This Decision and Order considers an Appeal filed by the Commonwealth of Massachusetts (“Massachusetts” or “the Commonwealth”) from a determination issued on September 3, 2009, on behalf of the Assistant Secretary for Energy Efficiency and Renewable Energy (EE) of the Department of Energy (DOE), under the provisions of 10 C.F.R. Part 490 (Alternative Fuel Transportation Program). In its determination, EE denied a request filed by Massachusetts for 37 exemptions, in addition to 88 already granted, from the firm=s Model Year (MY) 2008 alternative fuel vehicle (AFV) purchase requirements under the Part 490 program. If the present Appeal were
granted, Massachusetts would receive the additional 37 exemptions it requested. As set forth in this Decision and Order, we have concluded that the Commonwealth=s Appeal should be denied.