25234 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 

procedure prescribed at 10 CFR 

430.23(n) and contained in 10 CFR part 

430, subpart B, appendix N require 

AFUE testing of boilers with an inlet 

water temperature of 140 °F and an 

outlet water temperature of 120 °F. DOE 

could, however, consider modifications 

to the test conditions in the AFUE test 

as part of a separate rulemaking 

proceeding if DOE had data showing 

different test conditions were more 

appropriate. 

Even though PB’s Petition for Waiver 

requested permission to report 

information supplemental to AFUE 

rather than to only report different data 

expected to be more representative than 

AFUE, PB asserted that the DOE test 

procedure generates results that are so 

unrepresentative of the true energy 

consumption characteristics of its basic 

models as to provide materially 

inaccurate comparative data. 

After subsequent inquiry concerning 

PB’s assertion and in light of the above, 

DOE has determined that the PB boilers 

in question can and do operate at the 

higher water temperatures specified in 

the DOE test procedure. PB did not state 

that its units are incapable of operating 

at higher water temperatures; DOE 

understands the units are neither 

shipped with an add-on component nor 

equipped with an integral part that 

precludes operation at higher water 

temperatures. As stated earlier in this 

Decision and Order, system water 

temperatures are a function of many 

factors unrelated to the unit itself and 

can range significantly. In the absence of 

outdoor temperature reset, the incoming 

water temperatures can vary greatly 

depending on heating load, installation, 

and other factors. Thus, because the PB 

boilers can operate at the temperatures 

specified in the existing DOE test 

procedures, it is appropriate to test at 

those temperatures when rating the 

unit’s AFUE. Testing in this manner 

provides a steady-state test condition 

that generates results that can be 

compared across a range of products 

and manufacturers. PB has provided no 

evidence to suggest that the existing test 

procedure generates results that are 

either inaccurate or are not 

representative when testing is 

conducted at the higher temperatures 

specified in the test procedure. 

Therefore, a waiver is not appropriate, 

which in turn provides no basis for 

granting an alternative test procedure. 

The PB Petition for Waiver has raised 

a legitimate issue of whether the DOE 

test procedure would benefit from 

amendments to test and rate the 

performance of boilers at lower water 

input and output temperatures, as well 

as the efficiency effects of various 

controls for those products. PB has 

suggested that results generated at lower 

water temperature conditions would be 

more typical of the specified models’ 

performance, although it did not state 

that its products would be unable to be 

tested using DOE’s test procedure or to 

meet the energy conservation standard 

when testing is conducted at the higher 

water temperatures specified in the 

existing DOE test procedure for 

residential boilers. However, given their 

potential complexity, DOE believes that 

such issues should be addressed in the 

context of a rulemaking with the 

opportunity for public notice and 

comment. The results of such 

rulemaking would apply on an industrywide basis, thereby resulting in no 

advantage or disadvantage to any 

particular manufacturer. DOE may 

consider potential amendments to the 

test procedure regarding testing the 

energy efficiency of condensing boilers 

at lower water temperatures as part of a 

future rulemaking. 

In the meantime, DOE points out that 

PB and similarly situated manufacturers 

may make supplemental statements 

regarding the energy efficiency of their 

boilers (e.g., on marketing materials, 

Web sites), provided that they continue 

to disclose the AFUE result generated 

using the DOE test procedure. Such 

supplemental results must not mislead 

the consumer and must be clearly 

distinguished from the AFUE results. 

With that said, DOE notes that it has 

examined ASHRAE Standard 103–2003 

(Public Review Draft) and believes it to 

be generally adequate for the 

supplemental testing purposes 

envisioned by PB, provided that the 

significance of LWTSE results are 

explained and clearly differentiated 

from AFUE results, so as to prevent 

consumer confusion in the marketplace. 

Since LWTSE test conditions promote 

condensing operation, DOE would 

caution, in the interest of consumer 

safety, that units tested accordingly, and 

advertised with a LWTSE, be 

appropriately designed or equipped to 

contend with potential corrosion issues 

which are typically associated with 

condensates produced from lowtemperature flue gases. Accordingly, 

nothing currently prevents PB (or any 

other manufacturer) from reporting lowwater-temperature test results for the 

boilers in question, along with the 

required AFUE results in marketing or 

other informative materials for 

consumers. DOE suggests any 

manufacturer that wishes to show the 

LWTSE values in addition to the AFUE 

values clearly distinguish the 

differences between the two tests, 

including the different operating 

characteristics, for consumers. DOE 

notes, however, that such supplemental 

information could not be placed on the 

product’s Energy Guide label, because 

the FTC’s regulations limit such 

information to results generated under 

the DOE test procedure. 

Consultations With Other Agencies 

DOE consulted with the FTC staff 

concerning the PB Petition for Waiver. 

The FTC staff did not have any 

objections to the decision to deny a 

waiver to PB. 

Conclusion 

After careful consideration of all the 

materials submitted by PB and 

consultation with the FTC staff, for the 

reasons above, it is ordered that: 

(1) The ‘‘Petition for Waiver’’ filed by 

PB Heat, LLC (PB) (Case No. WAV– 

0140) is hereby denied for the reasons 

discussed above; and 

(2) PB shall be required to test or rate 

the AFUE of its residential PO–50, PO– 

60, PO–63, and PO–73 oil-fired boilers 

on the basis of the current test 

procedure contained in 10 CFR 

430.23(n) and 10 CFR part 430, subpart 

B, appendix N. 

PB may conduct LWTSE testing and 

report the results in product literature 

(other than supplementation of the 

certification label), provided that the 

AFUE test results generated under the 

DOE test procedure continue to be 

disclosed and that the LWTSE results 

provide reasonable, clear, and 

distinguishable representations of those 

results to the consumer. 

Issued in Washington, DC, on April 30, 

2010. 

Cathy Zoi, 

Assistant Secretary, 

Energy Efficiency and Renewable Energy. 

[FR Doc. 2010–10815 Filed 5–6–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER10–1089–000] 

EquiPower Resources Management, 

LLC; Supplemental Notice That Initial 

Market-Based Rate Filing Includes 

Request for Blanket Section 204 

Authorization 

April 29, 2010. 

This is a supplemental notice in the 

above-referenced proceeding of 

EquiPower Resources Management, 

LLC’s application for market-based rate 

authority, with an accompanying rate 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 25235 

tariff, noting that such application 

includes a request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is May 19, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding are accessible in the 

Commission’s eLibrary system by 

clicking on the appropriate link in the 

above list. They are also available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an eSubscription link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov. or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–10803 Filed 5–6–10; 8:45 am] 

BILLING CODE 6717–01–P 

FEDERAL ENERGY REGULATORY 

COMMISSION 

[Docket No. ER10–1110–000] 

Mint Energy LLC; Supplemental Notice 

That Initial Market-Based Rate Filing 

Includes Request for Blanket Section 

204 Authorization 

April 29, 2010. 

This is a supplemental notice in the 

above-referenced proceeding of Mint 

Energy LLC’s application for marketbased rate authority, with an 

accompanying rate tariff, noting that 

such application includes a request for 

blanket authorization, under 18 CFR 

Part 34, of future issuances of securities 

and assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR Part 34, of 

future issuances of securities and 

assumptions of liability, is May 19, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding are accessible in the 

Commission’s eLibrary system by 

clicking on the appropriate link in the 

above list. They are also available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an eSubscription link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov. or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–10806 Filed 5–6–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER10–1109–000] 

Eagle Creek Hydro Power, LLC; 

Supplemental Notice That Initial 

Market-Based Rate Filing Includes 

Request for Blanket Section 204 

Authorization 

April 29, 2010. 

This is a supplemental notice in the 

above-referenced proceeding of Eagle 

Creek Hydro Power, LLC’s application 

for market-based rate authority, with an 

accompanying rate tariff, noting that 

such application includes a request for 

blanket authorization, under 18 CFR 

part 34, of future issuances of securities 

and assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is May 19, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC 

20426. 


jlentini on DSKJ8SOYB1PROD with NOTICES