ALJ Recommendation for Assessment of Civil Penalty Under the EPCA
Office of Hearings and Appeals
October 19, 2023
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On October 19, 2023, an Office of Hearings and Appeals' (OHA) Administrative Law Judge recommended that a civil penalty of $137,696 be assessed against E.L.T. Custom Coolers, LLC (ELT) for violations of the Energy Policy and Conservation Act, 42 U.S.C. § 6291 et seq. (the EPCA) and its implementing regulations.
ELT is a manufacturer of doors for coolers and walk -in freezers which are covered industrial products under the EPCA and DOE's energy conservation standard regulations. The DOE regulations require that manufacturers of such doors submit to the DOE a report certifying that such doors meet the energy conservation standards required under 10 C.F.R. § 102(a)(1) and 10 C.F.R. §429.12.
Upon failure of its model doors to pass the energy efficiency standards or to submit mandated at 10 C
.F.R. Part 429., the Office of the Assistant General Counsel for Enforcement (OGCE) issued a Notice of Proposed Civil Penalty (NPCP) to ELT. An ELT representative requested and was granted an extension to comply with the certification requirement. After the 45-day extension expired without the requested reports, OGCE filed a complaint (Complaint) with OHA against ELT. ELT failed to file any response to the Complaint.
On June 3, 2023, OGCE filed Motions to Deem the Allegations of the Complaint Admitted, and for the issuance of a Decision. The Motions sought rulings deeming each of the allegations set forth in the Complaint as admitted and requested that the ALJ issue a decision against ELT. The ALJ determined that because of the Respondents failure to respond to the Complaint or the Motion for Decision, OGCE's allegations against the Respondents were deemed admitted. The ALJ also found that it was appropriate assess a civil penalty against ELT. Therefore, the ALJ recommended that ELT be assessed a civil penalty of $137,696. (OHA Case No. EEE-23-0007, Cronin)