In the Matter of - U.S. Department of Energy

BEFORE THEU.S. DEPARTMENT OF ENERGYWASHINGTON, D.C. 20585In the Matter of:Leer, Inc.Respondent))))))ORDERCase Number: 2013-CE-5325By the General Counsel, U.S. Department of Energy:I. In this Order, I adopt the attached Compromise Agreement entered into between theU.S. Department of Energy ("DOE") and Leer, Inc. ("Respondent"). The CompromiseAgreement resolves the case initiated to pursue a civil penalty for violations ofthe compliancecertification requirements located at 10 C.F.R. §§ 429.12 and 429.53.2. DOE and Respondent have negotiated the terms of the Compromise Agreement thatresolve this matter. A copy of the Compromise Agreement is attached hereto and incorporatedby reference.3. After reviewing the tenus of the Compromise Agreement and evaluating the factsbefore me, I find that the public interest would be served by adopting the CompromiseAgreement, which completes the adjudication of the case.4. Based on the information in the case file and Respondent's admission of violationin the Compromise Agreement, I find that Respondent committed Prohibited Acts as described at10 C.F.R. § 429.102(a)(1). See 42 U.S.C. §§ 6302,6316.5. Accordingly, pursuant to 10 C.F.R. § 429.120 and 42 U.S.C. § 6303, I HEREBYASSESS a civil penalty of $8,000 AND ORDER that the Compromise Agreement attached tothis Order is adopted.Gregory HYWuodsGenemrCounsel

WHEREAS, DOE has promulgated energy conservation standards for WICF components atI 0 C.P.R. § 431.306 and requires manufacturers to submit information and reports to ensurecompliance with those standards pursuant to 10 C.P.R. §§ 429.12 and 429.53; andWHEREAS, DOE, pursuant to 42 U.S.C. § 6316 and 10 C.P.R. Part 429, Subpart C, isauthorized to assess civil monetary penalties for actions prohibited by the Act, including failingto make reports or provide other required information; andWHEREAS, DOE, on January 31,2013, initiated an action to assess a civil penalty for failing tocertify compliance and submit a certification report for any basic models of WICFs components;andWHEREAS, Respondent admits:I. Respondent manufactures and distributes WICF components;2. These products have been in distribution in the United States since at least October 1,2011;3. WICF components are "covered equipment" as defined in 10 C.P.R. § 431.2; and4. As of January 31,2013, Respondent had not submitted the required certification reportand compliance statement for the WICF components Respondent manufactures; andWHEREAS, DOE, as the agency charged with developing and administering a balanced andcoordinated national energy policy, concludes that, in light of the circumstances, thisCompromise Agreement properly balances the policies recognized in the Energy Policy andConservation Act and is the appropriate way to resolve this matter;NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set forthbelow, the sufficiency and adequacy of which are hereby acknowledged, the Parties agree asfollows:IIiIIII. TERMS OF THE AGREEMENT!. Adopting Order. The Parties agree that the provisions of this Compromise Agreement shallbe subject to final approval by the General Counsel by incorporation of such provisions byreference in the Adopting Order without change, addition, modification, or deletion.2. Obligations of Respondent.a. Respondent agrees to pay the sum of$8,000, as full satisfaction of the civil penaltyproposed in the Notice, within thirty (30) days of the issuance of the Adopting Order.b. Within sixty (60) calendar days following the issuance of the Adopting Order,Respondent will, in accordance with 10 C.P.R. § 429.12, certify all basic models ofall covered products and equipment Respondent distributes in commerce in theUnited States.3. Obligations of DOE.a. In express reliance on the covenants and representations in this CompromiseAgreement and to avoid further expenditure of public resources, DOE agrees toCase No. 2013-CE-5325Page2

accept Respondent's payment pursuant to section III.2 in full satisfaction of thepenalty authorized by the Act.b. DOE agrees to promptly issue an Adopting Order adopting this Agreement.c. DOE agrees to terminate this enforcement action with prejudice upon Respondent'scompletion of its Obligations in accordance with section III.2, above. If Respondentfails to complete its Obligations in accordance with section III.2, above, DOE maynotify Respondent that the Agreement is null and void and may seek the maximumpenalty in accordance with 10 C.F.R. § 429.120.4. Jurisdiction, This Compromise Agreement is entered into pursuant to DOE's authority tointerpret and enforce its rules for energy efficiency and to enter into its own agreementsinterpreting and applying those rules. The Parties agree that DOE has jurisdiction overRespondent and primary jurisdiction over the matters contained in this CompromiseAgreement and has the authority to enter into this Compromise Agt·eement,5. Effective Date. The Parties agree that this Compromise Agreement shall become effectiveon the date on which the General Counsel issues the Adopting Order. Upon release, theAdopting Order and this Compromise Agreement shall have the same force and effect as anyother Order of the General Counsel. Any violation of the Adopting Order or of the terms ofthis Compromise Agreement shall constitute a separate violation of an Agency Order,entitling DOE to exercise any rights and remedies attendant to the enforcement of an AgencyOrder.6. Waivers. Respondent agrees not to seek judicial review or otherwise contest or challengethe validity of the terms and penalties set out in this Compromise Agreement or the Noticeassociated with this case. If either Party (or the United States on behalf of DOE) brings ajudicial action to enforce the terms of this Compromise Agreement, neither Respondent norDOE shall contest the validity of the Compromise Agreement, and Respondent waives anystatutory right to a trial de novo. Respondent hereby agrees to waive any claims it mayotherwise have under the Equal Access to Justice Act, 5 U.S.C. § 504, relating to the mattersaddressed in this Compromise Agreement.7. Final Settlement. The Parties agree and acknowledge that this Compromise Agreementshall constitute a final settlement between the Parties. This Compromise Agreement resolvesonly issues addressed in the Compromise Agreement.8, Merger. This Compromise Agreement constitutes the entire agreement between the Partiesand supersedes all previous understandings and agreements between the Parties, whether oral· or written.9. Modifications. This Compromise Agreement cannotbe modified without the advancewritten consent of both Parties.10. Invaliditv. In the event that this Compromise Agreement in its entirety is rendered invalidby any court of competent jurisdiction, it shall become null and void and may not be used inany manner in any legal proceeding.11. Authorized Representative. Each party represents and warrants to the other that it has fullpower and authority to enter into this Compromise Agreement,Case No. 2013-CE-5325 Page 3

12. Counterparts. This Compromise Agreement may be signed in any number of counterparts(including by facsimile or electronic mail), each of which, when executed and delivered,shall be an original, and all of which counterparts together shall constitute one and the samefully executed instmment.Laura~~~Assistant General Counselfor EnforcementU.S. Department of Energy,z(;_'-(o.Date(Signature)Typed Name: l'fiZ < &. ;./PtJ•»Title: t!#I"M~"' c ..»~lfPtt FttCompany Name: LEtr.< :t,