WASHINGTON - The U.S. Department of Energy (DOE) announced that it is requiring AeroSys Inc. to stop distributing two product models - one air conditioner and one heat pump - that DOE testing found to consume more energy than allowed under federal energy efficiency standards. This is the latest step in the Department’s investigation into whether AeroSys has been selling products in the U.S. that violate minimum appliance efficiency standards. This is the first time that DOE has told a company that it must halt the distribution of products that fail to meet minimum standards.

“This action is designed to send a clear message to all manufacturers - this administration takes energy efficiency seriously and we will act aggressively to remove any products from the market that are violating national appliance standards,” said DOE General Counsel Scott Blake Harris. “We will continue to take the steps necessary to protect American consumers and the environment from wasteful and inefficient appliances.”

DOE said it subpoenaed AeroSys’s data on energy use for certain heat pumps and air conditioners last year, before beginning independent testing on seven product models in the fall (six air conditioner models and one heat pump).

Based on the test data, DOE has determined that the AeroSys heat pump (THHP-24T*) and one of the air conditioners (THDC-30T*) consume more energy than allowed under federal law. The noncompliant air conditioner fell below the minimum standard by about 8 percent, while the heat pump fell below by about 4 percent. Another air conditioner (THDC-24T*) was shown to meet federal standards. Testing is continuing on four additional air conditioner models (THDC-18R*, THDC-18S*, THDC-18T*, and THDC-24S*).

DOE’s Office of the General Counsel issued a Notice of Noncompliance to AeroSys, which requires the manufacturer to respond to DOE within 15 days, detailing the steps it will take to remove the two noncompliant models from commerce in the U.S. The company is also required to provide written notification to all businesses where the products were distributed, alerting them that the products consume more energy than allowed by law. If the company fails to respond or effectively explain how these products will be removed from the market, DOE said it will seek a judicial order to prevent their sale.

Publication date: 04/05/2010