Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver From the Clothes Washer Test Procedures to New Harmony Systems Corporation

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CW-001]

Energy Conservation Program for Consumer Products: Decision and

Order Granting a Waiver From the Clothes Washer Test Procedures to New

Harmony Systems Corporation

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

ACTION: Decision and order.

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Summary: Notice is given of the Decision and Order [Case No. CW-001]

granting a Waiver to New Harmony Systems Corporation (New Harmony) from

the existing Department of Energy (DOE or Department) test procedure

for clothes washers. The Department is granting New Harmony a Waiver

from the Department's test procedures for its series 1 and 2 clothes

washers 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 variable water temperature

control; and 120/208Y and/or 120/240 volt electrical power supply.

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)

586-7140.

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, New Harmony has been granted a Waiver for

its series 1 and 2 clothes washers 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

variable wash water temperature control; and 120/208Y and/or 120/240

volt electrical power supply.

Issued in Washington, DC, March 24, 1994.

Frank M. Stewart, Jr.,

Chief of Staff, Energy Efficiency and Renewable Energy.

Decision and Order

In the matter of: New Harmony [Case No. CW-001].

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 February 2,

1993, New Harmony filed a ``Petition for Waiver'' and an ``Application

for Interim Waiver'' regarding its series 1 and 2 clothes washers with

the following design features that differ from those covered by the

existing clothes washer test procedure: An internal water heating

source; a various temperature selection capability; and an alternate

electrical power supply. On June 15, 1993, the Department published in

the Federal Register the New Harmony petition and solicited comments,

data, and information respecting the petition and granted the requested

Interim Waiver with minor revisions as discussed in the Interim Waiver

(58 FR 33089).

Comments were received from the Whirlpool Corporation (Whirlpool).

All comments received were sent to New Harmony for its rebuttal. The

Department consulted with the Federal Trade Commission (FTC) concerning

the New Harmony petition. The FTC did not have any objections to the

issuance of a Waiver to New Harmony.

Assertions and Determinations

New Harmony's petition seeks a Waiver from the DOE test procedure

that is based on an external water heating source. Instead, New Harmony

requests the allowance to test its series 1 and 2 clothes washers 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 than a non-water-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''.

New Harmony originally proposed testing their machines utilizing

the existing test procedure Temperature Use Factors (TUFs) for a three

temperature selection machine with a slight revision. New Harmony

proposed changing the TUF for the ``hot'' setting from ``30%'' to

``25%'' and adding ``5%'' for the hottest setting on their machines.

The Department did not concur with this proposal because New Harmony

did not present any basis for the ``5%'' value. The Department 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 TUFs for a three-

temperature selection machine. The combined results for maximum and

minimum fill were prorated using the existing test procedure values.

Whirlpool raised concern about the New Harmony'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 New Harmony'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

reveals that consumer's preference has 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 comment received and to be as consistent as

possible with the current test procedure.

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

Percent

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

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

The Department realizes that the ``5%'' use factor at the hottest

setting was suggested by New Harmony without any firm basis, other than

anticipated consumer habits. However, the Department believes that New

Harmony's assessment of the anticipated usage factor is the best means

of resolving this issue. 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 prevented any water

heating, then there would not be any energy used to heat the wash

water.

A second issue related to New Harmony'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 Sec. 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 New Harmony'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 washer to maintain the wash

temperature. This is a performance issue for New Harmony and regardless

of the operating heating cycle the energy consumption will be reflected

in the energy reporting. Therefore, the Department has deleted the

requirement for measuring the temperature at the drain pipe.

A third issue related to New Harmony'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 New Harmony'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.

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

energy supply'' to allow for the testing of New Harmony's clothes

washers which utilize 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.

Whirlpool indicated a concern about the definition of ``a water

heating clothes washer''. Their concern was that the proposed

definition only considered a machine that provides all of the energy

for heating the wash water by the internal electric heater. Whirlpool

believes that the definition should consider the introduction of

externally heated wash water. The Department understands Whirlpool's

concern about clothes washers that may have the option of using

externally heated water along with an internal heater. However, New

Harmony's machines do not have this capability. Therefore, this Waiver

for New Harmony does not require a definition change nor a test

procedure change. The Department will address this issue in a future

general test procedure revision.

Whirlpool indicated a concern that the Waiver should address the

capability of testing a warm rinse. Since New harmony's machines do not

have a warm rinse option, the Department does not agree that this

Waiver should have the capability of testing a warm rinse option. The

Department does concur that this issue may be applicable in the future

and will address this issue in a general test procedure revision.

Conclusion

It is therefore ordered that:

(1) The ``Petition for Waiver'' filed by New Harmony [Case No CW-

001] 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, New Harmony shall be

permitted to test its series 1 and 2 clothes washers with the

modification set forth below:

(i) Add new Sec. 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 Sec. 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

Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 3.2.1.1 for a

test load as specified in Sec. 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 Sec. 3.2.1.2 for a test

load as specified in Sec. 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 Sec. 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 Sec. 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 Sec. 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) Sec. 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

New Harmony's series 1 and 2 clothes washers.

(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 New

Harmony on June 15, 1993 (58 FR 33089).

Issued in Washington, DC March 24, 1994.

Frank M. Stewart, Jr.,

Chief of Staff, Energy Efficiency and Renewable Energy.

[FR Doc. 94-7877 Filed 4-1-94; 8:45 am]

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