EquiPower Resources Management, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization, 25234-25235 [2010-10803]
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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
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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,
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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
E:\FR\FM\07MYN1.SGM
07MYN1
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
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 https://
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
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19:19 May 06, 2010
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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 https://
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
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
25235
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 https://
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.
E:\FR\FM\07MYN1.SGM
07MYN1
]]>Agencies
[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Pages 25234-25235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10803]
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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
[[Page 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 https://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
