DOE Institutes Enforcement Action Against AeroSys, Inc. for Failure to Certify Air Conditioners and Heat Pumps
(February 4, 2010) Washington, DC - The Department of Energy’s Office of General Counsel has issued a Notice of Proposed Civil Penalty to AeroSys, Inc. for failing to file certification reports or filing data that was not derived by an approved methodology as required by the Energy Policy Conservation Act and federal regulations.  more>

DOE GENERAL COUNSEL ISSUES ARBITRATION GUIDANCE FOR M&O CONTRACTORS
(February 3, 2010)  Washington, DC - The Office of the General Counsel, in conjunction with the Office of General Counsel of the NNSA, has reviewed the question of whether Department of Energy contractors can include binding arbitration in their contracts with third-parties.  more>

DOE Warns Manufacturers Who Submitted Incomplete Certification Reports
(February 2, 2010)  Washington, DC - The Department of Energy’s Office of General Counsel has sent warning letters to 9 manufacturers or trade associations that submitted incomplete energy-efficiency test data to comply with DOE’s energy-efficiency standards.  more>

DOE Launches New Dataset on its Environmental Reviews
(January 28, 2010)  Washington, DC - To further transparency and openness in its implementation of the National Environmental Policy Act (NEPA), the Department of Energy (DOE) has created a comprehensive database of categorical exclusion (CX) determinations.  more>

DOE Institutes Enforcement Action against 4 Showerhead Manufacturers for Failure to Certify 116 Products
(January 28, 2010) WASHINGTON DC -   The Office of General Counsel has issued Notices of Proposed Civil Penalty to Zoe Industries, Altmans Products LLC, EZ-FLO International, and Watermark Designs, Ltd. for failing to certify to the Department of Energy that showerheads manufactured or distributed by these companies meet the applicable water conservation standard as required by the Energy Policy Conservation Act and DOE’s regulations. more>

Department of Energy Withdraws the Energy Star Label from 34 Compact Fluorescent Light Bulbs
(January 26, 2010)  Washington, DC - On January 25th, the General Counsel notified 25 manufacturers that the Department of Energy has withdrawn their right to use the Energy Star label on 34 different models of compact fluorescent light bulbs (CFLs).  more>

U.S. District Court Upholds DOE’s Action Against LG to Enforce ENERGY STAR® Requirements
(January 19, 2010) Washington, D.C. – On Monday, the United States District Court for the District of Columbia upheld the Department of Energy’s decision to remove the ENERGY STAR® label from certain inefficient LG refrigerator-freezer models.  more>

DOE Steps Lead to Significant Increase in Compliance with Energy Efficiency Reporting Requirements 
160 manufacturers certify energy use for over 600,000 residential products
(January 12, 2010) WASHINGTON DC -  The Department of Energy announced today that it has received certifications for over 600,000 residential appliances in 15 different product categories in response to the Department’s enhanced energy efficiency enforcement efforts.  more>

DOE Announces Additional Energy Efficiency Enforcement Action to Protect Consumers
Consent Decree with Haier America to Ensure Affected Products Deliver Required Energy and Cost Savings

Washington, DC – The Department of Energy announced today that it has entered into a Consent Decree with Haier America resolving an investigation into whether Haier violated DOE’s energy efficiency standards.  DOE’s investigation led Haier to determine that a parts defect caused certain freezers to consume more energy than represented to consumers and possibly violated DOE’s energy efficiency standards and the ENERGY STAR requirements for freezers.  As part of the Obama Administration’s commitment to enforcing energy efficiency, this Consent Decree obligates Haier to notify affected consumers, repair defective units, and pay a voluntary contribution to the U.S. Treasury.

During the investigation by DOE’s Office of General Counsel, Haier voluntarily identified a parts defect that had caused the freezer models to consume additional energy and took immediate steps on its own to remedy the defects.  Haier’s cooperation with the Department of Energy’s investigation was critical in reaching the Consent Decree, the first ever entered into by the Department of Energy to enforce minimum energy efficiency standards.

“Enhanced energy efficiency is a national priority, and DOE will continue to vigorously enforce energy efficiency standards and ENERGY STAR criteria,” said DOE General Counsel Scott Blake Harris.  “Haier’s voluntary disclosures and voluntary remediation measures helped to reach this Consent Decree, which requires swift action to protect both consumers and the environment from the consequences of wasteful energy use.  We would encourage all manufacturers to follow this example in the future.”

Prior to the Consent Decree, Haier took actions on their own to stop the distribution of any of the affected freezer models.   Standalone upright freezers sold between December 2008 and August 2009 are covered by the Consent Decree, although not all of the units will necessarily be affected by the parts defect.  The following freezer models are covered: HUF138EA (ENERGY STAR), HUF138PB, HUF168EA (ENERGY STAR), and HUF168PB.

Under today’s legal agreement, Haier will expand its efforts to inform consumers about potential defects in previously distributed freezers, will correct any identified defects at their expense, and will make a voluntary payment to the U.S. Treasury.  The Consent Decree announced today provides an immediate mechanism for protecting consumers and the environment from inefficient appliances.

Among other obligations, Haier has agreed to:

• Attempt to obtain information from retailers or other parties who may have contact information for affected customers;

• Individually notify affected customers with their offer to repair the affected unit;

• Conduct on-site unit repairs at no cost to consumers;

• Extend the warranty on all affected units; and

• Voluntarily contribute $150,000 to the U.S. Treasury. 

The full Consent Decree is available HERE.

Department of Energy Requests Information on Potential New or Revised Categorical Exclusions
The U.S. Department of Energy (DOE) intends to update its National Environmental Policy Act (NEPA) categorical exclusions, and has posted a  request for information at www.gc.energy.gov/NEPA to seek input from interested individuals and organizations regarding new or revised categorical exclusions.

DOE Defends Decision to Revoke Energy Star Designation for Certain LG Refrigerators.  On December 23, 2009, the Government filed its brief in opposition to LG Electronics' motion for a preliminary injunction in the U.S. District Court for the District of Columbia.

Department of Energy's General Counsel Determines Sudan Act Does Not Bar Areva Enrichment Services LLC Loan Application
(December 28, 2009) Washington, DC –  The Office of General Counsel was recently asked whether the Sudan Accountability and Divestment Act of 2007 barred the Department from considering a loan guarantee application submitted by Areva Enrichment Services LLC to help fund a uranium enrichment facility in Idaho.  The simple answer is no.  The Act, as passed by Congress, applies only to government procurements.  It does not apply to financial assistance programs or loan guarantee programs.  The Act, as passed by Congress, also applies only to the investments of the actual offerors (or contractors) for procurement contracts.  It does not apply to the investments of entities related to the applicants.  In this case, Areva Enrichment Services LLC has no investments in Sudan.  Rather, the parent corporation of Areva Enrichment Services LLC has a sixty percent interest in a Canadian company.  That Canadian company has a 40% interest in a mine in Sudan.  This investment by the Canadian company has no legal impact on any loan guarantee application, or even on any procurement contract proposal, made by Areva Enrichment Services LLC.

DOE Announces Tougher Enforcement of Appliance Standards Reporting Requirements
(December 9, 2009) Washington, DC – The Department of Energy announced today that manufacturers of certain residential products have a 30 day window ending January 8, 2010 to submit accurate certification reports and compliance statements as part of enhanced enforcement of DOE’s energy efficiency appliance standards program.  Under federal law, manufacturers of some products covered by DOE appliance standards are required to certify with the Department that their models meet the energy conservation standards. This 30 day period will help DOE ensure compliance with its regulations, sanction those who fail to comply, and treat all those subject to the requirements fairly and equally.  DOE has provided a Frequently Asked Questions page to provide additional details about the requirements and the 30 day window.  more>

Department of Energy to Take Steps to Remove ENERGY STAR Label on Certain LG Refrigerator-Freezer Models
Action to Protect American Consumers, ENERGY STAR® Brand
(December 7, 2009) Washington, DC – The Department of Energy announced today that as part of the expanded enforcement efforts under the ENERGY STAR® program, effective January 2, 2010, certain LG French-door refrigerator-freezers are banned from using the ENERGY STAR® label that helps consumers identify energy efficient products that will reduce their energy use and save them money. DOE is proceeding with this action after multiple independent labs have confirmed that when certain LG French-door refrigerator-freezers are tested using existing DOE test procedures, they do not qualify for the ENERGY STAR® Program. Today’s announcement is part of a broader effort at the Department of Energy to expand enforcement efforts for the ENERGY STAR® and appliance standards programs. more>

Department of Energy’s General Counsel Announces New Policy Requiring Online Posting of NEPA Categorical Exclusion Determinations to Further Transparency
(October 15, 2009)  Washington, DC – Consistent with the President’s commitment to “disclose information rapidly in forms that the public can readily find and use,” DOE announced today a new policy requiring all DOE program and field offices to document certain categorical exclusion determinations and post them online.  Categorical exclusions are classes of actions that DOE has determined by regulation do not have a significant effect on the environment, and, therefore, normally do not require detailed environmental review under the National Environmental Policy Act (NEPA).  Under the new policy, DOE program and field offices must document a determination that an action is “categorically excluded” and post the determination online.  With this policy, DOE will become one of the first federal agencies to make Categorical Exclusion documentation available to the public on the internet.  For more information, see DOE’s NEPA website.

Department of Energy’s General Counsel Releases Guidance on Ex Parte Communications During Informal Rulemaking Proceedings
(October 15, 2009)  Washington, DC - The Department of Energy today announced guidance on ex parte communications during informal rulemaking proceedings.  The guidance is intended to encourage the public to provide DOE with all information necessary to develop rules that advance the public interest, while ensuring that rulemaking proceedings are not subject to improper influence from off-the-record communications.  As President Obama stated in a January 21, 2009 memorandum, “Executive departments and agencies should offer Americans increased opportunities to participate in policymaking and to provide their Government with the benefits of their collective expertise and information.”  For more information, see the Federal Register on the Ex Parte Guidance.

Department of Energy Announces Steps to Strengthen Enforcement of Energy Efficiency Standards
Steps will help ensure that manufacturers have a level playing field
(October 13, 2009)  Washington, DC - Today, the U.S. Department of Energy (DOE) announced three new steps to strengthen its ability to enforce energy efficiency standards.  For more information, see the full press announcement and the Federal Register Guidance on Energy-Efficiency Enforcement Regulations.

Department of Energy Announces Testing for AeroSys, Inc. Products to Ensure Compliance with Appliance Standards
(September 24, 2009)  Washington, DC – As part of its renewed efforts to ensure compliance with national energy efficiency appliance standards, the U.S. Department of Energy today issued a test notice requiring AeroSys, Inc. to provide sample air conditioners and heat pumps for laboratory testing by DOE.  more>

Department of Energy Subpoenas Compliance Data from AeroSys, Inc.
DOE General Counsel Announces Renewed Focus on Enforcing Efficiency Standards
(July 24, 2009)  Washington, DC - The U.S. Department of Energy issued a subpoena to AeroSys, Inc. yesterday to obtain data necessary to determine whether certain AeroSys commercial air conditioners and heat pumps comply with relevant DOE energy efficiency standards. more>

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