EXC-18-0002 - In the Matter of Aero-Tech Light Bulb Co.

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On June 08, 2018, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying an application for exception relief filed by Aero-Tech Light Bulb Co. from the 10 C.F.R. Part 430 Energy Conservation Program: Energy Conservation Standards for Rough Service Lamps and Vibration Service Lamps (Rough Service Conservation Standards). DOE published the final rule codifying the Rough Service Conservation Standards without public comment because the rule copied congressionally-mandated energy conservation standards, verbatim, from the Energy Policy and Conservation Act (EPCA) (42 U.S.C. § 6291 et seq.). OHA's authority to grant exception relief is limited to "a rule, regulation or DOE action having the effect of a rule as defined by 5 U.S.C. 551(4)." Since the Rough Service Conservation Standard is a congressionally-mandated standard, and not the product of any of the discretionary authority that Congress provided to the Secretary of Energy in the EPCA, OHA determined that it lacked jurisdiction to provide the requested exception relief. OHA Case No. EXC-18-0002.