2026-07-04 Comment response to the published Request for information

Petition for a Federal Investigation into the ICC–RESNET Interlocked Building Energy Requirements Ecosystem Submitted to: U.S. Department of Energy U.S. Department of Justice – Antitrust Division RE: DOE Docket No. [EERE-2026-BT-BC-0034] From: Janet Thome President Tiny House Alliance USA I respectfully petition the U.S. Department of Energy and the U.S. Department of Justice to conduct a full federal investigation into the relationship between the International Code Council (ICC) and the Residential Energy Services Network RESNET and what I refer to as the ICC RESNET Interlocked Building Energy Requirements Ecosystem. Based upon years of direct participation in national standards development, extensive independent research, and publicly available documentation, I have concluded that this interlocked ecosystem presents significant antitrust concerns and has created a hub-and-spoke organizational structure, an interlocked governance system, a closed-loop compliance ecosystem, a pay-to-play marketplace, and a blackout of competing standards and competing standards organizations. I have further concluded that this ecosystem has erected barriers to market entry, concentrated influence over building energy requirements, reduced competition, diminished consumer choice, discouraged innovation, increased compliance costs, and contributed to rising construction costs during one of the most significant housing affordability crises in American history. One publicly disclosed example of these interlocked relationships is Mark Johnson, who serves as Chief Operating Officer of the International Code Council while simultaneously serving as President of RESNET. His dual leadership roles are one example of the interconnected relationships presented throughout this petition. This petition requests that DOE and DOJ investigate the cumulative effect of these interlocked relationships across standards development, building energy requirements, accreditation, certification, HERS Rater programs, registry services, proprietary software, inspections, conformity assessment, training, code implementation, and related compliance activities affecting both the residential and commercial building sectors. Matters Requested for Investigation I respectfully request that DOE and DOJ investigate whether the ICC–RESNET Interlocked Building Energy Requirements Ecosystem has created or contributed to: A hub-and-spoke organizational structure. Interlocking leadership and governance. A closed loop compliance ecosystem. A pay to-play marketplace. A blackout of competing standards and competing standards organizations. Significant antitrust concerns. Barriers to market entry. Suppression of competition. Reduced consumer choice. Reduced innovation. Increased compliance costs. Increased construction costs. Increased housing costs. Concentrated influence over building energy requirements. Concentrated influence over standards development. Concentrated influence over accreditation. Concentrated influence over certification. Concentrated influence over HERS Rater programs. Concentrated influence over proprietary software. Concentrated influence over registry services. Concentrated influence over inspections. Concentrated influence over conformity assessment. Concentrated influence over training. Concentrated influence over code implementation. Scope of the Investigation This petition concerns the broader building energy requirements ecosystem affecting both residential and commercial buildings. The investigation requested includes, but is not limited to: Organizational relationships. Leadership interlocks. Governance. Standards development. Building energy requirements. Accreditation. Certification. HERS Rater programs. Registry services. Proprietary software. Inspection services. Conformity assessment. Training. Product evaluation. Code implementation. Horizontal relationships. Vertical integration. Market concentration. Competition. Consumer choice. Barriers to entry. Housing affordability. Construction costs. Please see supportive documents and more information on Tiny House Alliance USA. All my supportive documents were not compatible. DOE Petition To Investigate ICC RESNET Ecosystem https://www.tinyhouseallianceusa.org/doe-petition-to-investigate-icc-resnet-ecosystem/ Respectfully submitted, Janet Thome President Tiny House Alliance USA janet@tinyhouseallianceusa.org Disclaimer: I do not represent ASTM International, and the views, findings, and conclusions expressed in this document are my own, based on my own experience, experience, public information and independent research. This submission is made in my individual capacity as President of Tiny House Alliance USA, in support of transparency, lawful compliance, and open participation in standards development.