“Without due process and analytical transparency, purported societal benefits become even more debatable. The U.S. Department of Energy (DOE) is supposed to comply with Executive Orders (EO) 12988 and 13132 to minimize litigation, eliminate ambiguity, and reduce regulatory burdens.”
“In the realities of a competitive marketplace, such policies can and do abuse consumers’ best economic interests. By claiming some sort of market failure, DOE is authorized to force ‘energy efficiency’ investments’ upon consumers.”
On January 23rd, 2013, MasterResource published Gas Furnace Rule: Beware of “Scorched Gas” Policy. [1] The opening paragraph stated:
“Hurrah” to the American Public Gas Association (APGA), a small trade group that was willing to step-up to U.S. Department of Energy (DOE) and other special-interest organizations that want energy efficiency at any cost to the American consumer.…
To begin, let’s review some basic HVAC (heating, ventilation, and air conditioning) principals. Heat pumps are basically just air-cooled electric air conditioners that, in addition to taking heat out of a home (in the cooling season) can also be made to run backwards to provide heat to homes (in the heating season). This dual heating and cooling ability is accomplished by the relatively simple reversal of refrigerant flow through an additional control valve.
So-called “geothermal” heat pump are basically just heat pumps that, instead of exchanging heat in the refrigerant with outside air, exchange heat with pipes buried a few feet deep in the yard. In order to minimize the extra amount of refrigerant that would be needed for the vast amount of buried pipe necessary with “geothermal” heat pump systems, intermediate heat exchangers and common “antifreeze solutions” are employed instead.…
“A representative group of stakeholders developing a joint proposal does not relieve DOE of its obligation to consult with other ‘interested’ stakeholders, nor does it allow DOE to ignore substantive adverse comments.”
Should U.S. Department of Energy (DOE) rulemaking procedures be transparent and even-handed?
Of course they should. It is in the public interest for any regulatory agency to consider all viewpoints, even if those viewpoints may not coincide with the government’s particular philosophy at the time. The regulatory process, which places great power in the hands of regulators (like it or not), only succeeds if all voices are heard, arguments weighed, and a clear explanation of both the how and why particular claims prevailed and conclusions reached.
And, when the regulatory process relies upon data, it is also essential for an agency to make available to the public the data gathered and analyzed by the agency prior to any significant action (i.e.,…