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Summary of Decisions - February 18, 2013–February 22, 2013

February 22, 2013 - 1:35pm


Application for Exception

On February 22, 2013, OHA issued a decision granting an Application for Exception filed by Technical Consumer Products, Inc. (TCP) for relief from the provisions of 10 CFR Part 430, Energy Conservation Program: Energy Conservation Standards and Test Procedures for General Service Fluorescent Lamps and Incandescent Reflector Lamps (Lighting Efficiency Standards).  In its exception request, TCP asserted that it will suffer a serious hardship, gross inequity and an unfair distribution of burdens if required to adhere to the new Lighting Efficiency Standards, effective July 14, 2012 (2009 Final Rule), with respect to its 700 series T8 General Service Fluorescent Lamps (GSFL).  Specifically, TCP cited a previous OHA decision in which OHA granted exception relief to Philips Lighting Company (Philips), GE Lighting (GE) and Osram Sylvania, Inc. (OSI), as well as several subsequent cases granting similar relief to other manufacturers, and maintained that TCP will be at an unfair competitive disadvantage if relief is granted to Philips, GE, and OSI, and other manufacturers, but not to TCP.  OHA agreed and determined that granting TCP exception relief was warranted in order to prevent inequities among the domestic lighting manufacturers.  Accordingly, consistent with its prior decisions, OHA granted exception relief to TCP authorizing it to continue to manufacture 700 series T8 GSFLs subject to the previously applicable efficiency standards for a period of two years from the effective date of new standards, until July 14, 2014.  OHA Case No. EXC-13-0002