APPENDIX A TO PART 450-ENERGY PRICE PROJECTIONS APPENDIX B TO PART 450-DISCOUNT FACTORS ADJUST FUTURE PRINCIPAL AND INTEREST AUTHORITY: Part C of Title III, Energy Policy and Conservation Act, (42 U.S.C. 6321 et seq.), as amended by Part B of Title IV, Energy Conservation and Production Act, and Parts G and H of Title III, Energy Policy and Conservation Act, as added by Title III of the National Energy Conservation Policy Act, 92 Stat. 3206 et seq.; Department of Energy Organization Act, (42 U.S.C. 7101 et seq.) SOURCE: 42 FR 33162, June 29, 1977, unless otherwise noted. EDITORIAL NOTE: Regulations in this part are affected by a document published at 44 FR 37938, June 29, 1979. See the redesignation table appearing in the Finding Aids section of this volume. Subpart A-General Provisions § 450.1 Purpose and scope. (a) This part designates energy measures and the types of, and requirements for, energy audits as required by the Department of Energy, pursuant to Section 432(d) of the Energy Conservation and Production Act, Pub. L. 94-385, 90 Stat. 1125 et seq., which adds Section 365(e) (1) and (2), 42 U.S.C. 6325(e) (1) and (2), to the Energy Policy and Conservation Act, 42 U.S.C. 6201 et seq. (b) This part also contains the projections of future energy prices which shall be used in calculating the changes in energy costs which will result from installation of a particular modification in a building or industrial plant, and includes the criteria for determining whether the installation of a particular modication meets certain requirements of the Act for designation as an energy measure. (c) This part also provides the requirements for the conduct of preliminary energy audits and energy audits in accordance with Section 393 and Section 400 C of the Energy Policy and Conservation Act, Pub. L. 94-163, 42 U.S.C. 6321, as amended by Title III of the National Energy Conservation Policy Act, Pub. L. 95-619, 92 Stat. 3206 et seq. [42 FR 37800, July 25, 1977, as amended at 44 FR 19350, Apr. 2, 1979] § 450.2 Uses of energy audit procedures. The requirements of this part shall be used (a) To establish minimum requirements for the type of energy audit to be carried out under a supplemental plan; (b) To provide a process to measure the energy and cost savings to be derived from the installation or implementation of an energy measure; and (c) To provide a process to identify a modification as an energy measure for purposes of the Act. (d) To establish minimum requirements for the preliminary energy audits and energy audits to be carried out under the program of financial assistance for schools and hospitals and the program of financial assistance for units of local government and public care institutions. [42 FR 33162, June 29, 1977, as amended at 44 FR 19350, Apr. 2, 1979] venience and which, although connected to public utilities servicing a building, is not attached to the building in such a way that it would be considered part of the building or building system; for example, room air-conditioners, room heat pumps, room heaters, refrigerators, refrigerator-freezers, clothes washers and dryers, dishwashers, kitchen ranges and ovens, and television sets. Energy consuming articles or devices not classified as an appliance and considered part of a building or building system include, but are not limited to, water heaters, central heat pumps, central air-conditioners, and central heating units. "Approved" means, with respect to an energy measure, any modification which is included on the list of energy measures published by DOE pursuant to section 365(e)(1), 42 U.S.C. 6325(e)(1), of the Energy Policy and Conservation Act. "ASTM Standard” means a standard prescribed by the American Society for Testing and Materials. "Attributed Life” means, with respect to an energy conservation measure, the time period which is equal to either the useful life or 15 years, whichever is less or, with respect to a renewable-resource energy measure, the time period which is equal to either the useful life or 25 years, whichever is less. "Auditor" means any person who conducts an energy audit and certifies it to be in conformance with this regulation. "British Thermal Unit" means the amount of heat required to raise the temperature of one pound of water from 59.5 to 60.5 degrees Fahrenheit at one atmosphere of pressure. "Btu" means British thermal unit or units. "Building" means any structure which includes provisions for a heating or cooling system, or both, or a hot water system, and which was constructed prior to August 14, 1976. "Building Envelope" means all external building surfaces, such as walls, doors, windows, roof, and floors in contact with the ground, which are affected by weather. "Climatic Zone" means a geographical area of the United States designated by DOE. "Compressor Hours" means the average number of hours which an air conditioning compressor must operate to provide the cooling needed for space conditioning for a cooling zone. "Cooling degree days" means the annual sum of the number of Fahrenheit degrees of each day's mean temperature above 65° for a given locality. "Cooling Zone" means a climatic zone based on cooling degree days or compressor hours. "Depletable Energy Resource" means a fossil fuel or nuclear fission fuel. "Distillate Fuel" means those light and middle fuel oil derivatives from petroleum, such as kerosene, home heating oil, range oil, stove oil, diesel fuel, kerosene-type jet fuel, including Numbers 1, 2, 3, and 4 fuel oils. "DOE" means the Department of Energy. "Dual-Purpose Power Plant" means an equipment configuration which produces both electricity and useful thermal energy and which consumes, exclusive of the fuel required to produce the useful thermal energy, less than 7,500 Btu of fuel per kilowatt-hour of electricity produced. "Dwelling Unit" means a house, including a stationary mobile home, an apartment, a group of rooms, or a single room occupied as separate living quarters. "Energy Audit" means a process, carried out in accordance with this part, which identifies and specifies the energy and cost savings which are likely to be realized through the purchase and installation of an energy measure. "Energy Conservation Measure" means a modification which has been determined by means of an energy audit or by DOE, by rule, to be likely to improve the efficiency of energy use and to reduce energy costs in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure, without regard to any tax benefit or Federal financial assistance applicable thereto, within the period of— (1) The useful life of the modification involved; or (2) Fifteen years after the purchase and installation of the modification, whichever is less. The term does not include the purchase or installation of any appliance, any conversion from one fuel or source of energy to another which DOE, by rule, determines is ineligible on the basis that such type of conversion is inconsistent with national policy with respect to energy conservation or reduction of imports of fuels, or any measure or type of measure which does not have as its primary purpose an improvement in efficiency of energy use. "Energy Measure" means an energy conservation measure or a renewableresource energy measure. "Federal Region" means one of the 10 standard regions as described in OMB Circular A-105, Standard Federal Regions. "Heating degree days" means the annual sum of the number of Fahrenheit degrees of each day's mean temperature below 65° for a given locality. "Heating Zone" means a climatic zone based on heating degree days. "HVAC" means heating, ventilating and air conditioning. "IEEE Standard” means a standard prescribed by the Institute of Electrical and Electronic Engineers. "Industrial Plant" means any fixed equipment or facility which is used in connection with, or as part of, any process or system for industrial production or output and which was constructed prior to August 14, 1976. "Industrial Process" means action or series of actions in connection with, or part of, a process or system contributing to the production or output of an industrial plant. an "Nondepletable Energy Resource" means a type of energy resource other than a depletable energy resource. "Regional Representative" means a Regional Representative of the Department of Energy. "Renewable-Resource Energy Measure" means a modification which has been determined by means of an energy audit or by DOE, by rule, to (1) Involve changing, in whole or in part, the fuel or source of energy used to meet the requirements of such building or plant from a depletable source of energy to a nondepletable source of energy; and (2) Be likely to reduce energy costs in an amount not less than the total cost of purchasing and installing such measure, without regard to any tax benefit or Federal financial assistance applicable thereto, within the period of (i) The useful life of the modification involved, or (ii) Twenty-five years after purchase and installation of the modification, whichever is less. The term does not include the purchase or installation of any appliance. "Residual Fuel" means Numbers 5 and 6 fuel oils, heavy diesel, Navy diesel, Bunker C and all other fuel oils which have a fifty percent boiling point over 700° F in the American Society for Testing Materials D-86 standard distillation test, as reapproved in 1972. "R-Value" means a measurement of the ability of insulation to resist the flow of heat, expressed in English units at the mean temperature of the insulation under design conditions. "Secretary" means the Secretary of the Department of Energy. "Supplemental Plan" means a supplemental State energy conservation plan which is eligible for financial assistance under Part 420, Subchapter E, Chapter II of Title 10, Code of Federal Regulations. "Useful Life" means that period of time for which a modification used under specified conditions is able to fulfill its intended function, and which does not exceed the period of remaining use of the building or that element of the industrial plant which is being modified. that is privileged or confidential within the meaning of the Freedom of Information Act (FOIA) exemption in 5 U.S.C. 552(b) (4), and that disclosure of this information would cause significant corporate competitive damage, must so inform DOE by providing at the time of the submission of the information a detailed item-by-item explanation of whether the information is customarily treated as confidential by the corporation and the industry, and a detailed explanation of the anticipated competitive damage which would result from public disclosure. (d) Prior to disclosing any information other than in response to a request made under 10 CFR Part 1004, DOE will grant any person who submitted information in accordance with paragraph (c) of this section an opportunity to comment on the proposed disclosure by providing at least seven days notice of DOE's determination to disclose such information. For purposes of this paragraph, notice is deemed to be given when mailed to the person who provided the information. (e) Any information submitted to DOE by a corporation or sponsor under this part shall not be considered energy information, as defined by section 11(e) (1) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796), for purposes of any verification examination authorized to be conducted by the Comptroller General under section 501 of the Act. § 445.5 Major energy-consuming industries. (a) For purposes of this part, the following 2-digit SIC code manufacturing industries are the major energy-consuming industries: (1) SIC 20-Food and kindred products; (2) SIC 21-Tobacco products; (3) SIC 22-Textile mill products; (4) SIC 23-Apparel and other textile products; (5) SIC 24-Lumber and wood products; (6) SIC 25-Furniture and fixtures; (7) SIC 26-Paper and allied products; (8) SIC 27-Printing and publishing; § 445.6 Procedures for appeals. Any appeal of a determination by DOE pursuant to any provision of this part shall be filed with the Office of Hearings and Appeals, U.S. Department of Energy, Washington, D.C. 20585, within 30 days of the date of that determination, pursuant to the procedures for such an appeal stated in 10 CFR Part 205, Subpart H. A person has not exhausted its administrative remedies until an appeal has been filed under that subpart, and an order granting or denying the appeal has been issued. § 445.7 General information-gathering authority. In addition to the exercise of authority under Part E of Title III of the |