[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: 94-1385]
[[Page Unknown]]
[Federal Register: January 20, 1994]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders During The Week of December 20
Through December 24, 1993
During the week of December 20 through December 24, 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
Angela M. Hagwood, 12/21/93, LFA-0333
Angela M. Hagwood filed an Appeal from a determination issued by
the Manager of the Oak Ridge Operations Office (Oak Ridge Operations)
of the Department of Energy (DOE) in response to a Request for
Information submitted under the Freedom of Information Act (FOIA). Mrs.
Hagwood had sought information concerning an employment discrimination
claim she had filed with Martin Marietta Energy Systems, Inc. (Martin
Marietta), a DOE contractor. In considering the Appeal, the DOE found
that Oak Ridge Operations had correctly determined that the requested
information did not constitute agency records subject to the FOIA. In
particular the DOE determined that Oak Ridge Operations had made an
adequate search of its records and that it did not possess the
information requested. DOE also found that by the terms of the contract
between Martin Marietta and the DOE, Martin Marietta owned the
requested documents. The DOE, therefore, did not control the records.
Because the DOE neither possessed nor controlled the items requested,
they are not agency documents under the FOIA. Accordingly, the Appeal
was denied.
David DeKok, 12/21/93, LFA-0339
David DeKok filed an Appeal from a denial by the Idaho Operations
Office of a Request for Information which he had submitted under the
Freedom of Information Act (the FOIA). In considering the Appeal, the
DOE found that although the agency was obligated to release the
material in a reasonably accessible format, the appellant was not
entitled to specify the format in which the information should be
disclosed. Important issues that were considered in the Decision and
Order were (i) whether release of the information in a format that
could cause some expense to the appellant was a constructive denial of
his fee waiver and (ii) whether DOE was obligated to assist the
appellant in finding a convenient site to access the records.
Virginia Johnson, 12/21/93, LFA-0329
Virginia Johnson filed an Appeal from a determination issued to her
by the Office of Civil Rights of the Office of Economic Impact and
Diversity (OCR) of the Department of Energy (DOE) in response to a
Request for Information submitted under the Freedom of Information Act
(FOIA). In considering the Appeal, the DOE found that OCR had correctly
withheld under Exemption 6 of the FOIA the identities and personal
identifiers (such as home addresses, phone numbers, and social security
numbers) of witnesses from the report and investigatory record of a
employment discrimination complaint on the grounds that their release
would be a clearly unwarranted invasion of personal privacy without any
offsetting public interest. The DOE found, however, that a large amount
of withheld material did not fall under the protection of witness
identities and identifiers which was the only OCR justification for
withholding information. The DOE determined that OCR should either
release the requested information or issue a new determination
specifically explaining any withheld information. Accordingly, the
Appeal was granted in part, denied in part, and remanded to OCR for a
new determination in accordance with the guidance set forth in the
Decision and Order.
Request for Exception
Norm Poole Oil, Inc., 12/23/93, LEE-0052
Norm Poole Oil, Inc. (Poole), filed an Application for Exception
from the requirement that it file Form EIA-782B, the ``Reseller/
Retailer's Monthly Petroleum Product Sales Report.'' In considering
Poole's request, the DOE found that the firm was neither suffering
serious hardship nor adversely affected by the reporting requirement in
a way that was significantly different from the burden borne by similar
reporting firms. Accordingly, the DOE denied Poole's Application for
Exception.
Interlocutory Order
Universities Research Association, Inc., 12/22/93, LWZ-0023
Universities Research Association, Inc. (URA), the management and
operating contractor at the DOE's Superconducting Super Collider
Laboratory in Waxahachie, Texas, submitted a Motion to Dismiss a
complaint brought against it by a former employee under the Contractor
Employee Protection Program, 10 CFR 708 (Part 708). In the Motion, URA
argued that the provisions of Part 708 were not applicable because URA
had not modified its contract with the DOE to incorporate a compliance
clause until after the alleged acts of reprisal occurred. The DOE
denied the Motion, finding that the provisions of Part 708 were
applicable to URA as of the effective date of the regulations.
Implementation of Special Refund Procedures
Ted True, Inc. and Ted W. True, 12/20/93, LEF-0115
The Office of Hearings and Appeals issued final procedures for the
disbursement of $200,000, plus accrued interest, obtained by the DOE
from the consolidated bankruptcy estate of Ted True, Inc. and Ted W.
True. The funds will be distributed in accordance with the DOE's
Modified Statement of Restitutionary Policy Concerning Crude Oil
Overcharges, 51 FR 27899 (August 4, 1986).
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.
Anderson County RF272-82405............................................... 12/21/93
School District
No. 03 et al.
Atlantic Richfield RR304-66.................................................. 12/20/93
Company/Major Oils.
Beacon Oil Company/ RR238-4................................................... 12/22/93
Ben W. Nachtigall
Distributor, Inc.
Beacon Oil Company/ RF238-74.................................................. 12/21/93
Foothills Oil Co.,
Inc.
Gulf Oil RF300-21218............................................... 12/20/93
Corporation/Gorman
Gulf Service.
Gulf Oil RF300-19506............................................... 12/21/93
Corporation/Roger
Mertens Dist.,
Inc. et al.
Santa Barbara High RF272-81811............................................... 12/22/93
School et al.
Shell Oil Company/ RF315-10282............................................... 12/21/93
Jamison Oil
Company, Inc.
Jamison Oil RF315-10283............................................... .....................
Company, Inc.
Texaco Inc./ RF321-888................................................. 12/22/93
Bridgeway Texaco
Service.
Caster's Texaco RF321-954................................................. .....................
Truck Stop.
J & H Texaco....... RF321-8558................................................ .....................
Texaco Inc./Orr's RF321-20005............................................... 12/23/93
Texaco Service
Station #2.
Val Verde County, RF272-85156............................................... 12/21/93
Texas et al.
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Dismissals
The following submissions were dismissed:
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Name Case No.
------------------------------------------------------------------------
Barnegat Township School District................... RF272-82628
Coleman Tire Sales.................................. RF321-11151
Golden State Foods.................................. RF304-14319
Joe's Shell......................................... RF315-9421
King Arthur Car Wash................................ RF304-13961
Moore Fuels, Inc.................................... RF300-13104
Setser's Holiday Gulf............................... RF300-13202
Starkville School District.......................... RF272-82497
Sturm and Jensen, Inc............................... RF300-13201
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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
p.m. and 5 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. 94-1385 Filed 1-19-94; 8:45 am]
BILLING CODE 6450-01-P
