Dear Mr. Hong, Typically we require an original signature to accompany a petition for reconsideration. However, a copy with the original signature can be sent via the mail (or delivery service) immediately following submission of the scanned version. We will consider the date that the scanned version is received as the date of submission, so long as an original signed copy is received within a reasonable time thereafter. Please let me know if you have any additional questions. Sincerely, Chris Calamita Attorney-Advi sor Office of General Counsel Fossil Energy and Energy Efficiency U.S. Department of Energy Original Message From: Chester Hong [mailto:Chong@energy.state.ca.us] Sent: Thursday, January 25, 2007 6:31 PM To: bryan.berringer@ee.doe.gov; Calamita, Christopher Cc: Muoi-Lynn Tran Subject: Re: California Clothes Washer Petition (EE-RM-PET-100) Importance: High High Priority Hello Mr. Calamita & Berringer, We are planning to e-mail the filing to a courier service in Washington D.C. to serve the filing at DOE on 1/29/07, Monday. My question is: on the filing, do you require a original signature or is a scanned signature ok. Please advice. Thank you, CHESTER HONG Legal Assistant Chief counsel's office California Energy Commission 1516 9th Street, MS-14 Sacramento, CA 95814 Phone: (916) 654-3951

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# #94 RCW Request for Reconsideration From: Jonathan Blees [Jb1eesenergy.state.ca.us] Sent: Monday, January 29, 2007 7:09 PM To: Michael .McCabe@EE.DOE.GOV Cc: Bryan.Berringerc'ee.doe.gov; California.Petition@ee.doe.gov; Calamita, Christopher; Pinto, Francine Subject: RCW Request for Reconsideration Attachments: Reconsi d-Request-FINAL-01-29-07. pdf Sorry, Mike. I wanted to wait until we got confirmation from the courier that it had indeed been filed before sending copies . . . and then I got caught up in meetings . . . and well, you know the drill. Anyway, here 'tis.

<<<

>>> <Michael .McCabe@EEDOE.GOV> 01/29/07 11:21 AM >>> Jonathan, I received your filing of "California's Request for Reconsideration." The cover letter indicates that cc's are being sent to a number of individuals at their email address. Is this correct? I have not, for example, received an email copy. it would be helpful for me to have an electronic copy. Michael J. McCabe Building Technologies Program Energy Efficiency and Renewable Energy Department of Energy phone

- (202) 586-9155 fax

- (202) 586-5163

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# #94

----- RE California RCW Petition Request for Reconsideration From: Calamita, Christopher Sent: Thursday, March 01, 2007 6:47 PM To: 'Jonathan Blees' Cc: Bryan.Berringer@eedoe.gov; Michael .Mccabe@ee.doe.gov; Pinto'hq.doe.gov; Lewis, Ronald; Oliver, Lawrence; Belmar, Warren Subject: RE: California RCW Petition * Request for Reconsideration Jonathan

- Under 10 CFR 430.48(c), if DOE fails to take action on a request for reconsideration within thirty days, the request is deemed denied. The thirty day period for the California request lapsed February 28th, and to date DOE has not taken action. Let me know if you have any additional questions. Chris Calamita Attorney-Advi sor Office of General Counsel Fossil Energy and Energy Efficiency U.S. Department of Energy
Original Message From: Jonathan Blees [mailto:Jblees@energy.state.ca.us] Sent: Thursday, March 01, 2007 6:03 PM To: Bryan.Berringer@ee.doe.gov; Michael .McCabe@ee.doe.gov; Calamita, Christopher; Pi nto@hq . doe. gov Subject: California RCW Petition Request for Reconsideration Importance: High

** High Priority Gentlepeople, We have neither seen anything in the Federal Register nor heard from you, so it looks like DOE is denying the request by operation of law under 10 CFR section 430.48(c), by taking no action. Yes? Thanks.

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# #94 Heads-Up re Litigation on Clothes Washer Waiver Petition From: Jonathan Blees [Jblees@energy.state.ca.us] Sent: Wednesday, April 18, 2007 3:29 PM To: Bryan.Berringer@ee.doe.gov; Michael .Mccabe@ee.doe.gov; Calamita, Christopher; Pinto, Francine; Thomas.DePriest@hq.doe.gov Cc: Michael Doughton; William Staack Subject: Heads-Up re Litigation on Clothes washer Waiver Petition Genti epersons, Sometime this week the CEC is going to bring suit in the 9th Circuit, challenging DOE's denial of our clothes washer waiver petition. We'll also send a 60-day notice letter under 42 U.S.C. sec. 6305(b)(2), advising DOE of our intent to bring suit in district court. Please contact me if you have any questions. Also, I'd appreciate knowing the contact info for the U.S. attorneys who will be handling the litigation, as soon as you know them. Thanks. Jonathan Blees

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# #94

----- RE Heads-Up re Litigation on Clothes washer Waiver Petition From: Calamita, Christopher Sent: Thursday, April 19, 2007 4:53 PM To: 'Jonathan Blees' Cc: Hughes, David; Pinto, Francine; Bryan.Berringer@ee.doe.gov; Michael

.McCabe@ee

.doe

.gov Subject: RE: Heads-Up re Litigation on Clothes Washer Waiver Petition
Jonathan, We appreciate the advanced notice. At this time we do not know who is assigned to the case. ChrisOriginal Message From: Jonathan Blees [mailto:Jblees@energy.state.ca.us] Sent: Wednesday, April 18, 2007 3:29 PM To: Bryan.Berringer@ee.doe.gov; Michael .McCabectee.doe.gov; Calamita, Christopher; Pinto, Francine; Thomas.DePriest@hq.doe.gov Cc: Michael Doughton; William Staack Subject: Heads-Up re Litigation on Clothes Washer Waiver Petition Gentl epersons, Sometime this week the CEC is going to bring suit in the 9th Circuit, challenging DOE's denial of our clothes washer waiver petition. We'll also send a 60-day notice letter under 42 U.S.C. sec. 6305(b)(2), advising DOE of our intent to bring suit in district court. Please contact me if you have any questions. Also, I'd appreciate knowing the contact info for the U.S. attorneys who will be handling the litigation, as soon as you know them. Thanks. Jonathan Blees

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