NAFEM Asks For Review On DOE Refrigeration Rule

NAFEM has filed a petition for review in the U.S. Court of Appeals against the U.S. Department of Energy, in response to the DOE’s final rule regarding energy conservation standards for commercial refrigeration equipment. The rule, issued March 28, updates DOE standards set in 2009 and outlines more stringent energy-conservation standards for some classes of commercial refrigeration equipment. NAFEM Pres. Mike Whiteley, who notified members of the petition in a letter last week, stated that the updated rule “has unintended consequences that may negatively impact all product categories.”

NAFEM filed the petition May 23, after extensive participation in the agency’s rulemaking process and months of discussion among NAFEM members, legal counsel and close coordination with the Air-Conditioning, Heating and Refrigeration Institute, which filed a separate petition May 27.

Whiteley noted, “NAFEM members have long worked with government agencies to develop standards that are economically justified, technologically feasible and save energy.” NAFEM’s Technical Liaison Committee spearheaded the association’s efforts to resolve various issues, but NAFEM concluded that the department’s final rule on commercial refrigeration equipment does not meet these criteria. With no further options for additional negotiation, the association decided to challenge the rule in court.