Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver From the Clothes Washer Test Procedure to Asko Inc.

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CW-002]

Energy Conservation Program for Consumer Products: Decision and

Order Granting a Waiver From the Clothes Washer Test Procedure to Asko

Inc.

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. CW-002]

granting a Waiver to Asko Inc. (Asko) from the existing Department of

Energy (DOE or Department) test procedure for clothes washers. The

Department is granting Asko a Waiver from the Department's test

procedures for its clothes washer models 10504, 12004, and 20004, 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.

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, (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, (202)

586-9507.

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(g), notice

is hereby given of the issuance of the Decision and Order as set below.

In the Decision and Order, Asko has been granted a Waiver for its

clothes washer models 10504, 12004, and 20004, 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 25, 1994.

Frank M. Stewart, Jr.,

Acting Chief of Staff, 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, Public Law 94-163, 89 Stat. 917, amended by the

National Energy Conservation Policy Act, Public Law 95-619, 92 Stat.

3266, the National Appliance Energy Conservation Act of 1987, Public

Law 100-12, the National Appliance Energy Conservation Amendments of

1988, Public Law 100-357, and the Energy Policy Act of 1992, Public Law

102-486, 106 Stat. 2776, 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).

Thereafter, DOE further amended the 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 DOE

for a waiver of such prescribed test procedures (51 FR 42823, November

26, 1986).

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.

The Interim Waiver provisions, added by the 1986 amendment, allow

the Assistant Secretary to grant an Interim Waiver when it is

determined that the applicant will experience economic hardship if the

Application for Interim Waiver is denied, if it appears likely that the

Petition for Waiver will be granted, and/or the Assistant Secretary

determines that it would be desirable for public policy reasons to

grant immediate relief pending a determination on the Petition for

Waiver. An Interim Waiver remains in effect for a period of 180 days or

until DOE issues its determination on the Petition for Waiver,

whichever is sooner, and may be extended for an additional 180 days, if

necessary.

Pursuant to Sec. 430.27(g), the Assistant Secretary shall publish

in the Federal Register notice of each waiver granted, and any limiting

conditions of each waiver.

In accordance with Sec. 430.27 of 10 CFR part 430, on April 8,

1993, Asko filed a Petition for Waiver regarding its clothes washer

models 10504, 12004, and 20004, 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.

On April 26, 1993, Asko filed an Application for Interim Waiver and on

May 11, 1993, Asko subsequently submitted an amendment to the

Application for Interim Waiver upon DOE's request for additional

information to allow the Department to make its determination of the

economic hardship and/or competitive disadvantage likely to result if

DOE fails to grant the Application for Interim Waiver. On September 7,

1993, the Department published in the Federal Register the Asko

petition and solicited comments, data, and information respecting the

petition and granted the requested Interim Waiver in its entirety (58

FR 47130).

Comments were received from the Whirlpool Corporation (Whirlpool)

and Speed Queen Company (Speed Queen). All comments received were sent

to Asko for its rebuttal. The Department consulted with the Federal

Trade Commission (FTC) concerning the Asko petition. The FTC did not

have any objections to the issuance of a waiver to Asko.

Assertions and Determinations

Asko's petition seeks a waiver from the DOE test procedure that is

based on an external water heating source. Instead, Asko requests the

allowance to test its clothes washer models 10504, 12004, and 20004

using an internal heater which heats the cold inlet water supplied for

washing. Since the nature of a water-heating clothes washer is

significantly different from a nonwater-heating clothes washer, several

issues have developed and have been commented on.

The existing test procedure for non-water-heating clothes washers

uses inlet water at ``100 deg.F10 deg.F'' and requires a

temperature rise calculation based on water volume which assumes a hot

wash temperature of 140 deg.F (60 deg.C). Thus, the calculation for the

warm wash temperature is presumed to be set at 100 deg.F (37.8 deg.C)

which is obtained from assumed equal amounts of hot and cold water

being mixed in the clothes washer. For clothes washers equipped with

thermostatically controlled inlet water valves the hot water inlet

temperature is set to ``140 deg.F5 deg.F'' and the cold

water inlet temperature is set to ``60 deg.F5 deg.F''.

Asko originally proposed testing its clothes washers utilizing four

equally weighted tests. Asko proposed that two of the tests be

conducted at 140 deg.F (60 deg.C) (one for maximum fill and one for

minimum fill) and the remaining two tests be conducted at 68 deg.F

(20 deg.C) (one for maximum fill and one for minimum fill). The

Department did not concur with this proposal and issued an Interim

Waiver with test requirements which were more representative of the

existing test procedure. The Interim Waiver required testing at three

temperature settings (hot--140 deg.F (60 deg.C), warm--100 deg.F

(38 deg.C and cold--60 deg.F (16 deg.C)) for maximum and minimum fill

conditions. The results of the temperature setting tests were prorated

using the existing test procedure Temperature Use Factors for a three

temperature selection machine. The combined results for maximum and

minimum fill were prorated using the existing test procedure values.

Whirlpool and Speed Queen raised concern about the Asko's machines

having the capability of heating water higher than 140 deg.F

(60 deg.C). The concern is that some consumers will choose a

temperature that is higher than 140 deg.F (60 deg.C) and therefore use

more energy than the test would predict. The Department agrees with

this concern. However, the Department also realizes that with Asko's

variable temperature capability that some consumers may choose to

utilize a ``hot'' temperature setting that is lower than 140 deg.F

(60 deg.C). Furthermore, Proctor and Gamble market survey data for 1975

and 1988/89 reveal that consumers' preferences have changed over the 13

years to use cold washes more frequently. Therefore, the Department has

decided that the test for water-heating clothes washers will be based

on the following to reflect the comments received and to be as

consistent as possible with the current test procedure.

------------------------------------------------------------------------

Percentage

Temperature setting of use

------------------------------------------------------------------------

Hottest possible on machine................................ 5

140 deg.F (60 deg.C)....................................... 25

100 deg.F (38 deg.C)....................................... 55

Coldest possible on machine................................ 15

------------------------------------------------------------------------

Additionally, the Department, by deciding to test the water-heating

clothes washers at their respective, hottest and coldest, settings,

will enable the test procedure to be generic for various clothes

washers. For example, if a particular clothes washer's coldest setting

actually demands heat above the specified inlet water temperature, then

the energy for this will be considered. Whereas, if a particular

clothes washer's coldest setting prevents any water heating, then there

would not be any energy used to heat the wash water.

A second issue related to Asko's internal heater capability is the

method to be used to measure the temperatures of the water used during

the test. Whirlpool suggested that the wash water temperature should

reach an equilibrium temperature prior to the start of the 10 minute

wash time required in section 2.10. The Department does not concur with

this suggestion because the existing test procedure energy consumption

calculations are based on a temperature rise of the clothes washer

inlet water. The Department does not consider a ``traditional'' clothes

washer's heat dissipation of the heated water into the internal clothes

washer components. The Department requires the temperature in the

Asko's clothes washer be verified to ensure that it at least meets the

specified temperature for warm and hot during the wash cycle; it does

not require the clothes to maintain the wash temperature. This is a

performance issue for Asko and regardless of the operating heating

cycle the energy consumption will be reflected in the energy reporting.

A third issue related to Asko's internal heater capability is the

tolerance requirement for temperatures. Whirlpool contended that the

existing test procedure is based on calculations for temperature rises

and recorded volumes, whereas the Asko's machines are actually

supplying the energy to heat the water. Whirlpool further contended

that a larger temperature tolerance will provide a significant

difference in energy requirements. The Department concurs with the

intent of Whirlpool's comment and has tightened the temperature

tolerances to reduce variability in energy reporting. The Department

has changed the tolerance for the various temperatures from

5 deg.F (2.8 deg.C) to a maximum and minimum

temperature value with only a 5 deg.F (2.8 deg.C) range. For example,

the inlet water temperature requirement for water-heating clothes

washers has been changed to a maximum of 60 deg.F (15.6 deg.C) and a

minimum of 55 deg.F (12.8 deg.C). This reduction in the tolerance range

will reduce energy reporting variability while maintaining testing

flexibility. This type of tolerance will also ensure that a minimum

temperature rise is tested.

Speed Queen commented on the requirement for the inlet water

temperature. Speed Queen proposed that the inlet water temperature be

set to 50 deg.F (10 deg.C) in lieu of 60 deg.F (16 deg.C). Speed

Queen's concern was based on the fact that the existing test procedure

uses a 90 deg.F temperature rise in the calculations. The Department

does not concur with the Speed Queen suggestion. As indicated above,

the Department is changing the amended test procedure to include a test

at the hottest temperature setting which will be conducted on a

temperature range which is greater than 90 deg.F. In addition, the

Department believes that a 50 deg.F (10 deg.C) inlet water requirement

may be too burdensome. In many cases the inlet water would have to be

cooled to obtain the 50 deg.F (10 deg.C) temperature.

Asko's petition also addressed its design feature which will

automatically control the water level in the clothes washer based on

the clothes load. Whirlpool and Speed Queen both had concerns about the

use of variable test loads to activate a maximum or minimum fill for

testing. The concern was that the absorption of the test cloth will

introduce an additional variable. Both Whirlpool and Speed Queen

suggested using the existing test procedure's test loads (3 lbs. at

minimum fill and 7 lbs. at maximum fill). The Department concurs with

the Whirlpool and Speed Queen suggestion, however, the testing

conducted will be representative of consumer minimum and maximum test

loads and not the minimum and maximum test load capability of the Asko

machines. The Department also realizes that this will cause the

calculations for Asko's clothes washer total energy consumption at

minimum fill to go up and total energy consumption at maximum fill to

go down. The Department may revise the test load requirements for all

clothes washers in the future to reflect consumer habits if usage data

becomes available regarding automatic fill controls.

Whirlpool also recommended that the Department change the

requirement for the test load test cloth. Whirlpool recommended that a

test cloth more representative of actual consumer habits be utilized

verses the energy test cloth specified in section 2.6. The Department

does not agree with Whirlpool's suggestion for Asko's petition because

it is not unique to Asko's Petition. The test procedure requires the

same test cloth for all front load machines. The Department recommends

that this type of comment be presented during a ruling to revise the

entire test procedure.

The Interim Waiver had a revised requirement for the ``electrical

energy supply'' to allow for the testing of Asko's clothes washers

which use a higher voltage. In addition to the higher voltage change,

the tolerance was changed from the existing test procedure requirement

of ``2 volts'' to ``1 percent'' of the voltage. The

Department believes that this increase in tolerance may be too

burdensome, therefore the Department has changed the tolerance to ``1.7

percent'' of the voltage. The 1.7 percent value is equal to the

existing procedure tolerance.

Conclusion

It is therefore ordered that:

(1) The ``Petition for Waiver'' filed by Asko [Case No. CW-002] is

hereby granted as set forth in paragraph (2) below, subject to the

provisions of paragraphs (3), (4) and (5).

(2) Notwithstanding any contrary provisions of section 430.22 or

Appendix J of 10 CFR Part 430, Subpart B, Asko shall be permitted to

test its washing machines, models 10504, 12004, and 20004 with the

modification set forth below:

(i) Add new Secs. 1.19 and 1.20 in appendix J to read as follows:

1.19 ``Water-heating clothes washer'' means a clothes washer that

has an internal electrical heater which provides all the energy needed

to heat water for washing.

1.20 ``Non-water-heating clothes washer'' means a clothes washer

that does not have an internal electrical heater which provides the

energy needed to heat water for washing.

(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 120/208Y 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 recommended by the manufacturer.

2.3 Water temperature.

2.3.1 Water-heating clothes washers. The temperature of the 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).

(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 electrical 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 2.8.2.1.

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.

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

2.8.2.1. 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.

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.

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.

Ensure that the inlet water temperature is maintained per section

2.3.1.

3.2.2 Per-cycle electrical 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 2.8.2.1. Measure and record the

kilowatt-hours of electrical energy consumed for the complete cycle as

Eht,min.

3.2.2.2 Hot wash at minimum fill. Repeat section 3.2.1.2 for a

test load as specified in section 2.8.2.1. 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.

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.

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.

Ensure that the inlet water temperature is maintained per section

2.3.1.

(iv) Sections 4.1 through 4.6 in Appendix J shall be deleted and

replaced with the following:

4.1 Per-cycle temperature-weighted machine 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, Emax, and for the minimum water fill

level, Emin, expressed in kilowatt-hours per cycle and defined as:

Emax = (0.05 x Eht,max) + (0.25 x Eh,max) + (0.55

x Ew,max) + (0.15 x Ec,max)

Emin = (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 Total per-cycle machine electrical energy consumption.

Calculate the total per-cycle energy consumption, ETE, expressed

in kilowatt-hours per cycle and defined as:

ETE=(0.72 x Emax) + (0.28 x Emin)

where:

Emax, Emin = as defined in section 4.1

(v) In CFR Sec. 430.22, paragraph (j)(1)(i)(B), change the

following:

From: ``* * * according to 4.6 of Appendix (j) * * *''

To: ``* * * according to 4.2 of Appendix (j) * * *''

(vi) Section 430.22 of the CFR, paragraph (j)(2), shall be deleted

and replaced with the following:

(J)(2) The energy factor for water-heating clothes washers shall be

the quotient of the cubic foot capacity of the clothes container as

determined in 3.1 of appendix J to this subpart divided by the clothes

washer energy consumption per cycle expressed as the total per-cycle

machine electrical energy consumption as determined in 4.2 of appendix

J to this subpart. The resulting shall be rounded off to the nearest

0.01 cubic foot per kilowatt-hour.

(3) The Waiver shall remain in effect from the date of issuance of

this Order until DOE prescribes final test procedures appropriate to

these washing machines, models 10504, 12004, and 20004, manufactured by

Asko.

(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 Asko on

September 7, 1993 (58 FR 47130).

Issued in Washington, DC, March 25, 1994.

Frank M. Stewart, Jr.,

Acting Chief of Staff, Energy Efficiency and Renewable Energy.

[FR Doc. 94-7875 Filed 4-1-94; 8:45 am]

BILLING CODE 6450-01-P