But the NRTLs are accredited and regularly reviewed/inspected by their 
accreditation bodies in order to  stay on OSHAs NRTL list as I am repeatedly 
reminded by the NRTLs otherwise their mark becomes worthless.

-Dave

-----Original Message-----
From: Richard Nute [mailto:ri...@ieee.org] 
Sent: Wednesday, September 03, 2014 6:08 PM
To: EMC-PSTC@LISTSERV.IEEE.ORG
Subject: Re: [PSES] Battery certification issue

On 9/3/2014 11:31 AM, John Woodgate wrote:
> In message
> <b17a1c7235ca48aeb5ff6a4c66495...@blupr02mb116.namprd02.prod.outlook.c
> om> , dated Wed, 3 Sep 2014, Brian Oconnell <oconne...@tamuracorp.com>
> writes:
>
>> Welcome to the North American compliance landscape where the 
>> NRTL/SCC/NOM process allows an agency to cite 'internal' policy and 
>> the assessment engineer's 'judgment' in lieu of any other rationale.
>> Not often, but it does occur.
>
> Isn't that a field-day for lawyers?

No.  The North American certification houses are non-government.
As such, the product they sell is certification (the right to use the mark).  
They can (and do) set any rules they want, including internal policy and 
engineering judgment.  What's worse, they don't have to apply them 
consistently.  (And, they don't have to apply science or engineering.)  You 
either toe the line, or they don't give you the right to use their mark.

The manufacturer hasn't been damaged by the cert house, so there is nothing 
that a lawyer can recover on behalf or the manufacturer.
The manufacturer can go to another cert house.  (I did this once when a cert 
house was intransigent on my product.)

The CB scheme has reduced this somewhat.  Now they worry about (and are driven 
by) what another cert house will think of their appraisal.

Pete's client is SOL (unless Pete can fix the situation).  Maybe the client 
should switch to Li-ion batteries!  :-)


Best regards,
Rich

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