[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Notices]
[Pages 3677-3678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1730]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders; Week of December 2
Through December 6, 1996
During the week of December 2 through December 6, 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. 10--Week of December 2 Through December 6, 1996
Appeals
Bechtel National, Inc., 12/6/96, VFA-0241
The Department of Energy considered an appeal filed by Bechtel
National, Inc., under the Freedom of Information Act (FOIA). Bechtel
had sought copies of a contract from the Department's Richland
Operations Office. Richland released part of the contract, but withheld
part under Exemption 4 of the FOIA on the basis that the information
withheld was ``proprietary'' to the contractor. On appeal, the
Department found that a mere description of information as
``proprietary'' is insufficient justification for withholding
information under Exemption 4. Accordingly, the Department remanded the
matter to Richland to either release the information or to provide an
adequate justification for withholding it.
Burns Concrete, Inc., 12/6/96, VFA-0182
The DOE granted in part an appeal of the withholding of documents
submitted by a third party in connection with a construction project at
a DOE laboratory. The DOE found that some of the information was
properly withheld under Exemption 4, but remanded the request for
release of non-exempt information.
Future Technology intelligence Report, 12/4/96, VFA-0232
The Department of Energy (DOE) denied a Freedom of Information Act
(FOIA) Appeal that was filed by Future Technology Intelligence Report
(FTIR). In its Appeal, FTIR challenged the adequacy of a search for
responsive documents that was conducted by the Oakland Operations
Office. Specifically, FTIR claimed that it should have been provided
with the notes upon which a report that it requested was based. The DOE
found that the search for responsive documents was adequate. The DOE
found that FTIR was provided a copy of the only document that it
requested, i.e., the report itself. Furthermore, the OHA concluded that
even if FTIR's initial request was broad enough to cover the notes,
those notes, if they exist, are not in the possession of the DOE.
Personnel Security Hearing
Personnel Security Hearing, 12/3/96, VSO-0108
An OHA Hearing Officer issued an opinion concerning the eligibility
of an individual for access authorization
[[Page 3678]]
under 10 CFR Part 710. The DOE office responsible for determining such
eligibility had issued a Notification Letter finding security concerns
arising from a 10 year pattern of excessive indebtedness and
delinquencies and from inaccuracies on DOE forms and in a Personnel
Security Interview. The Hearing Officer found the individual had not
mitigated the security concerns. Accordingly, the Hearing Officer did
not recommend a grant of access authorization.
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.
APPLIED INDUSTRIALS MATERIALS CORP..................... RF272-92329 12/6/96
GULF OIL CORPORATION/BUFFALO AREO. CORP./MILLER TABEK.. RR300-00275 12/6/96
GULF OIL CORPORATION/D.L. CHEAVES...................... RR300-00288 12/6/96
MONTGOMERY CNTY BOARD OF EDUCA......................... RC272-322 12/6/96
MONTGOMERY CNTY BOARD OF EDUCA......................... RJ272-4 ..............
MONTGOMERY CNTY BOARD OF EDUCA......................... RK272-1105 ..............
NEW YORK HOSPITAL...................................... RJ272-00032 12/3/96
Dismissals
The following submissions were dismissed.
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Name Case No.
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BALAIR/CTA................................... RG272-533
IMPERIAL AIRLINES, INC....................... RG272-428
INDIANA DEPT. OF TRANSPORTATION.............. RG272-1017
LIMESTONE CO................................. RG272-541
LORAIN COUNTY LANDMARK, INC.................. RG272-1021
M C TRUCKING................................. RG272-540
MELVIN STONE CO.............................. RG272-539
MUTUAL MATERIALS CO.......................... RG272-578
PEORIA COUNTY SERVICE CO..................... RG272-1022
POWER RIG DRILLING CO........................ RG272-501
SAN LUIS HILLS FARMS......................... RG272-1005
SUNRISE COOPERATIVE INC...................... RG272-1020
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[FR Doc. 97-1730 Filed 1-23-97; 8:45 am]
BILLING CODE 6450-01-P
