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Enforcement News

May 19, 2010
DOE Seeks Comment on Definition of Showerhead

Today the U.S. Department of Energy (DOE) published in the Federal Register an interpretive rule that sets out the Department's views on the definition of "showerhead" in 10 CFR 430.2.

May 7, 2010
DOE Issues Guidance on Civil Penalties for EPCA Energy Efficiency Violations

Today, the Department of Energy issued Guidance on the Imposition of Civil Penalties for Violations of EPCA Standards and Certification Obligations.  As explained in the Guidance, the Department’s penalty policy is intended to advance three goals:  (1) to deter future violations; (2) to ensure consistency and equity in the assessment of penalties; and (3) to encourage complete and timely resolution of any instances of non-compliance.   The Department also sets forth its basic approach to the imposition of penalties for violations of DOE’s standards and certification requirements.  A comple

May 7, 2010
DOE/Mitsubishi Enter Consent Decree Dismissing Claims of Certification Violations

On May 7, 2010, DOE entered into a Consent Decree with Mitsubishi Electric & Electronics, USA Inc.

May 6, 2010
Civil Penalty Actions For Certification Violations Resolved

Today, the Department of Energy announced that it had resolved civil penalty actions against four showerhead manufacturers for having violated the Department's water conservation certification regulations.  To resolve these actions  Zoe Industries, Altmans Products LLC, EZ-FLO International, and Watermark Designs Ltd. have now certified that their showerheads meet federal water conservation standards and collectively will pay civil penalties of $165,104.

May 4, 2010
DOE Requests Information to Improve Energy Efficiency Enforcement Process

Today, the Department of Energy issued a request for information to help it improve its energy efficiency certification and enforcement regulations. In its new Request for Information Regarding Revising the Energy Efficiency Certification and Enforcement Regulations (“RFI”), the Department seeks comment on how to strengthen DOE’s energy efficiency regulations to encourage compliance and prevent manufacturers who break the law from having a competitive advantage over those that adhere to the rules.

April 21, 2010
DOE Initiates Enforcement Proceedings against Westinghouse and Mitsubishi for Failure to Certify (Notice of Proposed Civil Penalty Issued)

The Office of General Counsel has issued Notices of Proposed Civil Penalty to Westinghouse Lighting Corporation and Mitsubishi Electric & Electronics USA, Inc. for failing to certify that certain of their products meet the applicable energy conservation standards as required by the Energy Policy Conservation Act (EPCA) and DOE regulations. The Notice issued to Westinghouse proposes payments to the government of $350,400 for failure to certify over 71 types of light bulbs.

April 16, 2010
DOE Closes Investigation into Alleged Lighting Efficiency Violations

The U.S. Department of Energy has closed its investigation into the energy efficiency of lighting products manufactured by Habitex Corporation and sold under the Target and Adesso brand names based on test data provided by the companies. The Department requested information from the three companies last month in response to a complaint that these products did not meet the Department’s energy efficiency standards for torchieres.

April 12, 2010
DOE Opens Three Investigations into Alleged Refrigerator Efficiency Violations

The Department of Energy has issued one subpoena and two data requests to three companies in response to allegations that the companies are selling refrigerator-freezers that failed to meet federal energy efficiency standards. Under the subpoena, Arçelik A.S, a Turkish Company is required to submit detailed information about the design, marketing and U.S.

March 30, 2010
DOE Orders AeroSys to Halt Distribution of Inefficient Air Conditioner and Heat Pump Models

Today, the Department of Energy announced that it is requiring AeroSys, Inc. to stop distributing two product models - one air conditioner and one heat pump - that DOE testing found to consume more energy than allowed under federal efficiency standards. This is the latest step in the Department's investigation into whether AeroSys has been selling products in the U.S. that violate minimum appliance efficiency standards.

March 26, 2010
Department of Energy Opens Appliance Standards Investigation for Certain Air Con International Air Conditioners and Heat Pumps

WASHINGTON, DC - The U.S. Department of Energy announced today that it has opened an investigation to determine whether certain air conditioners and heat pump products manufactured by Air Con International comply with federal energy efficiency standards.  The subpoena issued on Wednesday requires Air Con to submit detailed information about the energy consumption of its products and how Air Con marketed and sold them in the U.S.