[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Notices]
[Pages 11201-11204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6569]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case No. CW-003]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver From the Clothes Washer Test Procedure to Miele
Appliance Inc.
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
-----------------------------------------------------------------------
Summary: Notice is given of the Decision and Order [Case No. CW-003]
granting a Waiver to Miele Appliance Inc. (Miele) from the existing
Department of Energy (DOE or Department) test procedure for clothes
washers. The Department is granting Miele a Waiver from the
Department's test procedures for the company's clothes washer models
W1903, W1918, and W1930.
FOR FURTHER INFORMATION CONTACT:
P. Marc LaFrance, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Mail Station EE-431, Forrestal
Building, 1000 Independence Avenue, SW, Washington, DC 20585-0121,
(202) 586-8423.
Eugene Margolis, Esq., U.S. Department of Energy, Office of General
Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence
Avenue, SW, Washington, DC 20585-0121, (202) 586-9507.
SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(j), notice
is hereby given of the issuance of the Decision and Order as set forth
below. In the Decision and Order, Miele has been granted a Waiver for
its clothes washer models W1903, W1918, and W1930, with the following
design features that differ from those covered by the existing clothes
washer test procedure: an internal electrical heater for heating wash
water, a continuously variable wash water temperature control, 208/240
volt electrical power supply, and machine-controlled water fill
capability.
Issued in Washington, DC, March 7, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Background
The Energy Conservation Program for Consumer Products (other than
automobiles) was established pursuant to the Energy Policy and
Conservation Act, as amended, 42 USC 6291 et seq., which requires DOE
to prescribe standardized test procedures to measure the energy
consumption of certain consumer products, including clothes washers.
The intent of the test procedures is to provide a comparable measure of
energy consumption that will assist consumers in making purchasing
decisions. These test procedures appear at 10 CFR Part 430, Subpart B.
DOE amended the prescribed test procedures by adding 10 CFR 430.27
on September 26, 1980, creating the waiver process. (45 FR 64108). The
waiver process allows the Assistant Secretary to temporarily waive the
test procedures for a particular basic model when a petitioner shows
that the basic model contains one or more design characteristics which
prevent testing according to the prescribed test procedures or when the
prescribed test procedures may evaluate the basic model in a manner so
unrepresentative of its true energy consumption as to provide
materially inaccurate comparative data. Waivers generally remain in
effect until final test procedure amendments become effective,
resolving the problem that is the subject of the waiver.
In accordance with Sec. 430.27 of 10 CFR Part 430, Miele filed a
Petition for Waiver and an Application for Interim Waiver on June 2,
1995, regarding its clothes washer models W1903, W1918, and W1930, with
the following design features that differ from those covered by the
existing clothes washer test procedure: an internal electrical heater
for heating wash water, a continuously variable wash water temperature
control, a 208/240 volt electrical power supply, and a machine-
controlled water fill capability. On August 10, 1995, Miele was granted
an Interim Waiver, and on August 16, 1995, Miele's Petition for Waiver
was published in the Federal Register. (60 FR 42553).
Comments were received from the Whirlpool Corporation (Whirlpool).
The comments received were sent to Miele for its rebuttal. The
Department consulted with the Federal Trade Commission (FTC) concerning
the Miele petition. The FTC did not have any objections to the issuance
of a waiver to Miele.
Assertions and Determinations
Externally Heated Water
Whirlpool commented that two of Miele's clothes washers have cold
and hot water inlets and that these clothes washers should be tested
with a hot water supply instead of just a cold water supply, as granted
by the Interim Waiver, because consumer's will use external hot water
as much as possible to minimize clothes washer operating time. Miele
stated that it agreed with Whirlpool in principle, although there are
no equations or usage factors currently available that can accommodate
a machine that uses both externally heated water in tandem with
internal heaters. Furthermore, Miele stated ``since the DOE cold water
procedure is more stringent than that proposed by Whirlpool, the test
procedure [as recommended] in the Petition for Waiver will not produce
artificially low energy consumption values.'' (Miele, letter to DOE
dated October 2, 1995).
The Department agrees with Miele that testing a water-heating
clothes washer with only a cold water supply will be a more rigorous
test because in the current test procedure externally heated water
assumes 100 percent efficiency for the water heater, whereas in
practice no electric resistance heater is 100 percent efficient. In
addition, while the clothes washer is receiving the externally heated
water from the water heater, heat will be dissipated into the thermal
mass of the clothes washer which then will require the internal heater
to maintain the desired temperature.
The current test procedure requires nonwater-heating clothes
washers to use externally heated water whose energy consumption is
calculated using a 90 deg.F temperature rise. The Interim Waiver
granted to Miele uses cold water and measures energy consumption based
on specified clothes washer water bath temperatures. When a hot wash is
[[Page 11202]]
tested, the temperature requirements result in a minimum temperature
rise of 80 deg.F (140 deg.F minimum for hot wash minus 60 deg.F
maximum for the cold supply water). Therefore, the Department cannot
determine if either a ``cold water only test'' or an ``externally
heated water and cold water test'' would result in the greatest amount
of energy consumption. Miele does acknowledge that testing with
``externally heated water and cold water'' would provide the most
accurate results.
Miele indicated that equations and usage factors for the use of
externally heated water in water-heating clothes washers do not exist.
The Department disagrees because the Association of Home Appliance
Manufacturers (AHAM) proposed test procedure 1 has an equation for
combining the energy for externally heated water with the measured
electrical energy used for mechanical/electrical functions and internal
water heating. In regards to usage factors, the AHAM proposed test
procedure makes the presumption that consumers will use externally
heated water 100 percent of the time. The Department believes this
assumption is valid because the overwhelming majority of U.S. consumers
have hot water supplies for their clothes washers. The Department does
admit that consumers may choose to install only cold water supplies in
new construction applications. However, for several reasons the
Department believes that the installation of only cold water supplies
will be few: (1) Consumers will want to maintain their home's resale
value by providing hot water supplies for the potential of future non-
water heating clothes washers. (2) If gas or oil externally heated
water is available, there may be a cost advantage to use externally
heated water. (3) The use of externally heated water will reduce the
clothes washer cycle time. Therefore, an appropriate test procedure to
test externally heated water can be provided to Miele. Today's Waiver
being granted to Miele requires testing using externally heated water
rather than only cold water because it is expected that is how the
Miele clothes washers with externally heated water capability will most
likely be used by consumers in the U.S.
\1\ AHAM proposed a future test procedure in response to a DOE
proposed rule (60 FR 15330, March 25, 1995), comment 8 on Docket EE-
RM-94-230. AHAM provided a provision to test water-heating clothes
washers using externally heated water, if the clothes washer is
capable of using externally heated water.
---------------------------------------------------------------------------
To grant a Waiver to Miele for its externally heated water capable
water-heating clothes washer models, the Department needs to determine
the temperature rise, temperature and tolerance of externally supplied
hot water. The Department believes that the current test procedure:
Temperature rise (90 deg.F), temperature and tolerance (140 deg.F
5 deg.F (60 deg.C 2.8 deg.C)) for
nonwater- heating clothes washers equipped with thermostatically
controlled mixing valves should be used. The Department believes this
because the overall energy consumption of a water-heating clothes
washer will be affected by the temperature of the external water. This
is analogous to nonwater- heating clothes washers equipped with
thermostatically controlled mixing valves. Furthermore, externally
heated water test requirements for water-heating and non-water heating
clothes washers should consistently as possible be maintained as a
uniform test procedure for comparison purposes.
The Department realizes that the test criteria provided to Miele by
this Decision and Order are different from that of Miele's competitors
with respect to cold water supply, but will provide the least impact in
the clothes washer community. For example, with the established test
criteria, Miele will use the same cold water supply temperature
(minimum of 55 deg.F (12.8 deg.C) and a maximum of 60 deg.F (15.6
deg.C)) as water-heating clothes washer models and will use the same
temperature rise for externally heated water as nonwater-heating
clothes washer models.
The Department acknowledges that nonwater-heating clothes washers
equipped with thermostatically controlled mixing valves will have a
slight advantage over Miele's clothes washers with externally heated
water capability because the difference of the hottest cold water
supply to the hottest hot water supply is 80 deg.F, whereas Miele's is
85 deg.F. However, from previous discussions with the clothes washer
industry, the Department believes that clothes washers equipped with
thermostatically controlled mixing valves represent a minority of the
clothes washer market. Today's Waiver granted to Miele maintains the
cold water supply requirements of the Interim Waiver and has been
revised to incorporate externally heated water as explained above.
Definitions
Whirlpool commented that the definitions for ``Water-heating
clothes washer'' and ``Nonwater-heating clothes washer'' should be as
stated in the AHAM proposed test procedure.\1\ AHAM proposes that the
definition for a water-heating clothes washer should state that ``some
or all'' of the water for washing is heated by the internal heater. The
Interim Waiver granted to Miele stated that ``all'' of the water for
washing is heated by the internal heater. Miele's rebuttal regarding
the definitions for ``Water-heating clothes washer'' and ``Nonwater-
heating clothes washer'' stated that AHAM's proposed language coincided
with Miele's interpretation of the Interim Waiver because Miele's
comment was under the assumption that its water-heating clothes washers
would be tested with cold water supply only. DOE is adopting the
Whirlpool recommendation to use the proposed AHAM definitions to be
consistent with the determination above to test using externally heated
water.
Heated Rinse
Whirlpool stated that the Miele Petition for Waiver did not
indicate that its machines had cold rinse only and that there was no
means to test for a heated rinse. Miele provided rebuttal indicating
that its machines have only cold rinses and that a provision to test a
heated rinse is not needed. The Department agrees with Miele.
Test Load for Machined Controlled Water Fill Capability
Whirlpool indicated that Miele should test its clothes washers per
the test load table in the AHAM proposed test procedure. Miele
indicated that it supports the AHAM proposed test procedure. However,
until such time that companies are required to test with the AHAM test
load table, Miele stated that it would be unfair to require it to test
with the AHAM proposed test load table. The AHAM test load table more
closely reflects actual consumer load size use by requiring a larger
test load for maximum fill which results in an increase in energy
consumption. Until the AHAM proposal is adopted, requiring Miele to
test to a larger test load would put it at a competitive disadvantage.
Presently, Asko Inc. is allowed to test its machine-controlled water
fill capability clothes washer with three (minimum fill) and seven
(maximum fill) pound test loads. Therefore, if Miele was required to
test its clothes washers with a larger load, then its clothes washers
would not be tested on the same basis as Asko. The Waiver granted to
Miele maintains the same test load as the Interim Waiver.
Conclusion
It is therefore ordered that:
(1) The ``Petition for Waiver'' filed by Miele [Case No CW-003] is
hereby granted as set forth in paragraph (2) below, subject to the
provisions of paragraphs (3), (4) and (5).
[[Page 11203]]
(2) Not withstanding any contrary provisions of section 430.23 or
Appendix J of 10 CFR Part 430, Subpart B, Miele shall be permitted to
test its washing machines, models W1903, W1918, and W1930 with the
modification set forth below:
(I) Add new sections, 1.19 and 1.20 in Appendix J to read as
follows:
1.19 ``Water-heating clothes washer'' refers to a clothes washer
where some or all of the hot water for clothes washing is generated by
a water heating device internal to the clothes washer.
1.20 ``Non-water-heating clothes washer'' refers to a clothes
washer which does not have an internal hot water heating device to
generate hot water.
(ii) Sections 2.2 and 2.3 in Appendix J shall be deleted and
replaced with the following:
2.2 Electrical energy supply. Maintain the electrical supply to
the clothes washer terminal block within 1.7 percent of 120, 120/208Y
or 120/240 volts, as applicable to the particular terminal block wiring
system as specified by the manufacturer. If the clothes washer has a
dual voltage conversion capability, conduct the test at the highest
voltage specified by the manufacturer.
2.3 Water temperature.
2.3.1 Water-heating clothes washers. The temperature of the cold
water supply shall be maintained at a minimum of 55 deg.F (12.8
deg.C) and a maximum of 60 deg.F (15.6 deg.C). If the clothes washer
is equipped with a hot water inlet, the hot water supply shall be
maintained at 140 deg.F 5 deg.F (60 deg.C
2.8 deg.C).
(iii) Sections 3.2.1 through 3.3.5 in Appendix J shall be deleted
and replaced with the following:
3.2.1 Per-cycle energy consumption at maximum fill. Set the water
level selector to the maximum fill position, if manually controlled.
3.2.1.1 Hottest wash at maximum fill. Activate the machine and
insert the appropriate test load as specified in Section 2.8.2. Select
the normal or its equivalent wash cycle. Where spin speed selection is
available, set the control to its maximum setting. Set the water
temperature selector to the hottest setting and activate the wash
cycle. Measure and record the kilowatt-hours of electrical energy
consumed for the complete cycle as Eht,max. Measure and record the
total number of gallons of hot water consumed for the complete cycle as
Vht,max. Ensure that the inlet water temperature is maintained per
Section 2.3.1.
3.2.1.2 Hot wash at maximum fill. Insert a water temperature
sensing device inside the inner drum prior to testing. Activate the
machine and insert the appropriate test load as specified in Section
2.8.2. Select the normal or its equivalent wash cycle. Where spin speed
selection is available, set the control to its maximum setting. Set the
water temperature selector to the hot setting (a minimum of 140 deg.F
(60 deg.C) and a maximum of 145 deg.F (62.8 deg.C)) and activate the
wash cycle. Verify the wash water temperature, which must be at a
minimum of 140 deg.F (60 deg.C) and a maximum of 145 deg.F (62.8
deg.C). If the measured water temperature is not within the specified
range, stop testing, adjust the temperature selector accordingly, and
repeat the procedure. Otherwise, proceed and complete testing. Measure
and record the kilowatt-hours of electrical energy consumed for the
complete cycle as Eh,max. Measure and record the total number of
gallons of hot water consumed for the complete cycle as Vh,max.
Ensure that the inlet water temperature is maintained per Section
2.3.1.
3.2.1.3 Warm wash at maximum fill. Repeat Section 3.2.1.2 for a
warm wash setting at a minimum of 100 deg.F (37.8 deg.C) and a
maximum of 105 deg.F (40.6 deg.C). Measure and record the kilowatt-
hours of electrical energy consumed for the complete cycle as
Ew,max. Measure and record the total number of gallons of hot
water consumed for the complete cycle as Vw,max.
3.2.1.4 Cold wash at maximum fill. Repeat Section 3.2.1.1 for the
coldest water setting. Measure and record the kilowatt-hours of
electrical energy consumed for the complete cycle as Ec,max.
Measure and record the total number of gallons of hot water consumed
for the complete cycle as Vc,max.
3.2.2 Per-cycle energy consumption at minimum fill. Set the water
level selector to the minimum fill position, if manually controlled.
3.2.2.1 Hottest wash at minimum fill. Repeat Section 3.2.1.1 for a
test load as specified in Section 2.8.2. Measure and record the
kilowatt-hours of electrical energy consumed for the complete cycle as
Eht,min. Measure and record the total number of gallons of hot
water consumed for the complete cycle as Vht,min.
3.2.2.2 Hot wash at minimum fill. Repeat Section 3.2.1.2 for a
test load as specified in Section 2.8.2. The hot wash setting shall be
at a minimum of 140 deg.F (60 deg.C) and a maximum of 145 deg.F
(62.8 deg.C). Measure and record the kilowatt-hours of electrical
energy consumed for the complete cycle as Eh,min. Measure and
record the total number of gallons of hot water consumed for the
complete cycle as Vh,min.
3.2.2.3 Warm wash at minimum fill. Repeat Section 3.2.1.2 for warm
wash setting at a minimum of 100 deg.F (37.8 deg.C) and a maximum of
105 deg.F (40.6 deg.C). Measure and record the kilowatt-hours of
electrical energy consumed for the complete cycle as Ew,min.
Measure and record the total number of gallons of hot water consumed
for the complete cycle as Vw,min.
3.2.2.4 Cold wash at minimum fill. Repeat Section 3.2.1.1 for the
coldest wash setting. Measure and record the kilowatt-hours of
electrical energy consumed for the complete cycle as Ec,min.
Measure and record the total number of gallons of hot water consumed
for the complete cycle as Vc,min.
(iv) Sections 4.1 through 4.4 in Appendix J shall be deleted and
replaced with the following:
4.1 Per-cycle temperature-weighted electrical energy consumption
for maximum and minimum water fill levels. Calculate the per-cycle
temperature-weighted electrical energy consumption for the maximum
water fill level, EEL.max, and for the minimum water fill level,
EEL.min, expressed in kilowatt-hours per cycle and defined as:
EEL.max=(0.05 x Eht,max) + (0.25 x Eh,max) + (0.55
x Ew,max) + (0.15 x Ec,max)
EEL.min = (0.05 x Eht,min) + (0.25 x Eh,min) + (0.55
x Ew,min) + (0.15 x Ec,min)
where:
Eht,max = as defined in Section 3.2.1.1
Eh,max = as defined in Section 3.2.1.2
Ew,max = as defined in Section 3.2.1.3
Ec,max = as defined in Section 3.2.1.4
Eht,min = as defined in Section 3.2.2.1
Eh,min = as defined in Section 3.2.2.2
Ew,min = as defined in Section 3.2.2.3
Ec,min = as defined in Section 3.2.2.4
4.2 Per-cycle temperature-weighted external hot water energy
consumption for maximum and minimum water fill levels. Calculate the
per-cycle temperature-weighted external hot water energy consumption
for the maximum water fill level, EHW.max, and for the minimum
water fill level, EHW.min, expressed in kilowatt-hours per cycle
and defined as:
EHW.max= T x K x ((0.05 x Vht,max) + (0.25 x
Vh,max) + (0.55 x Vw,max) + (0.15 x Vc,max))
EHW.min= T x K x ((0.05 x Vht,min) + (0.25 x
Vh,min) + (0.55 x Vw,min) + (0.15 x Vc,min))
where:
Vht,max = as defined in Section 3.2.1.1
Vh,max = as defined in Section 3.2.1.2
Vw,max = as defined in Section 3.2.1.3
Vc,max = as defined in Section 3.2.1.4
[[Page 11204]]
Vht,min = as defined in Section 3.2.2.1
Vh,min = as defined in Section 3.2.2.2
Vw,min = as defined in Section 3.2.2.3
Vc,min = as defined in Section 3.2.2.4
T = temperature rise = 90 deg.F (50 deg.C).
K = water specific heat = 0.00240 kWh/ (gal deg.F); (0.00114
kWh/(l deg.C))
4.3 Total weighted per-cycle hot water energy consumption.
Calculate the total weighted per-cycle hot water energy consumption,
ET, expressed in kilowatt-hours per cycle and defined as:
ET = (0.72 x EHW.max) + (0.28 x EHW.min)
where:
EHW.max, EHW.min = as defined in Section 4.2
4.4 Total weighted per-cycle electrical energy consumption.
Calculate the total weighted per cycle electrical energy consumption,
ME, expressed in kilowatt-hours per cycle and defined as:
ME = (0.72 x EEL.max) + (0.28 x EEL.min)
where:
EEL.max, EEL.min = as defined in Section 4.1
(3) The Waiver shall remain in effect from the date of issuance of
this Order until DOE prescribes final test procedures appropriate to
clothes washer models W1903, W1918, and W1930 manufactured by Miele.
(4) This Waiver is based upon the presumed validity of statements,
allegations, and documentary materials submitted by the petitioner.
This Waiver may be revoked or modified at any time upon a determination
that the factual basis underlying the Petition is incorrect.
(5) This Waiver supersedes the Interim Waiver granted to Miele on
August 16, 1995. (60 FR 42553).
Issued in Washington, DC, March 7, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-6569 Filed 3-18-96; 8:45 am]
BILLING CODE 6450-01-P