The Office of General Counsel has issued Notices of Proposed Civil Penalty to Westinghouse Lighting Corporation and Mitsubishi Electric & Electronics USA, Inc. for failing to certify that certain of their products meet the applicable energy conservation standards as required by the Energy Policy Conservation Act (EPCA) and DOE regulations. The Notice issued to Westinghouse proposes payments to the government of $350,400 for failure to certify over 71 types of light bulbs. The Notice issued to Mitsubishi proposes payments to the government of $124,100 for failure to certify 16 models of air conditioners and heat pumps. Unless the manufacturers settle these claims within thirty days, the Department will file actions either in District Court or with an Administrative Law Judge to demand payment for the failure to certify these products.
Under federal law, manufacturers of some products covered by EPCA are required to certify with the Department that their models meet the applicable energy conservation standards. These certification reports provide DOE with information critical to determining that American consumers are buying products that deliver significant energy and cost savings in accord with DOE’s regulations. These Notices are a part of DOE’s renewed efforts to aggressively and consistently enforce violations of its certification requirements, including seeking civil penalties where appropriate.