“DOE’s recent appliance efficiency ‘determinations’ are doing more harm than good for consumers and defy objectivity and transparency processes required by the Code of Federal Regulations (the Process Rule)….  Accordingly, this program should be dismantled as DOE has once again proven itself to be unworthy of objectively and transparently serving the best interests of American consumers.”

This post updates my September 19th analysis to examine just-filed comments in opposition to the U.S. Department of Energy’s hell-bent strategy of mandating less choice and higher costs for consumers in return for specious benefits.

Background

On August 13, 2023, DOE’s Office of Energy Efficiency and Renewable Energy (EERE) posted a Notice of Proposed Rulemaking for “consumer” boilers.  The comment period ended on October 13^th, 2023.  This NOPR, if finalized, would ban common gas-fired hot water boilers by requiring an AFUE (Annual Fuel Utilization Efficiency) of 95%.…

“It started with gas cooking.  It will end with getting gas out of homes and business entirely, If they can. Basically, what we’re witnessing is the energy equivalent of ethnic cleansing. I’ve been saying this for years but now it should be obvious.”

The U.S. Department of Energy (DOE) under the Biden Administration has significantly accelerated the pace of minimum appliance efficiency rulemaking. With this acceleration, there has been a marked decrease in DOE’s analytical quality and transparency. The purpose of this update is to summarize:

1. Energy Conservation Standards for Consumer Conventional Cooking Products
2. Energy Conservation Standards for Consumer Products; Boilers
3. Energy Conservation Standards for Consumer Water Heaters

Note: In DOE-speak, the term ‘consumer’ means non commercial/industrial, or just residential.

Part 1: Consumer Cooking Products

On April 27, 2023, MasterResource published DOE vs.…

“All three Notice of Proposed Rulemakings demonstrate the same anti-consumer biases of the Executive Branch’s Department of Energy: to ban non-condensing appliance products. Each suffers the same analytic and procedural defects that caused the Circuit Court to vacate DOE’s Final Rule for commercial boilers.  DOE’s continued flaunting of its authority, despite the Court’s action inspired my post title (above).”

On July 10, 2023, MasterResource published Energy Appliance Victory! (DC Circuit vs. DOE). The “victory” was overturning a DOE Final Rule that would have banned non-condensing commercial boilers.  In so doing, it also rejected the long-standing assumptions with the administrative state’s super weapon; its cherished “Chevron Deference.”[1]

The opening paragraph of my July 10th article read:

“The ‘wheels of justice turn slowly,’ but they indeed turned, even within the District of Columbia’s ‘uni-party.’ As

“The ‘wheels of justice turn slowly,’ but they indeed turned, even within the District of Columbia’s ‘uni-party.’ As for holding on to this victory, it is far from a slam-dunk for preserving consumer choice and free markets. I expect the struggle to escalate in Biden’s all-of-government war against natural gas and other fossil fuels.”

Beleaguered energy consumers were just handed a far-reaching victory by the United States Court of Appeals for the District of Columbia (DC Circuit). The ruling vacated a Final Rule from the U.S, Department of Energy (DOE) that would have banned the manufacture and sale of non-condensing boilers for use in commercial applications. DOE’s rule was challenged several years ago by natural gas interests–and later joined with a separate but similar case brought by the Air-Conditioning, Heating, and Refrigeration Institute (AHRI).…