October 2, 2018

DOE ordered Nor-Lake, Inc. (“Nor-Lake”) to pay a $16,000 civil penalty after finding that Nor-Lake failed to properly test and certify a basic model of walk-in freezer panels in accordance with DOE Rules prior to distribution in commerce in the United States.  The Order adopted a Compromise Agreement, which reflected settlement terms between DOE and Nor-Lake.

DOE alleged in a August 29, 2018 Notice of Proposed Civil Penalty that Nor-Lake failed to properly certify basic model "4” Wall Panel" (the basic model) prior to distribution in commerce due to a lack of sufficient test data.  DOE regulations require a manufacturer to submit reports certifying that its products have been tested in accordance with the applicable DOE test procedure and meet the applicable energy conservation standards.  This civil penalty notice advises the company of the potential penalties and DOE's administrative process, including the company's right to a hearing.

On January 19, 2017, DOE issued a Notice of Noncompliance Determination to Nor-Lake, finding that the basic model does not comply with applicable energy conservation standards based on DOE testing.  A Notice of Allowance was issued by DOE to Nor-Lake on April 7, 2017, after Nor-Lake provided information that it modified the basic model and provided test results for the modified new basic model.