Description: Petition for reconsideration of energy efficiency standards for microwave ovens.
Landmark Legal Foundation Petition for Reconsideration: Energy Conservation Program for Consumer Products
Filing Date Type File Action Taken Summary 12/31/2013 Federal Register Notice Download Notice of denial of petition for reconsideration published. On December 31, 2013, the U.S. Department of Energy (DOE) published notice that it had denied the petition for reconsideration of the microwave oven energy efficiency standard. DOE indicated that the social cost of carbon (SCC) values used in the proposed rule and in the final rule had not affected DOE’s decision because the estimated benefits of the proposed and final standard exceeded the standard’s costs even without considering SCC values. In fact, the proposed and final standard were the same. DOE also said that the use of an updated SCC value in the final rule did not violate the Administrative Procedure Act’s notice and comment requirements because, among other reasons, DOE had indicated in its notice of proposed rulemaking that the SCC values were subject to change based on improved scientific and economic understanding of climate change and because the change in the SCC values reflected refinements to underlying models, not to methodology or federal government inputs such as discount rates, population growth, climate sensitivity distribution, or socio- economic trajectories. 08/16/2013 Federal Register Notice Download Notice of petition for reconsideration published. On August 16, 2013, the Office of Energy Efficiency and Renewable Energy of the U.S. Department of Energy (DOE) published a notice in the Federal Register that it had received a petition from the Landmark Legal Foundation (LLF) for reconsideration of the final rule for Energy Conservation Standards for Standby Mode and Off Mode for Microwave Ovens. The notice indicated that LLF requested reconsideration because the final rule (78 Fed. Reg. 36,316) used a different “social cost of carbon” than the supplementary notice of proposed rulemaking. The August 16 notice sought comment on whether to undertake the requested reconsideration. The comment deadline was September 16, 2013.