This Decision and Order considers an Application for Exception filed by Emerson Motor Technologies (Emerson), seeking relief from the provisions of 10 C.F.R. Part 431, Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures, Labeling and Certification Requirements for Electric Motors. In
its exception request, Emerson seeks retroactive relief that would allow it to sell a single non-conforming electric motor to Entergy Operations, Inc. on a one-time basis. As set forth in this Decision and Order, we have concluded that Emerson’s Application for Exception should be granted.