United States. The Air Conditioning, Heating and Refrigeration Institute (Ahri) reached an agreement on a litigation it brought against the U.S. Department of Energy (DOE) challenging DOE's final rule, published on June 3, 2014, which sets energy efficiency standards for commercial walk-in refrigerators and freezers (WICF).
In briefs filed earlier this year, AHRI argued that DOE had erred in numerous ways about adopting the WICF standard — including setting internally inconsistent standards that were unattainable using economically viable technologies, by performing poor cost-benefit work, and by failing to adequately analyze the impacts of small businesses. AHRI also stated that DOE had given the opportunity to pinpoint several of its errors in a request for reconsideration. DOE argued that it lacked the power to fix such errors in the absence of a court order.
"It is unfortunate that we have had to apply for judicial review, but we are pleased that we have been able to reach a friendly settlement agreement with DOE and other stakeholders," said Stephen Yurek, President and CEO of AHRI. "We look forward to negotiating the regulatory process that DOE agreed to support. This will ensure that the energy efficiency standards vacant in the agreement for the replacement of equipment types are achievable and will deliver energy savings and continued product utility at reasonable prices that DOE and consumers are so eagerly await."
The agreement, which still requires the approval of the fifth circuit, includes the following provisions:
• Cooling standards will be free for multiplex systems at medium and low condensation temperatures, and for condensation systems dedicated to low temperatures. DOE will support the use of a negotiated regulatory process in relation to free standards, with a specific end date of January 2016 for this negotiated regulatory process.
• DOE will align the WICF refrigeration application dates by issuing an executive power policy making it clear that it will not meet the remaining WICF refrigeration standards until January 1, 2020, provided that the negotiated regulatory process delivers standards proposed by DOE until January 22, 2016. WICF standards for doors and panels are not affected by the agreement.
• DOE will consider and substantively address as part of the negotiated regulatory process the potential impacts of standards relating to smaller installers and manufacturers.
• At six months, DOE will initiate a public process to determine how bug fixes will be addressed in future regulations. DOE has also committed to employing best efforts to finalize the process within one year of the agreement.
