when the living area has a window with fewer than three panes.

(14) Solaria/sunspace Systems. A solaria/ sunspace system is applicable when the living area has either a south-facing (+ or -45° of true south), ground level wall, or a south-facing adjacent patio, porch or balcony that is free from major obstruction to solar radiation and can support the weight of a retrofit solaria/sunspace.

(15) Indirect Gain Systems. A Thermosyphon Air Panel is applicable when the living area has a south-facing (+ or -45° of true south) wall which is not solid masonry construction, which is accessible for installation from the outside and is free from major obstruction to winter insulation. A Trombe wall is applicable when the living area has a south-facing (+ or -45° of true south) solid masonry wall that is accessible for installation from the outside and is free from major obstruction to solar radiation. A water wall is applicable when the living area has a south-facing (+ or -45° of true south) ground level wall that is free from major obstruction to solar radiation, and the ground level floor is slab on grade or has sufficient structural strength to support a water wall.

(c) Heating Energy Use Cutoffs. Heating energy use cutoffs shall be determined for replacement furnances or boilers, replacement oil burners, flue dampers, active solar space heating, and combined solar space heating and solar domestic hot water systems. After all heating energy use cutoff levels for each category of fuel type have been determined, a State has the option to use the lowest of these levels as the cutoff for all of the heating measures. The auditor will audit for a measure if the annual heating energy use of the dwelling is greater than the heating energy use cutoff for that measure. The annual heating energy use of a dwelling unit must be determined by removing the contribution of nonspace heating sources (such as water heating or lighting) from the total energy usage.

(1) Replacement Furnace or Boiler. The following formula shall be used to determine the heating energy use cutoff for oil, gas, electric, and heat pump heating systems:

LEP local energy price, $/unit energy (same energy units as ERBCO)

7 is the payback period in years

0.18 is a high estimate of the proportion of heating energy that may be saved due to a replacement oil burner.

(3) Flue Damper. The following formula shall be used to determine the heating energy use cutoff for flue dampers for gas heating systems.

LEP local energy price, $/unit energy (same energy units as EFDCO)

7 is the payback period in years

0.1 is a high estimate of the proportion of heating energy that may be saved due to a flue damper.

(4) Active Solar Space Heating. (i) The cost of active solar space heating systems depends on insulation as well as heating energy use, which makes it difficult to produce a generic formula that will indicate the annual heating energy use cutoff level which corresponds to a 7-year simple payback. Therefore, a State shall determine the heating energy use cutoff level by calculating the simple payback associated with a range of annual heating energy uses and then, by successive approximation, determine the heating energy use cutoff level that corresponds to a 7-year simple payback.

(ii) Use the following procedure to determine the heating energy use cutoff for solar space heating:

(A) Determine savings (using each heating fuel type) and costs for active solar space heating using an approved audit procedure, such as the Model Audit, for a range of annual heating energy uses. For each fuel, choose an annual heating energy use cutoff level, based on these calculations, which corresponds to a 7-year simple payback.

(B) Calculations should assume: no obstruction to solar radiation; due south orientation of collectors; a solar savings fraction consistent with the values given in the Model Audit for the climate (solar savings fraction is the percent of the heating load provided by the Solar system); enough roof area to provide the solar savings fraction indicated above; and the tilt of the collector should be optimal for the specified latitude.

(5) Combined Solar Space Heating and Solar Domestic Hot Water Systems. (i) The cost of combined active solar space heating and solar domestic hot water systems depends on insulation as well as heating energy use which makes it difficult to produce a generic formula that will indicate the annual heating energy use cutoff level which corresponds to a 7-year simple payback. Therefore, a State shall determine the heating energy use cutoff level by calculating the simple payback associated with a range of annual heating energy uses and then by successive approximations deter

mine the heating energy use cutoff level that corresponds to a 7-year simple payback.

(ii) Use the following procedures to determine the cutoff for combined solar space heating and domestic hot water systems.

(A) Determine savings (using each heating fuel type) and costs for active solar space heating using an approved audit procedure, such as the Model Audit, for a range of annual heating energy uses. For each fuel, choose an annual heating energy use cutoff level, based on these calculations, which corresponds to a 7-year simple payback.

(B) Calculations should assume: no obstruction to solar radiation; due south orientation of collectors; a solar savings fraction consistent with the values given in the Model Audit for the climate (solar savings fraction is the percent of the heating load provided by the solar system); enough roof area to provide the solar savings fraction indicated above; the tilt of the collector should be optimal for the specified latitude; and the hot water usage is 80 gallons per day with the water temperature set at 120° F.

(d) Cooling Energy Use Cutoffs. (1) Cooling energy use cutoffs shall be determined for replacement central air-conditioners.

(2) Replacement Central Air-Conditioners. (i) The following formula shall be used to determine the cooling energy use cutoff for replacement central air-conditioners:

COP new = improved coefficient of performance of new system.

(ii) The value of 0.46 may be used for ACOP. This value is based on an assumed existing SEER of 6.6 (COP of 1.9) and a new SEER of 12.0 (COP of 3.5).

(iii) An audit should be conducted for replacement central air-conditioners if the annual cooling energy use of the dwelling unit is greater than the cooling energy cutoff. The annual cooling energy use of the dwelling unit shall be determined by removing the contribution of noncooling sources,

(such as lighting, appliances, and water heating) from the total energy consumption.

(e) Domestic Hot Water Use Cutoff. (1) A domestic hot water use cutoff level shall be determined for solar domestic hot water systems. The cost of solar domestic water heater systems depends on insulation as well as hot water use which makes it difficult to produce a generic formula which will indicate the hot water use cutoff level which corresponds to a 7-year simple payback. Therefore, a State shall determine the simple payback associated with a range of daily hot water uses and then by successive approximation determine the hot water use cutoff level that corresponds to a 7-year simple payback.

(2) Solar Domestic Hot Water System. Use the following procedures to determine the domestic hot water use cutoff for solar domestic hot water systems.

(i) Determine savings (for each water heating fuel type) and costs for solar domestic hot water, using an approved audit procedure, such as the DOE Model Audit, for a range of gallons per day of hot water usage.

(ii) Based on the sample calculations, determine what is the gallons-per-day cutoff level for each fuel type which corresponds to a 7-year simple payback. Calculations should assume: no obstruction to solar radiation; due south orientation of collectors; a solar savings fraction consistent with the values given in the Model Audit for the climate (the solar savings fraction is the percent of the water heating load provided by the solar system); enough roof area to provide the solar savings fraction indicated above; and the tilt of the collector should be optimal for the specified latitude.

(iii) This gallons-per-day number shall be used as a cutoff level for determining whether to audit for a solar domestic hot water system in a multifamily dwelling unit. A method must be developed for auditors to determine gallons-per-day usage at the dwelling unit. (For example, the DOE Model Audit determines gallons-per-day usage using the number of people in residence and the presence of a dishwasher and/or a washing machine.)

PART 459-RESIDENTIAL ENERGY EFFICIENCY PROGRAM

Sec.

459.101 Purpose and scope.

459.102 Availability of financial assistance. 459.103 Award and administration of financial assistance. AUTHORITY: Part 5 of Title II of the National Energy Conservation Policy Act, 42 U.S.C. 8235 et seq., as added by Subtitle C of Title V of the Energy Security Act; Depart

ment of Energy Organization Act, 42 U.S.C. 7101 et seq.

SOURCE: 47 FR 19982, May 10, 1982, unless otherwise noted.

§ 459.101 Purpose and scope.

As required by section 265(b) of the National Energy Conservation Policy Act, as amended, 42 U.S.C. 8235d, this part sets forth the procedures for awarding and administering financial assistance under the Residential Energy Efficiency Program.

§ 459.102 Availability of financial assist

ance.

No financial assistance will be made available under this part without a prior solicitation issued in accordance with 10 CFR Part 600 and then only subject to the availability of appropriated funds. The Department of Energy will not consider any unsolicited proposal for financial assistance under this part.

§ 459.103 Award and administration of financial assistance.

The award and administration of financial assistance under this part are governed by:

(a) Part 5 of Title II of the National Energy Conservation Policy Act, as amended, 42 U.S.C. 8235 et seq.; and

(b) Applicable provisions of 10 CFR Part 600, insofar as these provisions do not conflict with Part 5 of Title II of the National Energy Conservation Policy Act, as amended.

PART 463-ANNUAL REPORTS FROM STATES AND NONREGULATED UTILITIES ON PROGRESS IN CONSIDERING THE RATEMAKING AND OTHER REGULATORY STANDARDS UNDER THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978

Sec.

463.1 Purpose and scope. 463.2 Definitions.

463.3 Reporting requirement.

AUTHORITY: Public Utility Regulatory Policies Act of 1978, Pub. L. 95-617 (16 U.S.C. 2601 et seq.); Department of Energy Organization Act, Pub. L. 95-91 (42 U.S.C. 7101 et seq.).

As used in this part

"Covered electric utilities" and "covered nonregulated electric utilities" mean those electric utilities whose total sales of electric energy for purposes other than resale exceeded 500 million kilowatt-hours during any calendar year beginning after December 31, 1975, and before the immediately preceding calendar year.

"Covered gas utilities" and "covered nonregulated gas utilities" mean those gas utilities whose total sales of natural gas for purposes other than resale exceeded 10 billion cubic feet during any calendar year beginning after December 31, 1975, and before the immediately preceding calendar year.

"DOE" means the Department of Energy.

"Electric utility" means any person, State agency or federal agency which sells electric energy.

"Federal agency" means an executive agency (as defined in section 105 of Title 5 of the United States Code). "Gas utility" means any person, State agency or Federal agency engaged in the local distribution of natural gas and the sale of natural gas to any ultimate consumer of natural gas. "Nonregulated electric utility" means any electric utility with respect to which no State regulatory authority has ratemaking authority.

"Nonregulated gas utility" means any gas utility with respect to which no State regulatory authority has ratemaking authority.

"Person" means an individual, partnership, corporation, unincorporated

association or any other group, organization or entity.

"PURPA" means the Public Utility Regulatory Policies Act of 1978, Pub. L. 95-617, 92 Stat. 3117 et seq.

"Rate" means (a) any price, rate, charge or classification made, demanded, observed, or received with respect to the sale of electric energy by an electric utility to an electric consumer or the sale of natural gas to a gas consumer, (b) any rule, regulation, or practice respecting any such rate, charge or classification, and (c) any contract pertaining to the sale of electric energy to an electric consumer or the sale of natural gas to a gas con

sumer.

"Ratemaking authority" means authority to fix, modify, approve or disapprove rates.

"Sale" means a transfer to a purchaser for consideration, and when used with respect to electric energy includes any exchange of electric energy, and when used with respect to natural gas includes any exchange of natural gas.

"State" means a State, the District of Columbia, and Puerto Rico.

"State agency" means a State agency, political subdivision thereof, and any agency or instrumentality of either.

"State regulatory authority" means any State agency which has ratemaking authority with respect to the sale of electric energy by any electric utility, or the sale of natural gas by any gas utility, other than by such State agency, and in the case of an electric utility with respect to which the Tennessee Valley Authority has ratemaking authority, such term means the Tennessee Valley Authority.

§ 463.3 Reporting requirements.

(a) Each State regulatory authority, with respect to each covered electric and gas utility for which it has ratemaking authority, and each covered nonregulated electric and gas utility shall report to DOE, on or before the effective date of this rule in 1982, and by February 28 of each year from 1983 through 1989, on its progress in considering the ratemaking and other regulatory standards established by sec

tions 111(d), 113(b) and 303(b) of PURPA. Any State regulatory authority or covered nonregulated electric and gas utility which has, on or before the date that this rule becomes effective, previously filed a report which covers any portion of the year 1981 shall not be required to file any other report on this subject in 1982.

(b) The requirements of paragraph (a) of this section do not apply to the operations of an electric or gas utility, or to proceedings respecting such operations, to the extent that such operations or proceedings relate to sales of electric energy or natural gas for purposes of resale.

(c) The reporting period for reports required by paragraph (a) of this section shall be the 12 month period ending December 31 of the year in which the report is due, except that the reporting period for the report due on the effective date of this rule shall be July 1, 1980, through December 31, 1981.

(d) The report required by paragraph (a) must be submitted on Form ERA-166: PURPA Annual Report on Electric and Gas Utilities, as it may be revised from time to time. (OMB control number 1904-0060)

[44 FR 47321, Aug. 13, 1979, as amended at 46 FR 63209, Dec. 31, 1981; 47 FR 33680, Aug. 4, 1982]

Authorization Act of 1977, title V of Pub. L. 95-39, 91 Stat. 191 et seq. (42 U.S.C. 7001 et seq.); Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 965 et seq. (42 U.S.C. 7101 et seq.); Federal Grant and Cooperative Agreement Act of 1977, Pub. L. 95-224, 92 Stat. et seq. (41 U.S.C. 501 et seq.); Section 1007(b) of the Omnibus Budget Reconciliation Act of 1981, Pub. L. 97-35, 95 Stat. 611 (42 U.S.C. 7270 Note); E.O. 12009 (42 FR 46267); E.O. 12291 (46 FR 13193).

SOURCE: 48 FR 32724, July 18, 1983, unless otherwise noted.

§ 465.1 Purpose and scope.

This part contains the regulation adopted by DOE to establish a comprehensive Energy Extension Service program which shall

(a) Establish a positive energy outreach program directed toward small businesses and individual energy users and the organizations that influence their energy consumption;

(b) Stimulate, provide for and supplement programs for the conduct of evaluation, planning and other technical assistance of energy conservation efforts, including energy outreach activities of States; and

(c) Provide financial and technical assistance to the States for State plans which contribute to the implementation of the comprehensive Energy Extension Service program.

As used in this part

Act means the National Energy Extension Service Act, title V of Pub. L. 95-39, 42 U.S.C. 7001 et seq.

Barriers to energy conservation means problems or obstacles identified by small energy users which prevent or hinder them from adopting conservation techniques and technologies.

Building means any structure which includes provisions for a heating, cooling or hot water system, or which is used as a residential dwelling unit.

Community action agency means a private corporation or public agency established pursuant to the Economic Opportunity Act of 1964, Pub. L. 88452, 42 U.S.C. 2701 et seq., which is authorized to administer funds received from Federal, State, local or private funding entities to assess, design, oper