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

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.

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

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