[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1382]
[[Page Unknown]]
[Federal Register: January 20, 1994]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders; Week of October 25 Through
October 29, 1993
During the week of October 25 through October 29, 1993, the
decisions and orders summarized below were issued with respect to
appeals and applications for other relief filed with the Office of
Hearings and Appeals of the Department of Energy. The following summary
also contains a list of submissions that were dismissed by the Office
of Hearings and Appeals.
Appeals
Dr. Armen Victorian, 10/27/93, LFA-0323
Dr. Armen Victorian filed an Appeal from a partial denial by the
Albuquerque Operations Office of a Request for Information which Dr.
Victorian had submitted under the Freedom of Information Act (the
FOIA). In considering the Appeal, the DOE found that one document which
was initially withheld under Exemption 5 contained only one
deliberative paragraph, and the rest of the document should be released
to the public. An important issue that was considered in the Decision
and Order was the application of the new Department of Justice policy
which recommends discretionary disclosures when possible, and limits
the defense of FOIA appeals to cases where the agency can reasonably
foresee harm from the public disclosure of requested information.
Because the DOE found no foreseeable harm from the release to the
public of the non-deliberative material, the Appeal was granted.
Natural Resources Defense Council, 10/26/93 KFA-0043
Natural Resources Defense Council (NRDC) filed an Appeal from a
denial by the Albuquerque Operations Office of a request for
information that it filed under the Freedom of Information Act (FOIA).
In considering the information that was withheld, pursuant to a review
by the DOE's Office of Classification, as classified material under
Exemption 3 of the FOIA, the DOE determined that a small portion of
previously withheld material could now be released as the result of
more precise deletions. The remaining withheld material continues to be
properly classified under Exemption 3, and under Exemption 1 as well,
and therefore may not be released. Accordingly, the Appeal was granted
in part and denied in part.
Refund Applications
Atlantic Richfield Company/Peckhan Materials Corporation, 10/29/93,
RF304-13720
The DOE issued a Decision and Order granting an Application for
Refund filed on behalf of the Peckham Materials Corporation (Peckham)
in the Atlantic Richfield Company Subpart V special refund proceeding
(Case No. RF304-13720). The Peckham Application for Refund was based
upon purchases of 12,000,000 gallons of liquid asphalt for end-use.
However, cost escalation contract provisions covered approximately 26.5
percent of Peckham's purchases of asphalt in 1974. Because Peckham was
not injured in those instances in which cost adjustment clauses were in
effect, they are ineligible to receive refunds for the purchases
covered by such clauses. Therefore, the purchases that formed the basis
for the refund request, i.e., 12,000,000 gallons, were reduced by 26.5
percent (3,180,000 gallons) for which Peckham received compensation
under price adjustment clauses. Based upon purchases of 8,820,000
gallons of liquid asphalt, Peckham was granted a refund of $10,911,
representing $6,483 in principal and $4,428 in interest.
M & M Transportation Co., 10/28/93, RF272-90211
LK, Inc. filed an Application for Refund in the crude oil refund
proceeding with respect to purchases made by M & M Transportation
Company (M&M), a bankrupt firm. In support of its claim, LK submitted
an Assignment by which M&M transferred its rights to crude oil refunds
to LK. In considering the application, the DOE found that granting the
refund would be consistent with the restitutionary purposes of the
crude oil refund proceeding. Accordingly, the application was approved
and LK was granted a refund of $10,676.
Texaco Inc./ Cook & Cooley, Inc., 10/28/93, RF321-19434
The DOE issued a Decision and Order granting an Application for
Refund filed by Triton Fuel Group, Inc. (Triton) in the Texaco Inc.
special refund proceeding based on the purchases of Cook & Cooley, Inc.
(C&C), a reseller of Texaco products. On June 28, 1991, Triton
purchased the assets of C&C, and assumed all of the corporation's
business operations. The DOE found Triton was entitled to a refund
based on C&C's purchases because the agreement regarding the sale
specifically transferred the right to potential refunds in the Texaco
proceeding. Triton requested a refund equal to C&C's full allocable
share for its motor gasoline purchases. In support of its claim of
injury above the medium-range presumption level, the firm submitted
information both to demonstrate that C&C had accumulated positive cost
banks by April 1980, the end of the regulatory banking period for motor
gasoline, and to show that it was competitively disadvantaged by its
Texaco purchases. Based on the competitive disadvantage data, the DOE
concluded that Triton was entitled to a refund based on its above-
market price volumetric share for C&C's purchases of regular gasoline,
and a refund equal to C&C's pro rated allocable share for its purchases
of premium and unleaded motor gasoline. The total refund amount granted
was $607,098 ($442,749 principal and $164,349 interest).
Texaco Inc./ M & M Transportation Co., 10/28/93, RF321-17431
LK, Inc. filed an Application for Refund in the Texaco refund
proceeding with respect to purchases made by M & M Transportation
Company (M&M), a bankrupt firm. In support of its claim, LK submitted
an Assignment by which M&M transferred its rights to crude oil refunds
to LK. In considering the application, the DOE found that, since the
Assignment unambiguously referred to crude oil refunds, it did not
convey to LK the right to apply for a product refund in the Texaco
proceeding. The DOE also determined that LK's payment of $5,000 for
potential refunds totalling more than $28,000 was unconscionably low.
Accordingly, LK's refund application was denied.
Refund Applications
The Office of Hearings and Appeals issued the following Decisions
and Orders concerning refund applications, which are not summarized.
Copies of the full texts of the Decisions and Orders are available in
the Public Reference Room of the Office of Hearings and Appeals.
Atlantic Richfield Company/A.V. Rivest RF304-14336 10/29/93
Oil Co..
Atlantic Richfield Company/Bud's Arco RF304-14415 10/26/93
et al.
Atlantic Richfield Company/McLaughlin RF304-14146 10/28/93
& Lester et al.
Beacon Oil Company/Dick Huizenga RF238-81 10/28/93
Trucking.
Santa Fe Rock & Sand.................. RF238-82
FMC Corporation....................... RF238-83
Mont La Salle Vineyards............... RF238-84
Contel Corp. et al.................... RF272-65489 10/29/93
Elkhart Community Schools............. RF272-87659 10/28/93
Gulf Oil Corporation/Carr Oil Company. RR300-102 10/28/93
Carr Oil Company...................... RR300-103
Carr Oil Company...................... RR300-104
Gulf Oil Corporation/Gaines Gulf RF300-15198 10/26/93
Service Station et al.
Gulf Oil Corporation/Netzley Oil Co., RF300-20065 10/28/93
Inc..
Gulf Oil Corporation/Paramus Gulf, RF300-19517 10/29/93
Inc. et al.
Murphy Oil Corp./U.S.S. Agri-Chemicals RF309-990 10/28/93
Murphy Oil Corp./Wisconsin Industrial RF309-1427 10/29/93
Fuel Oil, Inc..
Nixa School District R-II et al....... RF272-80203 10/26/93
Q-Mart Food Stores.................... RF272-91391 10/28/93
Randolph Central School Corp. et al... RF272-81818 10/26/93
Texaco Inc./Neon Inc.................. RF321-19938 10/26/93
Town of Shrewsbury.................... RF272-76197 10/28/93
Waco Independent School District...... RF272-87987 10/26/93
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Dismissals
The following submissions were dismissed:
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Name Case No.
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Brooks County...................................... RF272-89279
Canton School Dist. 41-1........................... RF272-82350
Cornell CC School District 426..................... RF272-78954
Ed's Arco.......................................... RF304-14300
Jimco, Incorporated................................ RF321-15636
North Olmsted City School District................. RF272-89272
Orrison Distribution............................... RF321-17472
Pleasant Valley Sch. Dist. 62...................... RF272-82209
Quick Shop, Inc.................................... RF300-21685
The Flintkote Company.............................. RF321-15597
Truman School District............................. RF272-78831
Village of Hennepin................................ RF272-74123
Weicker Transfer & Storage......................... RF321-15680
Western Consumers Industries....................... RF321-15605
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Copies of the full text of these decisions and orders are available
in the Public Reference Room of the Office of Hearings and Appeals,
Room 1E-234, Forrestal Building, 1000 Independence Avenue, SW.,
Washington, DC 20585, Monday through Friday, between the hours of 1:00
p.m. and 5:00 p.m., except federal holidays. They are also available in
Energy Management: Federal Energy Guidelines, a commercially published
loose leaf reporter system.
Dated: January 13, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-1382 Filed 1-19-94; 8:45 am]
BILLING CODE 6450-01-P
