[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Pages 51280-51281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25062]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders; Week of January 1
Through January 5, 1996
Office of Hearings and Appeals
During the week of January 1 through January 5, 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, S.W.,
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: September 19, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 953
Appeal
Raytheon Company, 1/4/96, VFA-0103
Raytheon Company filed an Appeal from a denial by the Office of
Economic Impact and Diversity of the Department of Energy (DOE/ED) of a
request for information which it had submitted under the Freedom of
Information Act (FOIA). Raytheon sought records related to a DOE Office
of Inspector General investigation of allegations of sexual harassment
or other inappropriate conduct by a DOE employee. DOE/ED withheld in
its entirety a report pursuant to FOIA Exemption 7(C). In considering
the Appeal, the DOE found that (i) DOE/ED need not make a
particularized finding regarding the privacy interests of each
individual that would be infringed by a release of information, (ii)
the names and identifying information of investigating officials named
in the report may be withheld; (iii) witnesses and sources have a
strong privacy interest in remaining anonymous and the public interest
favors protecting their identities; but (iv) some portions of the
report can be released. Accordingly, the matter was remanded in part to
DOE/ED for a new determination either releasing information other than
that protected by FOIA Exemption 7(C) or explaining the reasons for
withholding that information. The Appeal was denied in all other
respects.
Personnel Security Hearing
Nevada Operations Office, 1/4/96, VSO-0049
A Hearing Officer from the Office of Hearings and Appeals issed an
Opinion regarding the eligibility of an individual for access
authorization under the provisions of 10 C.F.R. Part 710. The Hearing
Officer found that the individual had omitted and falsified significant
information concerning a DUI arrest from a written statement made in
response to an official inquiry regarding his eligibility for DOE
access authorization, and that the individual had suffered from alcohol
dependency. The Hearing Officer rejected the individual's arguments
that he had not falsified information in his written statement and
further found no evidence of significant rehabilitation or reformation
regarding the individual's falsification and omission. With regard to
the individual's alcohol dependency, the Hearing Officer found that the
individual had been rehabilitated. Given
[[Page 51281]]
the above findings, the Hearing Officer found that the individual's
access authorization should not be restored.
Dismissals
The following submissions were dismissed:
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Name Case No.
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Center Equipment Company..................... RF272-96155
El Toro Express.............................. RF272-77988
James J. Williams Trucking Co................ RF272-97883
Johnny Bowen Gulf Station #1................. RF300-21710
New York State Electric & Gas................ RF300-21566
Redi-Froz Dist. Co........................... RF272-97821
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[FR Doc. 96-25062 Filed 9-30-96; 8:45 am]
BILLING CODE 6450-01-P
