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DOE Institutes Enforcement Action Against AeroSys, Inc. for Failure to Certify Air Conditioners and Heat Pumps

February 4, 2010 - 1:58pm

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Washington, DC - The Department of Energy’s Office of General Counsel has issued a Notice of Proposed Civil Penalty to AeroSys, Inc. for failing to file certification reports or filing data that was not derived by an approved methodology as required by the Energy Policy and Conservation Act and federal regulations.  The Notice of Proposed Civil Penalty proposes payments to the government of $1,226,480.   Unless the manufacturer settles these claims within thirty days, the Department will file actions either in District Court or with an Administrative Law Judge to demand payment for the failure to certify these products.

Under federal law, manufacturers of some products covered by the Energy Policy and Conservation Act are required to certify with the Department that their models meet the applicable energy efficiency standards.  These certification reports provide DOE with information critical to determining that American consumers are buying products that deliver significant energy and cost savings in accord with DOE’s regulations. 

Earlier this year, DOE began testing certain AeroSys heat pumps and air conditioners to determine whether they met DOE’s minimum energy efficiency standards. In the context of this investigation, DOE discovered that AeroSys, Inc. had not properly certified the models listed below. Therefore, DOE is taking this separate enforcement action against AeroSys, Inc. “We are continuing aggressively and systematically to enforce our energy efficiency regulations. We simply will not tolerate violations of federal law or regulations,” said DOE General Counsel Scott Blake Harris.  The investigation into whether the AeroSys products meet the minimum efficiency standards is ongoing.

The affected products and violations are as follows:

AeroSys failed to submit a certification report for the following air conditioners and heat pumps:  Basic Models THDC-18P, THDC24-P, and THDC-30 P;

AeroSys used an unapproved testing methodology and therefore improperly certified the following air conditioners and heat pump basic models: 

THDC-18R, THDC-18S, THDC-18T, THDC-24R, THDC-24S, THDC-24T, THDC-30R, THDC-30S, THDC-30T, THHP-18R, THHP-18S, THHP-18T, THHP-24R, THHP-24S, THHP-24T, THHP-30R, THHP-30S, and THHP-30T

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