[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Pages 51281-51282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25063]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals Week of April 22 Through April 26, 1996
Notice of Issuance of Decisions and Orders
During the week of April 22 through April 26, 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. 969
Personnel Security Hearings
Oakland Operations Office, 4/25/96, VSO-0078
An OHA Hearing Officer issued an opinion concerning the continued
eligibility of an individual for access authorization under 10 CFR Part
710. The Oakland Operations Office (OOA) had suspended the individual's
access authorization based on its finding that the individual had
turned in a forged firearms credential in order to avoid disciplinary
action for a lost credential. The Hearing Officer found the individual
had not demonstrated that someone else had forged the credential.
Accordingly, the Hearing Officer found that the individual's access
authorization should not be restored.
Rocky Flats Field Office, 4/24/96, VSO-0076
A Hearing Officer from the Office of Hearings and Appeals issued an
Opinion regarding the eligibility of an individual for access
authorization under the provisions of 10 CFR Part 710. The Hearing
Officer found that the individual had been diagnosed by a board-
certified psychiatrist as suffering from alcohol abuse, and had not
been rehabilitated. Given the above findings, the Hearing Officer found
that the individual's access authorization should not be restored.
Pittsburgh Naval Reactor Office, 4/22/96, VSO-0082
A Hearing Officer recommended that access authorization not be
restored to an employee whose access was suspended due to mental
illness. The Hearing Officer found that the mental illness caused a
defect in the employee's judgment and reliability that was not
mitigated by the fact that the employee took medication for the
illness.
Request for Exception
Pierce Oil Company, 4/26/96, LEE-0163
Pierce Oil Company filed an Application for Exception from the
requirement that it file Form EIA-782B, the ``Reseller/Retailer's
Monthly Petroleum Product Sales Report.'' The DOE found that the firm
was not affected by the reporting requirement in a manner different
from other similar firms, and consequently was not experiencing a
special hardship, inequity, or unfair distribution of burdens.
Accordingly, the firm's Application for Exception was denied.
Refund Applications
Congress Financial Corp., 4/22/96, RK272-03234
Congress Financial Corporation submitted an Application for
Supplemental Refund on behalf of Service Control Corporation (SCC),
which filed for bankruptcy in 1993. Congress submitted the Application
as a creditor of SCC which had been assigned certain assets of SCC per
order of the bankruptcy court. Because the right to receive refund
monies due to SCC was not specifically transferred by the bankruptcy
court to Congress, the DOE determined that it was unable to issue the
refund check directly to Congress. However, in consultation with the
bankruptcy trustee and the representative at Congress, the DOE
determined that the refund check could be issued directly to the
trustee to act in accordance with the directives of the bankruptcy
court.
Continental Steel, 4/23/96, RF272-77619
The DOE denied a refund to Continental Steel Corporation in the
crude oil refund proceeding. The DOE found that the estimation
technique used by Continental's representative, LK, Inc., was
unreasonable. LK's estimate was based on comparing Continental's total
revenues during 1981 with the total revenues of other steel companies
that have received refunds in this proceeding. Since Continental failed
to effectively support its gallonage estimate, the DOE denied its
Application for Refund.
Amerbelle Corporation, 4/26/96, RR272-00237
The DOE granted a Motion for Reconsideration filed by Amerbelle
Corporation in the DOE's Subpart V crude oil overcharge refund
proceeding. In its Motion, Amerbelle contended that it had never
received an April 1989 supplemental refund check, and the firm
requested that the DOE reissue the check. The DOE found that the check
[[Page 51282]]
had been cancelled when it was not negotiated within the applicable
time limit, and at that time, the U.S. Treasury did not recredit the
crude oil overcharge refund accounts with the amount of cancelled
checks. The DOE determined that it should order issuance of a second
check, citing the lack of any evidence that the firm had received the
check or that the firm was negligent in any way, and the de minimis
impact on other crude oil overcharge refund recipients.
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.
HATMAKER COAL CO. ET AL.................................. RF272-86581 04/23/96
INTERNATIONAL AVIATION................................... RF272-98123 04/25/96
MOHASCO CARPET CORP...................................... RR272-208 04/22/96
MOHAWK COMMERCIAL CARPET................................. RR272-209
MOHASCO CARPET CORP...................................... RR272-210
NORSE MANAGEMENT CO. ET AL............................... RF272-74950 04/24/96
NORSE MANAGEMENT CO...................................... RD272-74950
ROCKYDALE STONE SERVICE CORPORATION...................... RF272-77528 04/24/96
THE VALSPAR CORPORATION.................................. RF272-94295 04/25/96
TONKA PRODUCTS DIVISION OF TONKA CORP.................... RR272-236 04/22/96
WALLS & COKER, INC. ET AL................................ RF272-77328 04/26/96
Dismissals
The following submissions were dismissed:
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Name Case No.
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A.K. KAUSHAL................................. VFA-0150
AIR VEGAS, INC............................... RF272-98005
AIRMARK CORPORATION.......................... RF272-98724
BRIGGS AND TILLMAN, INC...................... VEE-0015
BYNUM BROTHERS, INC.......................... RF272-89107
CITY OF DE PERE, WISCONSIN................... RF272-88970
CITY OF JEFFERSON............................ RF272-78440
LAKEWOOD OIL COMPANY, INC.................... VEE-0012
MILLER CO. BOARD OF EDUCATION................ RF272-92678
MOUNT PLEASANT VILLAGE....................... RF272-67886
ROBERTS OIL COMPANY.......................... RR300-221
RUSSELL FORGEY CONSTRUCTION COMPANY.......... RF272-68556
UNION CARBIDE CORP........................... RF345-36
WHOLESALE FUELS, INC......................... VEE-0014
WILLIAM H. PAYNE............................. VFA-0151
WOODBRIDGE DEVELOPMENT CENTER................ RF272-67052
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[FR Doc. 96-25063 Filed 9-30-96; 8:45 am]
BILLING CODE 6450-01-P
