On March 30, 2010, BSH Home Appliances Corporation (BSH) filed an Application for Exception (Application) with the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE). The firm requests temporary 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). In its exception request, BSH asserts that the firm will suffer an undue hardship and inequity if required to adhere to the Refrigerator Efficiency Standards, codified at 10 C.F.R. § 430.32. If BSH’s Application for Exception is granted, the firm will receive exception relief from the energy efficiency standard applicable to a new automatic defrost refrigerator-freezer with
bottom-mounted freezer and through-the-door ice service. BSH proposes to manufacture and market this appliance. As set forth in the Decision and Order, we have determined that BSH’s Application for Exception should be granted.