California Energy Commission Letterhead

In the Matter of:

Complaint / Request for Investigation
Regarding Energy Sense / MASCO

Docket No. 08-CRI-01



Notice of Prehearing Conference and Hearing

Documents for this Proceeding

The Efficiency Committee of the California Energy Commission ("Energy Commission") will conduct a prehearing conference and hearing regarding the complaint / request for investigation filed by California Living & Energy and Duct Testers, Inc. (collectively "complainants"), against Energy Sense / MASCO Group of Companies and Subsidiaries (collectively "respondents"). Commissioner Arthur H. Rosenfeld, PhD., is the Presiding Member and Chairman Jackalyne Pfannenstiel is the Associate Member.

The prehearing conference will be held:

9:30 a.m.
1516 Ninth Street
First Floor, Hearing Room A
Sacramento, California
(Wheelchair Accessible)

The hearing will be held:

WEDNESDAY, DECEMBER 10, 2008 - Canceled - To be rescheduled
9:00 a.m.
1516 Ninth Street
First Floor, Hearing Room A
Sacramento, California
(Wheelchair Accessible)


The prehearing conference in this matter is necessary to clearly understand and articulate the issues to be addressed in the hearing, to ensure that all documents and other information have been provided, and to address outstanding issues in advance of the hearing. The hearing itself will be used to determine the validity of the allegations contained in the complaint, by way of the introduction of testimony, written documents, and other materials. Documents previously filed in this proceeding can be found on the Energy Commission's website at:


On July 9, 2008, the complainants filed a written complaint with the Energy Commission, pursuant to title 20, Section 1231 of the California Code of Regulations ("CCR"). The complaint alleges that respondents are in violation of title 20, Section 1673, subd. (i) (2) of the CCR, in that they provide Home Energy Rating System ("HERS") rating services but are not independent entities from the builder or subcontractor installer of energy efficiency improvements field verified or diagnostically tested.

In Efficiency Committee order dated August 5, 2008, the complaint was served on the respondents by certified mail and via first class mail to interested parties. On August 28, 2008, the respondents filed with the Energy Commission a written answer to the complaint. Respondents denied that they were in violation of the applicable regulations, and asserted several affirmative defenses to the allegations contained in the complaint.

Written Comments

Written comments regarding issues to be addressed at the prehearing conference must be submitted by 5:00 p.m. on October 31, 2008. Comments regarding those issues discussed in the prehearing conference, and related to the hearing, must be submitted by 5:00 p.m. on December 1, 2008. Please include the docket number 08-CRI-01 and indicate Complaint / Request for Investigation Regarding Energy Sense / MASCO in the subject line or first paragraph of your comments. Please hand deliver or mail an original plus 10 paper copies to:

California Energy Commission
Dockets Office, MS-4
Re: Docket No. 08-CRI-01
1516 Ninth Street
Sacramento, CA 95814-5512

The Energy Commission encourages comments by e-mail. Please include your name or organization's in the name of the file. Those submitting comments by electronic mail should provide them in either Microsoft Word format or as a Portable Document File (PDF) to One paper copy must also be sent to the Energy Commission's Docket Unit. Participants may also provide an original and 10 copies at the beginning of the prehearing conference and hearing. All written materials relating to the prehearing conference and hearing will be filed with the Dockets Unit and become part of the public record in this proceeding.

Public Participation

The Energy Commission's Public Adviser's Office provides the public assistance in participating in Energy Commission activities. If you want information on how to participate in this forum, please contact the Public Adviser's Office at (916) 654-4489 or toll free at (800) 822-6228, by FAX at (916) 654-4493, or by e-mail at If you have a disability and require assistance to participate, please contact Lou Quiroz at (916) 654-5146 at least five days in advance.

Please direct all news media inquiries to the Energy Commission Media and Public Communication Office, at (916) 654-4989, or by e-mail at

commissioner signature
Commissioner and Presiding Member
Efficiency Committee

commissioner signature
Chairman and Associate Member
Efficiency Committee