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EXC-13-0004 - In the Matter of Liebherr Canada Ltd.

On November 6, 2013, OHA issued a decision granting an Application for Exception filed by Liebherr Canada Ltd. (Liebherr).  In its Application, Liebherr 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).  Liebherr requested relief for its built-in automatic defrost upright freezer with through-the-door ice service.  Liebherr noted that neither the current applicable energy efficiency standard for automatic defrost upright freezers (Class 9) nor the standard for built-in automatic defrost upright freezers with an automatic icemaker, which will take effect on September 15, 2014, accounts for through-the-door ice service and its inherent energy loss.  Liebherr argued that its new product could not meet either 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 Liebherr was entitled to exception relief in the form of revised standards that account for the energy loss associated with through-the-door ice service.