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EXC-11-0001 - In the Matter of BSH Home Appliances Corporation

On January 4, 2012, OHA issued a decision granting an Application for Exception filed by BSH Home Appliances Corporation (BSH).  In its Application, the BSH sought relief from the provisions of 10 C.F.R. Part 430, Energy Conservation Program for Consumer Products: Energy Conservation Standards for Refrigerators, Refrigerator-Freezers and Freezers (Refrigerator Efficiency Standards).  BSH requested relief for its new automatic defrost upright freezer with through-the-door ice service.  BSH noted that the applicable energy efficiency standard for automatic defrost upright freezers (Class 9) does not account for through-the-door ice service and its inherent energy loss.  BSH argued that its new product could not meet the applicable standard and, therefore, would suffer a serious inequity in the absence of exception relief.  OHA agreed, stating that such a result was an unintended consequence of the existing regulations, which were not intended to stifle innovation and new product development.  Accordingly, OHA determined that BSH was entitled to exception relief in the form of a revised standard that accounted for the energy loss associated with through-the-door ice service.  OHA Case No. EXC-11-0001