BEFORE THE OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY UNITED STATES DEPARTMENT OF ENERGY
WASHINGTON, D.C.
Docket Number EERE-2014-BT-STD-0031/ RIN NO. 1904-AD20
SUPPLEMENTAL COMMENTS OF THE AMERICAN PUBLIC GAS ASSOCIATION ON THE NOTICE OF DATA AVAILABILITY
November 6, 2015
The American Public Gas Association (APGA) submits these comments in response to
the October 23, 2015 notice in the Federal Register (80 Fed. Reg. 64370) reopening of public
comments in this proceeding on the notice of data availability (NODA) published by the Office
of Energy Efficiency and Renewable Energy, Department of Energy (DOE) on September 14,
2015 (80 Fed. Reg. 55038).*1 In the NODA, DOE indicated that it had “completed a provisional
analysis of the potential economic impacts and energy savings that could result from
promulgating amended energy conservation standards for residential non-weatherized gas
furnaces (NWGFs) that include two product classes defined by input capacity …” (Id.) DOE
asked for “comments, data, and information regarding this analysis” (id. at 55045), such
comments to be filed by October 14, 2015.
On September 15, 2015, the American Gas Association (AGA) and APGA submitted a
data request (Joint Request *2), noting that filing meaningful comments “is impossible without
being provided additional data by DOE underlying and explaining the NODA and the
accompanying spreadsheets, and then having a technical conference to discuss the data.” (Joint
Request at 1. *3) The Joint Request asked DOE for an extension of time to review and analyze the
requested data before filing comments.
DOE declined to respond to the Joint Request before the October 14, 2015 DOE deadline
for initial comments, so APGA (and others) filed comments (including an analysis by the Gas
Technology Institute) in accordance with the terms of the NODA on October 14. APGA pointed
out in its comments, among other things, that it was handicapped in its analysis by DOE’s refusal
to provide the requested data, but nonetheless, based on the data accompanying the NODA, did
point out some of the serious shortcomings in the NODA. APGA’s comments were posted to the
DOE website on October 16.*4
On October 15 (at around 11:43 a.m.), APGA was served electronically with a DOE
email indicating that DOE “has issued a pre-publication Federal Register notice reopening the
comment period regarding the Notice of Data Availability (NODA) concerning residential
furnaces. The comment period is reopened for an additional 14 days after publication in
the Federal Register. (October 15, 2015).” Later on October 15 (at around 8:16 p.m.), APGA
was served electronically with a DOE email indicating that DOE was posting “documents
regarding the notice of data availability for energy conservation standards for residential
furnaces.”
The pre-publication notice indicated that DOE was reopening the public comment period
in response to the Joint Request from APGA and AGA (see 80 Fed. Reg. at 64371). The prepublication
did not share with the reader why DOE declined to inform APGA/AGA (or the
public generally) before the October 14 comment deadline that it was intending to provide the
requested data and extend the comment deadline. Nor did the pre-publication notice address
why certain parties allied with the DOE position on furnace rules seemed to be aware of the
deadline extension prior to its issuance. And, finally, the pre-publication notice did not address
the serious due process ramifications of posting on October 16 APGA’s timely-filed comments
so that the parties allied with DOE could respond to those comments on November 6 in response
to the pre-publication notice.
DOE obviously knew well ahead of the October 14 deadline that it was going to produce
additional data regarding the NODA in response to the Joint Request and to extend the deadline
for comments, as such decisions are not made on the spur of the moment. It also knew that given
the October 14 deadline set forth in the NODA, parties like APGA, unless timely informed of an
extension, would be spending their limited resources on legal and analytical input so that
comments could be filed on the October 14 date designated in the NODA. Yet, DOE remained
silent (as least as to those parties seeking the data and seeking more time), knowing full well that
its actions would prejudice those parties that filed comments timely.
Unfortunately, it appears to APGA that these actions by DOE were premeditated and, as
noted, are highly prejudicial to APGA and like-situated parties; APGA has expressed these
sentiments to the DOE Secretary in a letter dated October 22, 2015 (attached). APGA has also
determined that the expenditure of additional of its limited resources at this time to conduct
analyses using the data released on October 15 would not be an efficient use of its limited
resources, as DOE appears determined to pursue a pre-set course without regard to the data in the
record. Since insanity is often defined as doing the same thing over and over again and
expecting a different outcome *5 and since DOE seems impervious to data showing pronounced
flaws in its life-cycle cost analysis, APGA will defer any further analyses until a supplemental
NOPR is issued in this proceeding, accompanied by the necessary technical support document.
Respectfully submitted,
AMERICAN PUBLIC GAS ASSOCIATION
By: Bert Kalisch
APGA President and CEO
November 6, 2015
Notations:
*1 APGA is the national association for publicly-owned natural gas distribution systems. There
are approximately 1000 public gas systems in 37 states, and over 700 of these systems are APGA
members.
*2 Http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=EERE-
2014-BT-STD-0031-0168.
*3 In addition, the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) submitted a data
request on September 15.
*4 Http://www.regulations.gov/#!docketBrowser;rpp=25;po=50;dct=PS;D=EERE-2014-BT-STD-
0031-0180.
*5 This definition is often attributed to Albert Einstein, though that attribution appears
problematic.
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