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The U.S. Department of Energy (DOE) proposed to amend its procedures for correcting pre-publication drafts of energy conservation standard documents in response to a decision by the United States Court of Appeals for the Ninth Circuit regarding the implementation and scope of these procedures.  In this proposal, DOE sought to clarify certain aspects of these procedures. In particular, the proposal clarified DOE’s application of the error correction process and alternatively stated that the process does not in any way restrict, limit, diminish, or eliminate the Secretary’s discretion to determine whether to establish or amend an energy conservation standard, or to determine the appropriate level at which to amend or establish any energy conservation standard. DOE is working on the final rule.