Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 1474-1478 [2012-216]

Download as PDF 1474 Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices has entered into with the coal-fired Oklaunion Unit No. 1 near Vernon, [OE Docket No. EA–318–B] Texas and various wind farms in the Application To Export Electric Energy; state of Texas. The power and energy to be purchased by AEPEP will be surplus AEP Energy Partners, Inc. to the needs of the selling entities. AGENCY: Office of Electricity Delivery The existing international and Energy Reliability, DOE. transmission facilities to be utilized by ACTION: Notice of application. AEPEP have previously been authorized SUMMARY: AEP Energy Partners, Inc. by Presidential permits issued pursuant (AEPEP) has applied to renew its to Executive Order 10485, as amended. authority to transmit electric energy In addition to facilities determined by from the United States to Mexico DOE to be appropriate for open access pursuant to section 202(e) of the Federal transmission by third parties, AEPEP Power Act (FPA). was also authorized to export using DATES: Comments, protests, or motions small radial block-loaded facilities at to intervene must be submitted on or Redford and Presidio, Texas. before February 9, 2012. Procedural Matters: Any person ADDRESSES: Comments, protests, or desiring to be heard in this proceeding motions to intervene should be should file a comment or protest to the addressed to: Christopher Lawrence, application at the address provided Office of Electricity Delivery and Energy above. Protests should be filed in Reliability, Mail Code: OE–20, U.S. accordance with Rule 211 of the Federal Department of Energy, 1000 Energy Regulatory Commission’s (FERC) Independence Avenue SW., Rules of Practice and Procedures (18 Washington, DC 20585–0350. Because of delays in handling conventional mail, CFR 385.211). Any person desiring to become a party to these proceedings it is recommended that documents be should file a motion to intervene at the transmitted by overnight mail, by above address in accordance with FERC electronic mail to Christopher.Lawrence@hq.doe.gov, or by Rule 214 (385.214). Five copies of such comments, protests, or motions to facsimile to (202) 586–8008. intervene should be sent to the address FOR FURTHER INFORMATION CONTACT: provided above on or before the date Christopher Lawrence (Program Office) listed above. at (202) 586–5260, or by email to Christopher.Lawrence@hq.doe.gov. Comments on the AEPEP application to export electric energy to Mexico SUPPLEMENTARY INFORMATION: Exports of should be clearly marked with OE electricity from the United States to a Docket No. 318–B. An additional copy foreign country are regulated by the Department of Energy (DOE) pursuant to is to be filed directly with Jay E. Jadwin, sections 301(b) and 402(f) of the Chief Counsel, American Electric Power Department of Energy Organization Act Service Corporation, 155 W. Nationwide (42 U.S.C. 7151(b), 7172(f)) and require Blvd., Suite 500, Columbus, OH 43215 authorization under section 202(e) of AND Carolyn Y. Thompson, Jones Day, the FPA (16 U.S.C. 824a(e)). 51 Louisiana Avenue NW., Washington, On February 22, 2007 the Department DC 20001–2113. of Energy (DOE) issued Order No. EA– A final decision will be made on this 318, which authorized CSW Power application after the environmental Marketing to transmit electric energy impacts have been evaluated pursuant from the United States to Mexico for a to DOE’s National Environmental Policy five-year term using existing Act Implementing Procedures (10 CFR international transmission facilities. CSW Power Marketing changed its name Part 1021) and after a determination is made by DOE that the proposed action to AEPEP. On June 27, 2007, DOE rescinded Order No. EA–318 and issued will not have an adverse impact on the reliability of the U.S. electric power Order No. EA–318–A to AEPEP under the same terms and conditions as the supply system. previous authorization. That authority Copies of this application will be will expire on February 22, 2012. On made available, upon request, for public December 19, 2011, AEPEP filed an inspection and copying at the address application with DOE for renewal of the provided above, by accessing the export authority contained in Order No. program Web site at https://energy.gov/ EA–318–A for a ten-year term. node/11845 or by emailing Angela Troy The electric energy that AEPEP at Angela.Troy@hq.doe.gov. proposes to export to Mexico will be purchased on the wholesale market in addition to purchase agreements AEPEP mstockstill on DSK4VPTVN1PROD with NOTICES DEPARTMENT OF ENERGY VerDate Mar<15>2010 18:28 Jan 09, 2012 Jkt 226001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Issued in Washington, DC on January 4, 2012. Brian Mills, Director, Permitting and Siting, Office of Electricity Delivery and Energy Reliability. [FR Doc. 2012–217 Filed 1–9–12; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. RF–018; Case No. RF–019] Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Decision and Order. AGENCY: The U.S. Department of Energy (DOE) gives notice of the decision and order (Case Nos. RF–018, RF–019) that grants to Samsung Electronics America, Inc. (Samsung) a waiver from the DOE electric refrigerator and refrigerator-freezer test procedures for the basic models set forth in its petitions for waiver in Cases RF– 018 and RF–019. Under today’s decision and order, Samsung shall be required to test and rate these refrigerator-freezers using an alternate test procedure that takes their multiple defrost cycles into account when measuring energy consumption. SUMMARY: This Decision and Order is effective January 10, 2012. DATES: FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mailstop EE– 2J, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–9611, Email: Michael.Raymond@ee.doe.gov. Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–71, 1000 Independence Avenue SW., Washington, DC 20585– 0103, (202) 586–7796, Email: Elizabeth.Kohl@hq.doe.gov. In accordance with Title 10 of the Code of Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the issuance of its decision and order as set forth below. The decision and order grants Samsung a waiver from the applicable residential refrigerator and refrigerator-freezer test procedures in 10 CFR part 430, subpart B, appendix A1 for certain basic models of refrigerator-freezers with multiple SUPPLEMENTARY INFORMATION: E:\FR\FM\10JAN1.SGM 10JAN1 Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices defrost cycles, provided that Samsung tests and rates such products using the alternate test procedure described in this notice. Today’s decision prohibits Samsung from making representations concerning the energy efficiency of these products unless the product has been tested consistent with the provisions and restrictions in the alternate test procedure set forth in the decision and order below, and the representations fairly disclose the test results. Distributors, retailers, and private labelers are held to the same standard when making representations regarding the energy efficiency of these products. 42 U.S.C. 6293(c). Issued in Washington, DC, on January 3, 2012. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. mstockstill on DSK4VPTVN1PROD with NOTICES Decision and Order In the Matter of: Samsung Electronics America, Inc. (Case Nos. RF–018, RF– 019). I. Background and Authority Title III, Part B of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94–163 (42 U.S.C. 6291– 6309, as codified) established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program covering most major household appliances, which includes the residential electric refrigerators and refrigerator-freezers that are the focus of this notice.1 Part B includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part B authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results which measure energy efficiency, energy use, or estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for residential electric refrigerators and refrigerator-freezers is set forth in 10 CFR part 430, subpart B, appendix A1. DOE’s regulations for covered products contain provisions allowing a person to seek a waiver from the test procedure requirements for a particular basic model for covered consumer products when (1) the petitioner’s basic model for which the petition for waiver was submitted contains one or more 1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. VerDate Mar<15>2010 18:28 Jan 09, 2012 Jkt 226001 design characteristics that prevent testing according to the prescribed test procedure, or (2) when prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(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 characteristics. 10 CFR 430.27(b)(1)(iii). The Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) may grant a waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(l). Waivers remain in effect pursuant to the provisions of 10 CFR 430.27(m). Any interested person who has submitted a petition for waiver may also file an application for interim waiver of the applicable test procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary will grant an interim waiver request if it is determined that the applicant will experience economic hardship if the 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 on the petition for waiver. 10 CFR 430.27(g). II. Samsung’s Petition for Waiver: Assertions and Determinations On January 27 and July 19, 2011, Samsung submitted petitions for waiver and applications for interim waiver (petitions) from the test procedures applicable to residential electric refrigerators and refrigerator-freezers set forth in 10 CFR part 430, subpart B, appendix A1. Samsung’s petitions were applicable to specified basic models of refrigerator-freezers that incorporate multiple defrost cycles. In its petitions, Samsung requested a waiver from the existing DOE test procedure applicable to refrigerators and refrigerator-freezers under 10 CFR part 430 because the existing test procedure does not account for multiple defrost cycles. Therefore, Samsung has asked to use an alternate test procedure that addresses defrost energy use and multiple defrost cycles in the same way as the new Appendix A test procedure DOE published in an interim final rule (75 FR 78810, Dec. 16, 2010) (codified at 10 CFR 430, Subpart B, Appendix A). Whirlpool commented in response to Samsung’s waiver petition that applying PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 1475 the second part of the interim final rule test to the fresh food defrost of one of these products results in an energy credit. Whirlpool’s waiver comments discussed the data from testing performed by the Canadian Standards Association that examined the energy consumption of a Samsung model that uses multiple defrost cycles—Samsung model No. RFG297AAPN. Whirlpool asserted that the test results are illogical because the energy use contribution of the fresh food compartment defrost is negative (i.e. an energy credit), and added that the energy use contribution of the freezer compartment defrost is underestimated. (Docket EERE–2011– BT–WAV–0017, Whirlpool, No. 4 at p. 4) Whirlpool recommended that the test period for the second (defrost) part of the test for the fresh food defrost should end at the end of the second compressor ‘‘on’’ cycle after defrost, and that such a change to the test procedure for the fresh food defrost only would increase the measured energy use of the product by 1.6 percent. After considering Whirlpool’s comments suggesting that DOE modify the second part of the test, DOE reopened the comment period on the interim final rule and specifically requested comment on this topic. 76 FR 57613–57614 (Sept. 15, 2011). Whirlpool commented on the interim final rule and, consistent with its comments on the Samsung waiver, stressed that the end of the second part of the test be moved so that it coincides with the end of a compressor ‘‘on’’ cycle. Whirlpool asserted that this change should be made for all defrosts, whether they are for fresh food compartments or freezer compartments. Whirlpool’s interim final rule comments did not explain how the suggested test period would result in more accurate test results. Instead, the comments stated that the ‘‘underlying principle when measuring the energy consumption of any product which operates in cycles is to measure from the same point in one cycle to the same point in a successor cycle,’’ and asserted that the test procedure of Appendix A set forth in the interim final rule measures from a compressor stop to a compressor start for products with cycling compressors. Whirlpool did not, however, provide any explanation supporting the measurement from a point in one cycle to the same point in a successor cycle. The comments stated that the negative energy use contribution (i.e., an energy credit) measured for the fresh food defrost of the Samsung product when using the Appendix A test period set forth in the interim final rule is not credible. As a E:\FR\FM\10JAN1.SGM 10JAN1 1476 Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices result, DOE reexamined the test period contained in the interim final rule to help determine a means to account for the observation noted by Whirlpool. More recently, DOE prepared an assessment demonstrating that a test period for the second part of the test both starting and ending at the end of a compressor ‘‘on’’ cycle is consistent with the full-cycle measurement specified for testing non-variable automatic defrost products. This document 2 shows mathematically that a calculation of energy use using the ‘‘section 4.2’’ 3 test period (‘‘full test period’’) matches the two-part calculation only when the second part of the test both starts and ends at the end of a compressor ‘‘on’’ cycle. On the other hand, the compartment temperature is at its typical steady-state cycling maximum (the higher horizontal line of the temperature plot of figure 1 of 10 CFR 430, subpart B, appendix A) when test period T2 ends. Hence, while the compartment temperature has recovered to the range within which it varies during steady state operation, it has not recovered to the temperature state associated with the start of the test period—i.e. the temperature is warmer than at the start of the test period. In order to allow recovery to the start-oftest-period temperature, the test period would have to continue until the end of the compressor ‘‘on’’ cycle. This analysis illustrates that the test period prescribed by the interim final rule for the second part of the test is unlikely to fully account for the energy use associated with temperature recovery. DOE concludes that the test period for the second part of the test specified in the interim final rule for products with cycling compressors and long-time or variable defrost may not accurately account for the energy use associated with defrost, which necessitates a change to enhance the accuracy of the measurement. DOE received no other comments on this topic during the comment periods for the test procedure interim final rule. In light of this new information, and its own review, DOE adopted the approach suggested by Whirlpool in its comments on the mstockstill on DSK4VPTVN1PROD with NOTICES RS26*T*** RSG257**** RF428***** RFG293**** RFG295**** RFG296**** RFG297**** RFG298**** RFG299**** RFG237**** RFG238**** RF4267**** RFG267**** RFG263**** RSG309**** RSG307**** RF263**** RFG29P**** DFSF9VKBWW DFSF9VKB**** GFSF6PKBBB DFSS9VKB**** RF266**** RF267**** RF268**** RF26X**** RB194**** RB195**** RB196**** RB197**** RB214**** RB215**** RB216**** RB217**** RF215**** RF217**** RF195**** RF197**** DFSS9VKBSS RFG29T**** DFSF9VKBBB GFSF6PKB**** GFSS6PKBSS Samsung waiver and interim final rule to help ensure the procedure in Appendix A provides a greater level of accuracy. DOE also adopts this approach as the alternate test procedure in this Decision and Order. III. Consultations With Other Agencies DOE consulted with the Federal Trade Commission (FTC) staff concerning the Samsung petition for waiver. The FTC staff did not have any objections to granting a waiver to Samsung. IV. Conclusion After careful consideration of all the material that was submitted by Samsung and consultation with the FTC staff, it is ordered that: (1) The petitions for waiver submitted by the Samsung Electronics America, Inc. (Case Nos. RF–018 and RF–019) are hereby granted as set forth in the paragraphs below. (2) Samsung shall be required to test and rate the following Samsung models according to the alternate test procedure set forth in paragraph (3) below. GFSF6KEX**** GFSF6KKY**** GFSL6KEX**** GFSL6KKY**** GFSS6KEX**** GFSS6KIX**** GFSS6KKY**** 592 6570* 592 6571* 401.4100**** 401.40483800 PFSF6PKX**** PFSS6PKX**** PFSS6SKX**** PFSS9PKY**** PFSS9SKY**** DFSS9VKBWW DFSS9VKBBB GFSS6PKB**** GFSF6PKBWW (3) Samsung shall be required to test the products listed in paragraph (2) above according to the test procedures for residential electric refrigeratorfreezers prescribed by DOE at 10 CFR part 430, appendix A1, except that, for the Samsung products listed in paragraph (2) only, include: 1. In section 1, Definitions, the following definition: ‘‘Defrost cycle type’’ means a distinct sequence of control whose function is to remove frost and/or ice from a refrigerated surface. There may be variations in the defrost control sequence such as the number of defrost heaters energized. Each such variation establishes a separate distinct defrost cycle type. However, defrost achieved regularly during the compressor ‘‘off’’ cycles by warming of the evaporator without active heat addition is not a defrost cycle type. 2. In section 4, Test Period, the following: 4.2.1 Long-time Automatic Defrost. If the model being tested has a long-time automatic defrost system, the two-part test described in this section may be used. The first part is a stable period of compressor operation that includes no portions of the defrost cycle, such as precooling or recovery, that is otherwise the same as the test for a unit having no defrost provisions (section 4.1). The second part is designed to capture the energy consumed during all of the events occurring with the defrost 2 ‘‘Refrigerator Test Procedure: Adjustments to Second Part of Test’’, No. 47 in the refrigerator test procedure rulemaking docket, which can be found at https://www.regulations.gov/#!docket Detail;dct=FR%252BPR%252BN%252BO %252BSR;rpp=10;po=0;D=EERE-2009-BT-TP-0003. 3 See section 4.2 of Appendix A or of Appendix A1. VerDate Mar<15>2010 18:28 Jan 09, 2012 Jkt 226001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1 Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices 1477 of the test. If any compressor cycles occur prior to the defrost heater being energized that cause the average temperature in either compartment to deviate from its average temperature for the first part of the test by more than 0.5 °F (0.3 °C), these compressor cycles are not considered regular compressor cycles and must be included in the second part of the test. As an example, a ‘‘precooling’’ cycle, which is an extended compressor cycle that lowers the temperature(s) of one or both compartments prior to energizing the defrost heater, must be included in the second part of the test. The test period for the second part of the test ends at the termination of the first regular compressor ‘‘on’’ cycle after both compartment temperatures have fully recovered to their stable conditions. The average temperatures of the compartments measured from this termination of the first regular compressor ‘‘on’’ cycle until the termination of the next regular compressor ‘‘on’’ cycle must both be within 0.5 °F (0.3 °C) of their average temperatures measured for the first part of the test. See Figure 1. 4.2.4 Systems with Multiple Defrost Frequencies. This section applies to models with long-time automatic or variable defrost control with multiple defrost cycle types, such as models with single compressors and multiple evaporators in which the evaporators have different defrost frequencies. The two-part method in 4.2.1 shall be used. The second part of the method will be conducted separately for each distinct defrost cycle type. 3. In section 5, Test Measurements, the following: 5.2.1.5 Long-time or Variable Defrost Control for Systems with Multiple Defrost cycle Types. The energy consumption in kilowatt-hours per day shall be calculated equivalent to: VerDate Mar<15>2010 18:28 Jan 09, 2012 Jkt 226001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1 EN10JA12.003</GPH> mstockstill on DSK4VPTVN1PROD with NOTICES control sequence that are outside of stable operation. 4.2.1.1 Cycling Compressor System. For a system with a cycling compressor, the second part of the test starts at the termination of the last regular compressor ‘‘on’’ cycle. The average temperatures of the fresh food and freezer compartments measured from the termination of the previous compressor ‘‘on’’ cycle to the termination of the last regular compressor ‘‘on’’ cycle must both be within 0.5 °F (0.3 °C) of their average temperatures measured for the first part Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Where: 1440 is defined in 5.2.1.1 and EP1, T1, and 12 are defined in 5.2.1.2; i is a variable that can equal 1, 2, or more that identifies the distinct defrost cycle types applicable for the refrigerator or refrigerator-freezer; EP2i = energy expended in kilowatt-hours during the second part of the test for defrost cycle type i; T2i = length of time in minutes of the second part of the test for defrost cycle type i; CTi is the compressor run time between instances of defrost cycle type i, for longtime automatic defrost control equal to a fixed time in hours rounded to the nearest tenth of an hour, and for variable defrost control equal to ˜ (CTLi × CTMi)/(F × (CTMı CTLi) + CTLi); CTLi = least or shortest compressor run time between instances of defrost cycle type i in hours rounded to the nearest tenth of an hour (CTL for the defrost cycle type with the longest compressor run time between defrosts must be greater than or equal to 6 but less than or equal to 12 hours); CTMi = maximum compressor run time between instances of defrost cycle type i in hours rounded to the nearest tenth of an hour (greater than CTLi but not more than 96 hours); For cases in which there are more than one fixed CT value (for long-time defrost models) or more than one CTM and/or CTL value (for variable defrost models) for a given defrost cycle type, an average fixed CT value or average CTM and CTL values shall be selected for this cycle type so that 12 divided by this value or values is the frequency of occurrence of the defrost cycle type in a 24 hour period, assuming 50% compressor run time. F = default defrost energy consumption factor, equal to 0.20. For variable defrost models with no values for CT Li and CTMi in the algorithm, the default values of 6 and 96 shall be used, respectively. D is the total number of distinct defrost cycle types. (4) Representations. Samsung may make representations about the energy use of its refrigerator-freezer products for compliance, marketing, or other purposes only to the extent that such products have been tested in accordance with the provisions outlined above and such representations fairly disclose the results of such testing. (5) This waiver shall remain in effect consistent with the provisions of 10 CFR 430.27(m). (6) This waiver is issued on the condition that the statements, representations, and documentary materials provided by the petitioner are VerDate Mar<15>2010 18:28 Jan 09, 2012 Jkt 226001 valid. DOE may revoke or modify this waiver at any time if it determines the factual basis underlying the petition for waiver is incorrect, or the results from the alternate test procedure are unrepresentative of the basic models’ true energy consumption characteristics. (7) This waiver applies only to those basic models set out in Samsung’s January 27 and July 19, 2011 petitions for waiver. Grant of this waiver does not release a petitioner from the certification requirements set forth at 10 CFR part 429. Issued in Washington, DC, on January 3, 2012. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2012–216 Filed 1–9–12; 8:45 am] BILLING CODE P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 Take notice that the Commission received the following electric corporate filings: Docket Numbers: EC12–55–000. Applicants: ConocoPhillips Company. Description: ConocoPhillips Company Application for Authorization for Disposition of Jurisdictional Facilities. Filed Date: 12/29/11. Accession Number: 20111229–5200. Comments Due: 5 p.m. ET 1/19/12. Take notice that the Commission received the following electric rate filings: Docket Numbers: ER00–3080–007. Applicants: Otter Tail Power Company. Description: Updated Market Power Analysis of Otter Tail Power Company. Filed Date: 12/30/11. Accession Number: 20111230–5214. Comments Due: 5 p.m. ET 2/28/12. Docket Numbers: ER10–1257–001; ER10–1258–001. Applicants: Wabash Valley Power Association, Inc., Wabash Valley Energy Marketing, Inc. Description: Wabash Valley Power Association, Inc., et al. submits Updated Market Power Analysis. Filed Date: 12/30/11. Accession Number: 20111230–5085. PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 Comments Due: 5 p.m. ET 2/28/12. Docket Numbers: ER10–1338–001. Applicants: Southern Indiana Gas and Electric Company. Description: Vectren Corporation submits its triennial market power update for SIGECO’s market-based rate authorization. Filed Date: 12/29/11. Accession Number: 20111230–0201. Comments Due: 5 p.m. ET 2/27/12. Docket Numbers: ER10–1484–002. Applicants: Shell Energy North America (US), L.P. Description: Updated Market Power Analysis of Shell Energy North America (US), L.P. for the Southeast Region. Filed Date: 12/29/11. Accession Number: 20111229–5202. Comments Due: 5 p.m. ET 2/27/12. Docket Numbers: ER10–1619–001; ER10–1620–002; ER10–1623–001; ER10–1625–002; ER12–60–001; ER10– 1632–001. Applicants: Tenaska Alabama II Partners, L.P., Tenaska Alabama Partners, L.P., Tenaska Georgia Partners, L.P., Tenaska Frontier Partners, Ltd., Tenaska Power Services Co., Tenaska Power Management, LLC. Description: Updated Market Power Analysis of Tenaska Alabama Partners, L.P., et al. Filed Date: 12/30/11. Accession Number: 20111230–5205. Comments Due: 5 p.m. ET 2/28/12. Docket Numbers: ER10–1790–005. Applicants: BP Energy Company. Description: BP Energy Company Submits Updated Market Power Analysis for Southeast Region. Filed Date: 12/29/11. Accession Number: 20111229–5193. Comments Due: 5 p.m. ET 2/27/12. Docket Numbers: ER10–2265–001; ER10–2791–002; ER10–2792–002; ER10–1643–001; ER10–2876–002; ER10–2931–002. Applicants: Cottonwood Energy Company LP, NRG Power Marketing LLC, Louisiana Generating LLC, Bayou Cove Peaking Power LLC, Big Cajun I Peaking Power LLC, NRG Sterlington Power LLC. Description: Updated Market Power Analysis of NRG Power Marketing LLC, et al. Filed Date: 12/30/11. Accession Number: 20111230–5203. Comments Due: 5 p.m. ET 2/28/12. Docket Numbers: ER10–2331–002; ER10–2343–002; ER10–2319–001; ER10–2332–001; ER10–2326–002; E:\FR\FM\10JAN1.SGM 10JAN1 EN10JA12.004</GPH> 1478

Agencies

[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1474-1478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-216]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-018; Case No. RF-019]


Decision and Order Granting a Waiver to Samsung From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedures

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case Nos. RF-018, RF-019) that grants to Samsung 
Electronics America, Inc. (Samsung) a waiver from the DOE electric 
refrigerator and refrigerator-freezer test procedures for the basic 
models set forth in its petitions for waiver in Cases RF-018 and RF-
019. Under today's decision and order, Samsung shall be required to 
test and rate these refrigerator-freezers using an alternate test 
procedure that takes their multiple defrost cycles into account when 
measuring energy consumption.

DATES: This Decision and Order is effective January 10, 2012.

FOR FURTHER INFORMATION CONTACT:
Dr. Michael G. Raymond, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Telephone: (202) 586-9611, Email: 
Michael.Raymond@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, 1000 Independence Avenue SW., Washington, DC 
20585-0103, (202) 586-7796, Email: Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Samsung a waiver from the applicable residential 
refrigerator and refrigerator-freezer test procedures in 10 CFR part 
430, subpart B, appendix A1 for certain basic models of refrigerator-
freezers with multiple

[[Page 1475]]

defrost cycles, provided that Samsung tests and rates such products 
using the alternate test procedure described in this notice. Today's 
decision prohibits Samsung from making representations concerning the 
energy efficiency of these products unless the product has been tested 
consistent with the provisions and restrictions in the alternate test 
procedure set forth in the decision and order below, and the 
representations fairly disclose the test results.
    Distributors, retailers, and private labelers are held to the same 
standard when making representations regarding the energy efficiency of 
these products. 42 U.S.C. 6293(c).

    Issued in Washington, DC, on January 3, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Samsung Electronics America, Inc. (Case Nos. RF-
018, RF-019).

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances, 
which includes the residential electric refrigerators and refrigerator-
freezers that are the focus of this notice.\1\ Part B includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. Further, Part B authorizes the Secretary of Energy to 
prescribe test procedures that are reasonably designed to produce 
results which measure energy efficiency, energy use, or estimated 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for residential electric 
refrigerators and refrigerator-freezers is set forth in 10 CFR part 
430, subpart B, appendix A1.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver from the test procedure requirements for a 
particular basic model for covered consumer products when (1) the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevent 
testing according to the prescribed test procedure, or (2) when 
prescribed test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(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 characteristics. 10 CFR 
430.27(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    Any interested person who has submitted a petition for waiver may 
also file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the 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 on the petition for waiver. 10 CFR 430.27(g).

II. Samsung's Petition for Waiver: Assertions and Determinations

    On January 27 and July 19, 2011, Samsung submitted petitions for 
waiver and applications for interim waiver (petitions) from the test 
procedures applicable to residential electric refrigerators and 
refrigerator-freezers set forth in 10 CFR part 430, subpart B, appendix 
A1. Samsung's petitions were applicable to specified basic models of 
refrigerator-freezers that incorporate multiple defrost cycles. In its 
petitions, Samsung requested a waiver from the existing DOE test 
procedure applicable to refrigerators and refrigerator-freezers under 
10 CFR part 430 because the existing test procedure does not account 
for multiple defrost cycles. Therefore, Samsung has asked to use an 
alternate test procedure that addresses defrost energy use and multiple 
defrost cycles in the same way as the new Appendix A test procedure DOE 
published in an interim final rule (75 FR 78810, Dec. 16, 2010) 
(codified at 10 CFR 430, Subpart B, Appendix A).
    Whirlpool commented in response to Samsung's waiver petition that 
applying the second part of the interim final rule test to the fresh 
food defrost of one of these products results in an energy credit. 
Whirlpool's waiver comments discussed the data from testing performed 
by the Canadian Standards Association that examined the energy 
consumption of a Samsung model that uses multiple defrost cycles--
Samsung model No. RFG297AAPN. Whirlpool asserted that the test results 
are illogical because the energy use contribution of the fresh food 
compartment defrost is negative (i.e. an energy credit), and added that 
the energy use contribution of the freezer compartment defrost is 
underestimated. (Docket EERE-2011-BT-WAV-0017, Whirlpool, No. 4 at p. 
4) Whirlpool recommended that the test period for the second (defrost) 
part of the test for the fresh food defrost should end at the end of 
the second compressor ``on'' cycle after defrost, and that such a 
change to the test procedure for the fresh food defrost only would 
increase the measured energy use of the product by 1.6 percent.
    After considering Whirlpool's comments suggesting that DOE modify 
the second part of the test, DOE reopened the comment period on the 
interim final rule and specifically requested comment on this topic. 76 
FR 57613-57614 (Sept. 15, 2011). Whirlpool commented on the interim 
final rule and, consistent with its comments on the Samsung waiver, 
stressed that the end of the second part of the test be moved so that 
it coincides with the end of a compressor ``on'' cycle. Whirlpool 
asserted that this change should be made for all defrosts, whether they 
are for fresh food compartments or freezer compartments.
    Whirlpool's interim final rule comments did not explain how the 
suggested test period would result in more accurate test results. 
Instead, the comments stated that the ``underlying principle when 
measuring the energy consumption of any product which operates in 
cycles is to measure from the same point in one cycle to the same point 
in a successor cycle,'' and asserted that the test procedure of 
Appendix A set forth in the interim final rule measures from a 
compressor stop to a compressor start for products with cycling 
compressors. Whirlpool did not, however, provide any explanation 
supporting the measurement from a point in one cycle to the same point 
in a successor cycle. The comments stated that the negative energy use 
contribution (i.e., an energy credit) measured for the fresh food 
defrost of the Samsung product when using the Appendix A test period 
set forth in the interim final rule is not credible. As a

[[Page 1476]]

result, DOE reexamined the test period contained in the interim final 
rule to help determine a means to account for the observation noted by 
Whirlpool.
    More recently, DOE prepared an assessment demonstrating that a test 
period for the second part of the test both starting and ending at the 
end of a compressor ``on'' cycle is consistent with the full-cycle 
measurement specified for testing non-variable automatic defrost 
products. This document \2\ shows mathematically that a calculation of 
energy use using the ``section 4.2'' \3\ test period (``full test 
period'') matches the two-part calculation only when the second part of 
the test both starts and ends at the end of a compressor ``on'' cycle.
---------------------------------------------------------------------------

    \2\ ``Refrigerator Test Procedure: Adjustments to Second Part of 
Test'', No. 47 in the refrigerator test procedure rulemaking docket, 
which can be found at https://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR;rpp=10;po=0;D=EERE-
2009-BT-TP-0003.
    \3\ See section 4.2 of Appendix A or of Appendix A1.
---------------------------------------------------------------------------

    On the other hand, the compartment temperature is at its typical 
steady-state cycling maximum (the higher horizontal line of the 
temperature plot of figure 1 of 10 CFR 430, subpart B, appendix A) when 
test period T2 ends. Hence, while the compartment temperature has 
recovered to the range within which it varies during steady state 
operation, it has not recovered to the temperature state associated 
with the start of the test period--i.e. the temperature is warmer than 
at the start of the test period. In order to allow recovery to the 
start-of-test-period temperature, the test period would have to 
continue until the end of the compressor ``on'' cycle. This analysis 
illustrates that the test period prescribed by the interim final rule 
for the second part of the test is unlikely to fully account for the 
energy use associated with temperature recovery.
    DOE concludes that the test period for the second part of the test 
specified in the interim final rule for products with cycling 
compressors and long-time or variable defrost may not accurately 
account for the energy use associated with defrost, which necessitates 
a change to enhance the accuracy of the measurement. DOE received no 
other comments on this topic during the comment periods for the test 
procedure interim final rule. In light of this new information, and its 
own review, DOE adopted the approach suggested by Whirlpool in its 
comments on the Samsung waiver and interim final rule to help ensure 
the procedure in Appendix A provides a greater level of accuracy. DOE 
also adopts this approach as the alternate test procedure in this 
Decision and Order.

III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Samsung petition for waiver. The FTC staff did not have 
any objections to granting a waiver to Samsung.

IV. Conclusion

    After careful consideration of all the material that was submitted 
by Samsung and consultation with the FTC staff, it is ordered that:
    (1) The petitions for waiver submitted by the Samsung Electronics 
America, Inc. (Case Nos. RF-018 and RF-019) are hereby granted as set 
forth in the paragraphs below.
    (2) Samsung shall be required to test and rate the following 
Samsung models according to the alternate test procedure set forth in 
paragraph (3) below.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
RS26*T***                  RF266****                  GFSF6KEX****
RSG257****                 RF267****                  GFSF6KKY****
RF428*****                 RF268****                  GFSL6KEX****
RFG293****                 RF26X****                  GFSL6KKY****
RFG295****                 RB194****                  GFSS6KEX****
RFG296****                 RB195****                  GFSS6KIX****
RFG297****                 RB196****                  GFSS6KKY****
RFG298****                 RB197****                  592 6570*
RFG299****                 RB214****                  592 6571*
RFG237****                 RB215****                  401.4100****
RFG238****                 RB216****                  401.40483800
RF4267****                 RB217****                  PFSF6PKX****
RFG267****                 RF215****                  PFSS6PKX****
RFG263****                 RF217****                  PFSS6SKX****
RSG309****                 RF195****                  PFSS9PKY****
RSG307****                 RF197****                  PFSS9SKY****
RF263****                  DFSS9VKBSS                 DFSS9VKBWW
RFG29P****                 RFG29T****                 DFSS9VKBBB
DFSF9VKBWW                 DFSF9VKBBB                 ..........................................................
DFSF9VKB****               GFSF6PKB****               GFSS6PKB****
GFSF6PKBBB                 GFSS6PKBSS                 GFSF6PKBWW
DFSS9VKB****               .........................  ..........................................................
----------------------------------------------------------------------------------------------------------------

     (3) Samsung shall be required to test the products listed in 
paragraph (2) above according to the test procedures for residential 
electric refrigerator-freezers prescribed by DOE at 10 CFR part 430, 
appendix A1, except that, for the Samsung products listed in paragraph 
(2) only, include:
    1. In section 1, Definitions, the following definition:
    ``Defrost cycle type'' means a distinct sequence of control whose 
function is to remove frost and/or ice from a refrigerated surface. 
There may be variations in the defrost control sequence such as the 
number of defrost heaters energized. Each such variation establishes a 
separate distinct defrost cycle type. However, defrost achieved 
regularly during the compressor ``off'' cycles by warming of the 
evaporator without active heat addition is not a defrost cycle type.
    2. In section 4, Test Period, the following:
    4.2.1 Long-time Automatic Defrost. If the model being tested has a 
long-time automatic defrost system, the two-part test described in this 
section may be used. The first part is a stable period of compressor 
operation that includes no portions of the defrost cycle, such as 
precooling or recovery, that is otherwise the same as the test for a 
unit having no defrost provisions (section 4.1). The second part is 
designed to capture the energy consumed during all of the events 
occurring with the defrost

[[Page 1477]]

control sequence that are outside of stable operation.
    4.2.1.1 Cycling Compressor System. For a system with a cycling 
compressor, the second part of the test starts at the termination of 
the last regular compressor ``on'' cycle. The average temperatures of 
the fresh food and freezer compartments measured from the termination 
of the previous compressor ``on'' cycle to the termination of the last 
regular compressor ``on'' cycle must both be within 0.5 [deg]F (0.3 
[deg]C) of their average temperatures measured for the first part of 
the test. If any compressor cycles occur prior to the defrost heater 
being energized that cause the average temperature in either 
compartment to deviate from its average temperature for the first part 
of the test by more than 0.5 [deg]F (0.3 [deg]C), these compressor 
cycles are not considered regular compressor cycles and must be 
included in the second part of the test. As an example, a 
``precooling'' cycle, which is an extended compressor cycle that lowers 
the temperature(s) of one or both compartments prior to energizing the 
defrost heater, must be included in the second part of the test. The 
test period for the second part of the test ends at the termination of 
the first regular compressor ``on'' cycle after both compartment 
temperatures have fully recovered to their stable conditions. The 
average temperatures of the compartments measured from this termination 
of the first regular compressor ``on'' cycle until the termination of 
the next regular compressor ``on'' cycle must both be within 0.5 [deg]F 
(0.3 [deg]C) of their average temperatures measured for the first part 
of the test. See Figure 1.
[GRAPHIC] [TIFF OMITTED] TN10JA12.003

    4.2.4 Systems with Multiple Defrost Frequencies. This section 
applies to models with long-time automatic or variable defrost control 
with multiple defrost cycle types, such as models with single 
compressors and multiple evaporators in which the evaporators have 
different defrost frequencies. The two-part method in 4.2.1 shall be 
used. The second part of the method will be conducted separately for 
each distinct defrost cycle type.
    3. In section 5, Test Measurements, the following:
    5.2.1.5 Long-time or Variable Defrost Control for Systems with 
Multiple Defrost cycle Types. The energy consumption in kilowatt-hours 
per day shall be calculated equivalent to:

[[Page 1478]]

[GRAPHIC] [TIFF OMITTED] TN10JA12.004

Where:

1440 is defined in 5.2.1.1 and EP1, T1, and 12 are defined in 
5.2.1.2;
i is a variable that can equal 1, 2, or more that identifies the 
distinct defrost cycle types applicable for the refrigerator or 
refrigerator-freezer;
EP2i = energy expended in kilowatt-hours during the second part of 
the test for defrost cycle type i;
T2i = length of time in minutes of the second part of the test for 
defrost cycle type i;
CTi is the compressor run time between instances of defrost cycle 
type i, for long-time automatic defrost control equal to a fixed 
time in hours rounded to the nearest tenth of an hour, and for 
variable defrost control equal to

(CTLi x CTMi)/(F x (CTM[itilde] CTLi) + CTLi);

CTLi = least or shortest compressor run time between instances of 
defrost cycle type i in hours rounded to the nearest tenth of an 
hour (CTL for the defrost cycle type with the longest compressor run 
time between defrosts must be greater than or equal to 6 but less 
than or equal to 12 hours);
CTMi = maximum compressor run time between instances of defrost 
cycle type i in hours rounded to the nearest tenth of an hour 
(greater than CTLi but not more than 96 hours);
For cases in which there are more than one fixed CT value (for long-
time defrost models) or more than one CTM and/or CTL value (for 
variable defrost models) for a given defrost cycle type, an average 
fixed CT value or average CTM and CTL values shall be selected for 
this cycle type so that 12 divided by this value or values is the 
frequency of occurrence of the defrost cycle type in a 24 hour 
period, assuming 50% compressor run time.
F = default defrost energy consumption factor, equal to 0.20.
For variable defrost models with no values for CT Li and CTMi in the 
algorithm, the default values of 6 and 96 shall be used, 
respectively.
D is the total number of distinct defrost cycle types.

    (4) Representations. Samsung may make representations about the 
energy use of its refrigerator-freezer products for compliance, 
marketing, or other purposes only to the extent that such products have 
been tested in accordance with the provisions outlined above and such 
representations fairly disclose the results of such testing.
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(m).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) This waiver applies only to those basic models set out in 
Samsung's January 27 and July 19, 2011 petitions for waiver. Grant of 
this waiver does not release a petitioner from the certification 
requirements set forth at 10 CFR part 429.

    Issued in Washington, DC, on January 3, 2012.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.


[FR Doc. 2012-216 Filed 1-9-12; 8:45 am]
BILLING CODE P