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April 21, 2011
DOE Issues Two Notices Seeking Comment on the Implementation of Its Certification and Enforcement Rules

Last week, the Department of Energy issued two Notices related to the application of its certification and enforcement regulations. First, the Department issued a Request for Information seeking information and data related to the use of computer simulations, mathematical methods, and other alternative methods of determining the efficiency of certain types of consumer products and commercial and industrial equipment. Comments are requested on or before May 18, 2011. Second, the Department issued a 

March 4, 2011
DOE Withdraws Interpretive Rule and Provides Enforcement Guidance on Showerheads

The Department has withdrawn as unwarranted the draft interpretative rule setting out the Department's views on the definition of a "showerhead" for purposes of the water conservation standard enacted by Congress in 1992. To provide certainty going forward, however, the Department today provides a brief enforcement guidance, which balances the Department’s obligation to enforce the congressional standard with its determination to avoid needless economic dislocation.

February 15, 2011
Two Manufacturers Agree to Civil Penalties to Resolve Enforcement Actions

The Department of Energy today announced it has now settled two civil penalty actions against companies for violations of DOE regulations requiring that they certify products as compliant with federal efficiency standards.  In the first case, DOE cited Perlick Residential & Hospitality Products (Perlick) for failure to certify properly its residential refrigerators and refrigerator-freezers.  DOE agreed to accept a civil penalty of $5,000 for the certification violations to settle the case, after considering factors set forth in DOE’s penalty guidance

February 14, 2011
DOE GC Joins Customs Service Trade Data System to Strengthen Enforcement Effort

The Department of Energy today announced that its Office of the General Counsel has joined the Board of Directors of the International Trade Data System, and now has access to the U.S.

February 7, 2011
DOE Adopts Rules to Improve Energy Efficiency Enforcement

Today, the Department of Energy adopted final rules to improve the enforcement of DOE’s efficiency requirements for appliances, lighting and other products.

December 23, 2010
DOE Issues Enforcement Guidance on Large-Capacity Clothes Washer Waivers and the Waiver Process

Today, the Department of Energy issued enforcement guidance on the application of recently granted waivers for large-capacity clothes washers and announced steps to improve the waiver process – and refrain from certain enforcement actions – so that innovative covered products can demonstrate compliance with DOE efficiency requirements and come to market without undue delays.  Based on comments received in response to DOE’s

December 8, 2010
DOE Receives Responses on the Implementation of Large-Capacity Clothes Washer Waivers

The Department last week invited interested parties to submit views on the proper application of waivers establishing alternative test procedures for existing large-capacity residential clothes washer models and units. We received responses from several parties, which can be found below. 

November 30, 2010
DOE Solicits Views on the Implementation of Large-Capacity Clothes Washer Waivers

The Department of Energy has recently granted several requests for waivers establishing an alternative test procedure for certain large-capacity residential clothes washer models.  We have now received follow-up questions about the proper application of these waivers.  Since these questions affect multiple manufacturers and the public, we have decided the proper course is to invite interested parties to submit views on the proper application of these waivers to existing clothes washer models and units by Tuesday, December 7th.

November 23, 2010
Air-Con Agrees to Pay Civil Penalty to Resolve Enforcement Action

The Department of Energy has settled the civil penalty action it initiated against Air-Con International for Air-Con’s sale of air conditioners in the United States that used more energy than allowed by federal law.  On September 20, 2010, based on Air-Con’s responses to a DOE subpoena, DOE ordered Air-Con to stop selling noncompliant air conditioners in the United States and proposed civil penalties for the noncompliant units sold by the company.