On August 7, 2009, the Ninth Circuit U.S. Court of Appeals issued an order accepting a U.S. Department of Energy (DOE) agreement to review the existing energy efficiency standards for electrical distribution transformers. The agreement is part of a lawsuit settlement reached with the Natural Resources Defense Council, Sierra Club, Earthjustice and several states. It requires DOE to conduct a review of its distribution transformer efficiency standards and publish in the Federal Register, no later than October 1, 2011, either a determination pursuant to the Energy Policy and Conservation Act, that the standards do not need to be amended or a notice of proposed rule-making including new proposed standards. The parties agreed that any proposed rule shall meet all applicable requirements under Energy Policy and Conservation Act, 42 U.S.C sections 6291-6317, and National Environmental Policy Act, 42 U.S.C. sections 4321-4370f. It is possible that this agreement will ultimately result in increased efficiency standards for distribution transformers.
