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TEA-0008 - In the Matter of Unico, Inc.

The present Appeal filed by Unico, Inc. (Unico), relates to a Decision and Order issued by the Office of Hearings and Appeals (OHA) on December 20, 2005, granting exception relief to Energy Savings Products, Ltd. (ESP) from the provisions of 10 C.F.R. Part 430, pertaining to energy conservation standards for central air conditioners and heat pumps (Air Conditioner Standards). Energy Savings Products, Ltd., 29 DOE & 81,015 (2005) (ESP). ESP sought and obtained exception relief on the basis that the firm is a manufacturer of small duct, high velocity (SDHV) air conditioning equipment, and would suffer a gross inequity, serious hardship and an unfair distribution of burdens if forced to comply with the 13 SEER energy efficiency standard effective January 2006, 10 C.F.R. ' 430.32(c). Unico claims in its Appeal, however, that the air conditioning products manufactured by ESP do not meet the regulatory definition of ASmall duct, high velocity systems,@ 10 C.F.R. ' 430.2, and thus is not entitled to receive the exception relief granted.