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Summary of Decisions - September 17, 2012 – September 21, 2012

September 21, 2012 - 9:09am


Application for Exception (10 CFR Part 430)

On September 17, 2012, OHA issued a decision granting an Application for Exception filed by Westinghouse Lighting Corporation (Westinghouse) for relief from the provisions of 10 C.F.R. 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, Westinghouse asserted that it would suffer a serious hardship, gross inequity and an unfair distribution of burdens if required to adhere to the Lighting Efficiency Standards, which became effective July 14, 2012 (2009 Final Rule), with respect to its 700 series T8 General Service Fluorescent Lamps (GSFL).  Specifically, Westinghouse cited previous OHA decisions in which OHA granted exception relief to Philips Lighting Company (Philips), GE Lighting (GE), OSRAM SYLVANIA, Inc. (OSI), Ushio America, Inc. (Ushio), and Halco Lighting Technologies (Halco) and maintained that Westinghouse would be at an unfair competitive disadvantage if it were not granted equivalent exception relief.  OHA concluded that the circumstances which compelled our approval of exception relief for Ushio and Halco are applicable to Westinghouse as well, and that Westinghouse would suffer a gross inequity if the firm was prevented from marketing 700 series T8 GSFLs for a period of two years while other manufacturers were able to do so.  Therefore, OHA granted exception relief authorizing Westinghouse to continue to manufacture 700 series T8 GSFLs subject to the prior efficiency standard, 10 CFR § 430.32(n)(l), from the date of the decision until July 14, 2014.  OHA Case No. EXC-12-0011