[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Notices]
[Pages 11395-11400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6567]



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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-007]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver From the Central Air Conditioner and Central 
Air Conditioning Heat Pump Test Procedure to NORDYNE

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

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SUMMARY: Notice is given of the Decision and Order (Case No. CAC-007) 
granting a Waiver to NORDYNE from the existing Department of Energy 
test procedure for central air conditioners and central air 
conditioning heat pumps for the company's Powermiser line of heat pumps 
with integrated water heating.

FOR FURTHER INFORMATION CONTACT:

Michael G. Raymond, 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, (202) 
586-9611
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, (202) 586-9507

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR Part 430, 
Sec. 430.27(l), notice is hereby given of the issuance of the Decision 
and Order as set out below. In the Decision and Order, NORDYNE has been 
granted a Waiver from the existing Department of Energy central air 
conditioner and central air conditioning heat pump test procedure for 
the company's Powermiser line of heat pumps with integrated water 
heating. The Waiver allows NORDYNE to use a modified test procedure for 
rating its Powermiser heat pumps. NORDYNE shall be allowed to 
calculate, in addition to the standard SEER and HSPF, a Combined 
Cooling Performance Factor (CCPF) and a Combined Heating Performance 
Factor (CHPF). These performance factors reflect the energy efficiency 
of the heat pump when providing both space conditioning and domestic 
water heating.

    Issued in Washington, DC, on March 7, 1996.
Joseph Romm,
Acting Principal Deputy Assistant Secretary, Energy Efficiency and 
Renewable Energy.

Decision and Order

Department of Energy

Office of Energy Efficiency and Renewable Energy

In the Matter of: NORDYNE. (Case No. CAC-007)

Background

    The Energy Conservation Program for Consumer Products (other than 
automobiles) was established pursuant to the Energy Policy and 
Conservation Act (EPCA), Public Law 94-163, 89 Stat. 917, as amended, 
which requires the Department to prescribe standardized test procedures 
to measure the energy consumption of certain consumer products, 
including central air conditioners. 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.
    The Department amended the prescribed test procedures by adding 10 
CFR 430.27 to create a waiver process. 45 FR 64108, September 26, 1980. 
Thereafter, the Department further amended its appliance test procedure 
waiver process to allow the Assistant Secretary for Energy Efficiency 
and Renewable Energy (Assistant Secretary) to grant an Interim Waiver 
from test procedure requirements to manufacturers that have petitioned 
the Department for a waiver of such prescribed test procedures. 51 FR 
42823, November 26, 1986.
    The waiver process allows the Assistant Secretary to waive 
temporarily 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.
    NORDYNE filed a ``Petition for Waiver'' and an ``Application for 
Interim Waiver,'' dated January 24, 1995, in accordance with Section 
430.27 of 10 CFR Part 430. The Department granted the Interim Waiver on 
July 10, 1995. The Department also published in the Federal Register on 
August 8, 1995, NORDYNE's petition, and solicited comments, data, and 
information respecting the petition. 60 FR 40358, August 8, 1995.
    NORDYNE's Petition seeks a waiver from the existing Department of 
Energy central air conditioner and central air conditioning heat pump 
test procedure for the company's Powermiser line of heat pumps because 
the Powermiser's integrated water heating feature causes the prescribed 
test procedures to evaluate the Powermiser in a manner unrepresentative 
of its true energy consumption characteristics. NORDYNE's heating and 
cooling mode test procedures are essentially the same as the current 
Departmental central air conditioner test procedures. In addition, 
NORDYNE submitted tests and a rating procedure to determine the 
performance of the heat pump when it heats domestic water (whether or 
not space heating or cooling is also being provided).
    The Department received 14 written comments concerning either the 
``Petition for Waiver'' or the ``Interim Waiver.'' All the comments 
supported granting the waivers.
    Appalachian Power Company, Hawaiian Electric Company and Mr. Joe 
Zeiner of PSI Energy supported the waiver to encourage energy 
conservation devices. The Tennessee Valley Authority concurred with 
this, and also commented that the Powermiser ``eliminates coincident 
peak demand for water heater[s] on the utility system.'' Gulf Power 
Company, Tampa Electric Company, Alabama Power Company, Georgia Power 
Company and Mr. Leo Stambaugh commended the NORDYNE integrated 
appliance as a viable alternative to electric resistance water heating 
and supported NORDYNE's proposed use of a Combined Cooling Performance 
Factor (CCPF) and Combined Heating Performance Factor (CHPF) for rating 
these products.
    Dr. Arvo Lannus of Moebius Research commented that the present 
Department test procedures do not provide for testing products like the 
Powermiser, with the following adverse effects:

[[Page 11396]]

difficulty in educating consumers about the product's benefits; 
difficulty for the manufacturer to recoup its investment; difficulty 
for private research institutions to fund research and development in 
support of energy efficiency goals. Dr. Lannus stated that the 
Powermiser would benefit consumers and society, in terms of efficiency 
and environmental benefits. He wrote that the testing and rating 
procedure, using SEER, HSPF, CCPF and CHPF is reasonable, and also 
agreed with the proposed bin method of calculation.
    Mr. Terry Statt of the Electric Power Research Institute stated 
that the current DOE test procedure evaluates the Powermiser heat pump 
in a manner unrepresentative of its actual energy consumption, and that 
this creates economic hardship for NORDYNE. He further commented that 
this causes consumers to purchase systems that have higher [total 
monetary] costs and higher environmental costs. Mr. Statt agreed with 
NORDYNE's use of a bin method of calculation and the division of the 
year into two sections (heating and cooling).
    The Natural Resources Defense Council supported the concept of the 
heat pump with integrated water heating as an energy savings device and 
urged the Department to provide test procedures that accurately 
estimate the device's energy savings. Virginia Power concurred with 
this and also commented on the need for a standard test procedure for 
combined equipment, including fossil-fueled combination heating/water 
heating units, heat pumps and air conditioners with integral 
desuperheaters, combined residential energy storage units and triple 
function heat pumps such as the NORDYNE Powermiser. Virginia Power also 
commented that the standard test procedure should use water heating 
settings and use patterns which reflect current consumer use (see 
Virginia Power Comments on Proposed Rulemaking, Energy Conservation 
Program for Consumer Products, Test Procedures for Water Heaters, 
Docket No. EE-RM-94-230, August 30, 1995.) Allegheny Power System 
commented about the need for a suitable test procedure for integrated 
water heating systems, and, like Virginia Power, requested that the 
Department revise the domestic water heater test procedure to reflect a 
lower daily hot water consumption, and a different schedule for water 
draws.
    The comments of Virginia Power and Allegheny Power about water 
usage, draw schedules and integrated appliances are beyond the scope of 
this waiver. The Department may address these issues in upcoming test 
procedure rules, but, for consistency, this waiver will conform to the 
existing usage and draws.
    The Department consulted with the Federal Trade Commission (FTC) 
concerning the NORDYNE Petition. The FTC did not have any objections to 
the issuance of the waiver to NORDYNE.

Assertions and Determinations

    NORDYNE's Petition seeks a waiver from the existing Department of 
Energy central air conditioner and central air conditioning heat pump 
test procedure for the company's Powermiser line of heat pumps because 
the Powermiser's integrated water heating feature causes the prescribed 
test procedures to evaluate the Powermiser in a manner unrepresentative 
of its true energy consumption characteristics. DOE agrees that, using 
the current central air conditioning test procedure, the company cannot 
account for the energy savings associated with integrated water 
heating.
    NORDYNE has submitted a modified test procedure to be used for 
rating its Powermiser heat pumps. NORDYNE proposes to calculate, in 
addition to SEER and HSPF, a Combined Cooling Performance Factor (CCPF) 
and a Combined Heating Performance Factor (CHPF) for characterizing the 
water heating and space conditioning performance of the Powermiser. 
However, to provide a comparable base, NORDYNE had to slightly modify 
the calculation of SEER and HSPF. The NORDYNE proposed heating and 
cooling mode test procedures for SEER and HSPF are essentially the same 
as the current Departmental central air conditioner test procedures 
found in 10 CFR Part 430, Subpart B, Appendix M. NORDYNE's test 
procedures differ from the Department's in their use of a bin analysis 
for SEER, and in their use of seasonal hours rather than fractional 
hours for HSPF. NORDYNE states in its Petition that the modified test 
procedure for SEER and HSPF ``yields nearly identical results.'' The 
Department concurs with NORDYNE's statement regarding the results for 
SEER and HSPF, and no commenter communicated any disagreement with it.
    In addition, NORDYNE submitted tests and a rating procedure to 
determine the performance of the heat pump when it heats domestic water 
(whether or not space heating or cooling is also being provided). These 
performance factors reflect the energy efficiency of the heat pump when 
providing both space conditioning and domestic water heating. CCPF is 
the sum of the total space cooling load and the total domestic water 
heating load during the cooling season, divided by the total energy 
consumption used for space cooling and water heating over the same 
period, expressed in Btu/Wh. CHPF is the analogous factor with ``space 
heating'' substituted for ``space cooling.'' NORDYNE presented examples 
of cost savings calculations in its Petition for Waiver. In the 
Petition, NORDYNE compared the annual cost for heating, cooling and 
water heating of the NORDYNE Powermiser to a combination of a 
conventional heat pump and an electric water heater.
    DOE agrees that, using the current central air conditioning test 
procedure, the company cannot account for the energy savings associated 
with integrated water heating, and that the procedures described in 
NORDYNE's Petition for Waiver will allow NORDYNE to calculate these 
energy savings. The Department agrees that a waiver should be granted 
to allow NORDYNE to test its Powermiser line of heat pumps according to 
NORDYNE's proposed test procedure.
    Thus, the Department is granting a waiver of the requirement to 
test NORDYNE's Powermiser line of heat pumps according to the current 
test procedure.
    It is, therefore, ordered that:
    (1) The ``Petition for Waiver'' filed by NORDYNE (Case No. CAC-007) 
is hereby granted as set forth in paragraph (2) below, subject to the 
provisions of paragraphs (3), (4) and (5).
    (2) NORDYNE shall be required to test its Powermiser line of heat 
pumps on the basis of the test procedures specified in 10 CFR Part 430, 
Subpart B, Appendix M, including the modifications summarized in 
Attachment A to the letter to NORDYNE granting the Interim Waiver. 
These modifications are fully presented on pages 2-32 of NORDYNE's 
attachment to its Petition for Waiver and Application for Interim 
Waiver, dated January 24, 1995.
    (3) NORDYNE shall also test and represent:
     The annual and seasonal energy use and cost of operation 
of its Powermiser line of heat pumps, and
     The annual and seasonal cost savings of its Powermiser 
line of heat pumps, when compared to the combination of a conventional 
heat pump and electric water heater, as follows:

[[Page 11397]]

    Annual energy usage for the conventional heat pump and water 
heater:
[GRAPHIC] [TIFF OMITTED] TN20MR96.000

where Ecool (Tj) is the total system energy input for cooling 
for the jth outdoor bin temperature, and is equal to:
[GRAPHIC] [TIFF OMITTED] TN20MR96.001

Cd is the coefficient of cyclic degradation for cooling. 
Ec(Tj) is the steady-state electrical power input to the heat 
pump in the space cooling only mode determined according to:
[GRAPHIC] [TIFF OMITTED] TN20MR96.002

Eheat (Tj) is the total system energy input for heating for 
the jth outdoor bin temperature, and is equal to:
[GRAPHIC] [TIFF OMITTED] TN20MR96.003

where HLF (Tj) is the heat pump heating load factor for outdoor 
temperature bin j:
[GRAPHIC] [TIFF OMITTED] TN20MR96.004

    Cd is the coefficient of cyclic degradation for heating. The 
steady-state heat pump space heating capacity in the space heating only 
mode is determined according to:

[[Page 11398]]

[GRAPHIC] [TIFF OMITTED] TN20MR96.005


Eauxs (Tj) is the auxiliary resistance heat required to meet 
the building load.
[GRAPHIC] [TIFF OMITTED] TN20MR96.006

    The steady-state electrical power input to the heat pump in the 
space heating only mode is determined according to:
[GRAPHIC] [TIFF OMITTED] TN20MR96.007

    The energy usage for conventional water heating is also subdivided 
into cooling and heating seasons, depending on the outdoor temperature 
being above or below 65 deg.F. For the cooling season, the water 
heating energy usage per hour is:
[GRAPHIC] [TIFF OMITTED] TN20MR96.008

[GRAPHIC] [TIFF OMITTED] TN20MR96.009

    GPD is the total daily consumption of domestic hot water in 
gallons, and for rating purposes is equal to 64.3 gallons.
     (135 deg.F) is the density of water in pounds/gallon at 
the temperature of the water leaving the tank.
    Cp (96.5 deg.F) is the specific heat of water at the 
temperature midway between 58 deg.F and 135 deg.F.
    CSH = Cooling season hours.
    Ndwc = Number of extra hours for dedicated water heating with 
the outdoor temperature above 65 deg.F.
    EF = The energy factor as defined in the DOE hot water heater 
test procedures.
    The cooling and heating load seasonal hours are calculated from the 
cooling and heating load hours as follows:

[[Page 11399]]

[GRAPHIC] [TIFF OMITTED] TN20MR96.010


where:
    CSH = Cooling season hours
    CLH = Cooling load hours
    1.1 = The oversizing factor used to determine building load
    DCT = Design cooling temperature = 95 deg.F.
    Tj = Temperature for the jth outdoor bin temperature.
    nj/N = Season fractional bin hours.
    HSH = Heating season hours.
    HLH = Heating load hours.
    DHT = Design heating temperature.

    The extra dedicated water heating hours are then:
    Ndw = 8760 - CSH - HSH.
where:
    Ndw = Total number of extra hours for dedicated water heating.
    8760 = Total hours per year.
    The extra dedicated water heating hours are next divided between 
the parts of the year warmer and cooler than 65 deg.F in proportion to 
the cooling and heating season hours as follows:
[GRAPHIC] [TIFF OMITTED] TN20MR96.011

where:
    Ndwc = Number of extra hours for dedicated water heating with 
the outdoor temperature above 65 deg.F.
    Ndwh = Number of extra hours for dedicated water heating with 
the outdoor temperature below 65 deg.F.
    For the heating season, the water heating energy usage per hour is:
    [GRAPHIC] [TIFF OMITTED] TN20MR96.012
    
    The annual energy usage for the integrated heat pump and water 
heater is:
[GRAPHIC] [TIFF OMITTED] TN20MR96.013

    The terms in these equations are all defined in NORDYNE's petition, 
published in the Federal Register on August 8, 1995. 60 FR 40358.
    The seasonal and annual energy and cost credits (savings) shall be 
calculated as follows: The summer, or cooling season energy credit, in 
kWh, is:
[GRAPHIC] [TIFF OMITTED] TN20MR96.014

The winter, or heating season energy credit, in kWh, is:

[[Page 11400]]

[GRAPHIC] [TIFF OMITTED] TN20MR96.015


The annual energy credit (savings), in kWh, for the Powermiser 
integrated heat pump/water heating appliance is:
[GRAPHIC] [TIFF OMITTED] TN20MR96.016

    The annual cost credit (savings) , in dollars, for the Powermiser 
integrated heat pump/water heating is:
[GRAPHIC] [TIFF OMITTED] TN20MR96.017

where ER is the representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary.
    (4) The Waiver shall remain in effect from the date of issuance of 
this Order until the Department prescribes final test procedures 
appropriate to the Powermiser line of heat pumps manufactured by 
NORDYNE.
    (5) 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.
    (6) Effective March 1, 1996, this Waiver supersedes the Interim 
Waiver granted NORDYNE on July 10, 1995. 60 FR 40358, August 8, 1995 
(Case No. CAC-007).

    Issued in Washington, DC, on March 1, 1996.
Joseph Romm,
Acting Principal Deputy Assistant Secretary, Energy Efficiency and 
Renewable Energy.
[FR Doc. 96-6567 Filed 3-19-96; 8:45 am]
BILLING CODE 6450-01-P