[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Notices]
[Pages 3676-3677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1729]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders; Week of October 28
Through November 1, 1996
During the week of October 28 through November 1, 1996, the
decisions and orders summarized below were issued with respect to
appeals, applications, petitions, or other requests 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.
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, D.C. 20585-0107, 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. Some decisions and
orders are available on the Office of Hearings and Appeals World Wide
Web site at http://www.oha.doe.gov.
Dated: January 16, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 5--Week of October 28 Through November 1, 1996
Appeals
Action and Associates, Inc., 10/28/96, VFA-0224
Action and Associates, Inc. (Action) filed an Appeal from a
determination issued to it by the DOE's Savannah River Operations
Office (DOE/SR). In its Appeal, Action asserted that DOE/SR did not
conduct an adequate search for records that Action had requested
pursuant to the FOIA. Action also challenged the amount it was charged
for the documents it obtained pursuant to its FOIA Request. The DOE
determined that DOE/SR had conducted an adequate search for records and
that its assessment of fees was appropriate and reasonable.
Consequently, Action's Appeal was denied.
Harold Bibeau, 10/28/96, VFA-0223
Harold Bibeau filed an Appeal from a denial issued to him by the
DOE's Office of Human Radiation Experiments (OHRE) of a Request for
Information which he had submitted under the Freedom of Information Act
(FOIA). In considering the Appeal, the DOE found that OHRE had
conducted a search reasonably calculated to find the requested
information, and that all responsive documents had been released to Mr.
Bibeau. However, in his Appeal, Mr. Bibeau expanded his original
request. OHRE agreed to do a new search for the newly-requested
documents. Therefore, the Appeal was denied.
Malcolm Parvey, 11/1/96, VFA-0225
Malcolm Parvey filed a Motion for Reconsideration of a Decision and
Order which denied his Appeal of two determinations by the Western Area
Power Administration (WAPA) under the Freedom of Information Act
(FOIA). In those determinations, WAPA released some information to Mr.
Parvey and charged him a total fee of $96.25. Mr. Parvey's Motion
reiterates the arguments made in his original Appeal. Because Mr.
Parvey did not present any new evidence or arguments, the DOE denied
his Motion for Reconsideration.
Personnel Security Review
Oakland Operations Office, 10/28/96, VSA-0088
The DOE's Office of Safeguards and Security (OSS) filed a Request
for Review of a DOE Hearing Officer's recommendation to restore the
access authorization of an individual. The individual's access
authorization was suspended upon receipt of information indicating the
individual had tested positive for the presence of marijuana. The
Hearing Officer found that the individual had mitigated DOE security
concerns through his explanation that his marijuana use was limited and
through his participation in a drug rehabilitation program. In
considering the OSS Request for Review, the Director of the Office of
Hearings and Appeals found that the Hearing Officer did not have
sufficient evidence before him to support the finding that the
individual's use of marijuana was limited. The Director noted that the
individual failed to provide any evidence to corroborate the
circumstances surrounding his marijuana use. The Director found that
since the Hearing Officer's conclusions concerning rehabilitation were
premised on limited marijuana use, these conclusions could not be
sustained. Accordingly, the Director recommended that the individual's
access authorization not be restored.
Refund Applications
Good Hope Refineries/Ashland Company, 10/30/96, RF339-6
Ashland Petroleum Company filed an Application for Refund in the
Good Hope Refineries II Refund Proceeding. The DOE denied Ashland's
application after finding that Ashland had failed to establish injury
by rebutting the spot purchaser presumption.
Tajon, Inc., 11/01/96, RR272-229
The DOE considered a Motion for Reconsideration filed by Tajon,
Inc. in the crude oil overcharge refund proceeding. In that Motion,
Tajon argued that the DOE had improperly rescinded a prior crude oil
overcharge refund granted to the firm. The prior refund was rescinded
because Tajon had submitted a waiver of its rights to receive such a
refund in connection with filing a refund claim in the Surface
Transporters refund proceeding. In the Motion, Tajon contended that the
waiver should not be considered valid because (a) gallonage information
accompanying the claim was incomplete and (b) the required notarization
was not made. However, in reviewing the waiver, the DOE found that the
specification of gallonage was adequate, even if not fully
corroborated, and that an affirmation by the firm's attorney had been
substituted for the notarization. In view of these findings the DOE
determined that the waiver should be considered effective, and that the
Motion for Reconsideration should be 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.
ASPHALT PRODUCTS CORP.................................. RF272-69293 11/1/96
[[Page 3677]]
ASPHALT PRODUCTS CORP.................................. RD272-69293 ..............
CENTRAL PETROLEUM CO................................... RF272-95128 10/31/96
FARMERS UNION CO-OP GIN................................ RF272-95146 ..............
CRUDE OIL SUPPLE REF DIST.............................. RB272-00090 10/30/96
CRUDE OIL SUPPLE REF DIST.............................. RB272-00091 10/30/96
KENNY LARSON OIL/D&A PUMP & SUPPLY..................... RF356-1 10/31/96
PORTLAND GENERAL ELECTRIC.............................. RF356-3 ..............
SCHULZ SAMITARY SERVICE................................ RF356-2 ..............
MUELLER INDUSTRIES, INC................................ RC272-00352 10/30/96
REIMER EXPRESS LINES, LTD. ET AL....................... RG272-00500 11/1/96
SOUTHWEST COCA-COLA BOTTLING, INC...................... RF272-95148 10/28/96
STROH BREWERY CO....................................... RK272-03550 10/30/96
F & M SCHAEFER BREWING CO.............................. RC272-00357 ..............
F & M SCHAEFER BREWING CO.............................. RK272-03551 ..............
JOS. SCCHLITZ BREWING CO............................... RK272-03552 ..............
TRANS-MEDITERRANEAN AIR WAYS........................... RG272-616 11/1/96
ROGERS TEXACO SVC. STA................................. RF272-89303 ..............
UNION DE TRANSPORTS AERIENS ET AL...................... RK272-03493 10/28/96
WALTER RAMSEY ET AL.................................... RK272-01546 10/30/96
Dismissals
The following submissions were dismissed.
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Name Case No.
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ALLIED TOWING CORPORATION.................... RF272-91917
APEA GAS STATION............................. RF300-15288
DIVERSIFIED AMSRIEA, INC..................... RK272-03254
FAIRMONT COOPERATIVE ASSOCIATION............. RG272-496
FOIA GROUP, INC.............................. VFA-0234
FOOTE & DAVIES TRANSPORT..................... RK272-03537
KAREN COLEMAN WILTSHIRE...................... VFA-0225
OIL CHEM, INC................................ RF272-97444
ZOGLEMAN ENTERPRISES......................... RF272-95108
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[FR Doc. 97-1729 Filed 1-23-97; 8:45 am]
BILLING CODE 6450-01-P
