(a) General. (1) For those program measures identified in Appendix I, a State or nonregulated utility has the following options regarding audits for dwelling units in residential buildings containing more than four dwelling units (multifamily dwelling units):

(i) Accept the measures indicated by Appendix I for use in multifamily dwelling units.

(ii) Use the DOE multifamily applicability criteria and/or procedures for determining specific cutoffs for heating energy use, cooling energy use, or domestic hot water use in paragraphs (b), (c), (d), and (e) of this appendix for all or some of the program measures identified in Appendix I.

(iii) Develop a method for determining applicability and submit it to DOE for approval in accordance with § 456.306(b).

(2) DOE has not developed multifamily applicability criteria or methods for determining usage cutoff levels for caulking, weatherstripping, duct and pipe insulation, storm or thermal windows, heat reflective and heat absorbing window materials, and IID's. DOE has determined that these measures have the same applicability in multifamily dwelling units as in the prototypical house.

(3) DOE has developed specific applicability criteria for ceiling insulation, floor insulation, wall insulation, clock thermostats, storm or thermal doors, water heater insulation, solar domestic water heaters, replacement solar swimming pool heaters, combined active solar space heating and solar domestic hot water systems, wind energy devices, direct gain systems, window heat gain retardants, window heat loss retardants, solaria/sunspace systems and indirect gain systems.

(4) In addition to the applicability criteria, methods for determining usage cutoff levels have been developed for replacement furnaces or boilers, replacement oil burners, flue dampers, replacement central air-conditioners, solar domestic water heaters, active solar space heating systems and combined active solar space heating and solar domestic hot water systems because they may have significantly different simple paybacks for multifamily dwelling units than for the single family prototypical house. The payback for these measures is dependent on heating energy use, cooling energy use, or hot water use. An audit for each of these measures is required if the annual energy usage or hot water usage in a multifamily dwelling unit is high enough such that a 7year payback is probable. That level of

usage for which a 7-year payback is probable is the cutoff level for that measure.

(b) Applicability criteria. (1) Ceiling Insulation. Ceiling insulation is applicable when the audit is for ceilings separating a conditioned space from an unconditioned space and when it is physically practical to insulate the ceiling.

(2) Floor Insulation. Floor insulation is applicable for floors separating a conditioned space from an unconditioned space and when it is physically practical to insulate the floor.

(3) Wall Insulation. Wall insulation is applicable for walls separating a conditioned space from an unconditioned space and when it is physically practical to insulate the walls.

(4) Storm or Thermal Doors. A storm or thermal door is applicable if the door separates a conditioned space from an unconditioned space.

(5) Clock Thermostats. A clock thermostat is applicable when the thermostat is not part of the furnace.

(6) Water Heater Insulation. Water heater insulation is applicable when there is an individual water heater for that multifamily dwelling unit.

(7) Solar Domestic Water Heaters. A solar domestic water heater is applicable when there is an individual water heater for that multifamily dwelling unit. This measure may also be subject to a hot water usage cutoff.

(8) Combined Active Solar Space Heating and Solar Domestic Hot Water Systems. A combined active solar space heating and solar domestic hot water system is applicable when there is an individual water heater for that multifamily dwelling unit. This measure may also be subject to a hot water usage cutoff.

(9) Wind Energy Devices. A wind energy device is not applicable for multifamily dwelling units.

(10) Replacement Solar Swimming Pool Heaters. A replacement solar swimming pool heater is not applicable for multifamily dwelling units.

(11) Direct Gain Systems. A direct gain systems is applicable when the living area has either a south-facing (+ or -45° of true south) or an integral south-facing (+ or-45° of true south) roof with tilt angle measured from the horizontal greater than the local latitude that is free from major obstruction to solar radiation.

(12) Window Heat Gain Retardants. A window heat gain retardant is applicable when the living area has a window that is not shaded from summer sunshine and the residence has substantial use of energy for air conditioning.

(13) Window Heat Loss Retardants. A window heat loss retardant is applicable

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:

(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.).