Ninth Circuit hears argument in lawsuit urging higher minimum efficiency standards for electricity distribution transformers
On March 9, 2009, the United States Court of Appeals for the Ninth Circuit heard oral arguments in People of California v. US Dept. of Energy, a lawsuit brought by the state of California, Earthjustice, the Sierra Club and the Natural Resources Defense Council (NRDC) against the US Department of Energy (DOE) to adopt stronger energy efficiency standards for electricity distribution transformers. Amongst other things, Petitioners argue that, by rejecting a proposal for stronger efficiency standards, DOE failed to "achieve the maximum improvement in energy efficiency" that is "technologically feasible and economically justified," as required by the Energy Policy and Conservation Act (EPCA) and the Energy Policy Act of 1992. In support of this argument, they allege that DOE failed to account for the monetary benefits of reducing carbon dioxide pollution. (Listen to California v. DOE Ninth Circuit oral arguments.)
In October 2007, DOE adopted minimum energy efficiency standards for distribution transformers (72 FR 58190). Electricity distribution transformers (the gray cylinders or boxes seen on utility poles) play a key role in delivering electricity to commercial and residential end users. Electricity travels across transmission lines at high voltages that are not suitable for commercial or home use. Electricity distribution transformers (in combination with substation transformers) reduce the voltages to levels suitable for end users.
According to a recent press release issued by Earthjustice, adopting more stringent standards would avoid the emission of 700 million tons of carbon dioxide – more than what is emitted annually by all US passenger cars – and requiring all new transformers to achieve the same efficiency levels as the best units currently available would eliminate the need for nearly 20 large new power plants by 2038. According to Earthjustice, higher efficiency standards would also reduce costs and improve system reliability for electricity end users, and could save the utility industry, the primary purchaser of distribution transformers, $9 billion.
