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B-331761 1 (2020-01-28)

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G      A     O       U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-331761


January 28, 2020

The Honorable Lisa Murkowski
Chairman
The Honorable Joe Manchin
Ranking Member
Committee on Energy and Natural Resources
United States Senate

The Honorable Frank Pallone, Jr.
Chairman
The Honorable Greg Walden
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Department of Energy: Energy Conservation Program: Energy Conservation Standards
        for Uninterruptible Power Supplies

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Energy (DOE) entitled Energy Conservation Program:
Energy Conservation Standards for Uninterruptible Power Supplies (RIN: 1904-AD69). We
received the rule on January 14, 2020. It was published in the Federal Register as a final rule
on January 10, 2020. 85 Fed. Reg. 1447. The effective date of the rule is March 10, 2020.

In this final rule DOE adopts new energy conservation standards for uninterruptible power
supplies (UPS), a class of battery chargers, pursuant to the Energy Policy and Conservation Act
of 1975 (EPCA). 42 U.S.C. §§ 6291-6309. DOE determined that the new energy conservation
standards for these products would result in significant conservation of energy and are
technologically feasible and economically justified.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). This rule was published on January 10, 2020, but
not received until January 14, 2020. It has a stated effective date of March 10, 2020, but
compliance with the new energy standard is not required until January 10, 2025. To the extent
that the rule purports to be effective on March 10, 2020, it does not have the required 60-day
delay in effective date.

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