[Federal Register Volume 61, Number 201 (Wednesday, October 16, 1996)]
[Notices]
[Pages 53917-53918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26424]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders; Week of August 12 Through
August 16, 1996
During the week of August 12 through August 16, 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: October 7, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 985
Appeal
Greenpeace, 8/12/96, VFA-0186
The Department of Energy denied a Freedom of Information Act Appeal
that was filed by Greenpeace. In its Appeal, Greenpeace sought the
release of transcripts of certain electronic mail communications. In
the decision, the DOE found that the transcripts were properly withheld
under Exemption 5.
Refund Application
Midwest Specialized Transportation, Inc., 8/14/96, RF272-97965
The DOE denied an Application for Refund filed on behalf of Midwest
Specialized Transportation, Inc. (MST) in the crude oil refund
proceeding. Prior to the filing of MST's Application, MST had applied
for a refund in the Surface Transporters proceeding. After MST informed
the DOE in 1987 that MST's owner-operators had purchased more than 99
percent of the fuel used in MST's surface transportation activities,
and MST had itself purchased less than 250,000 gallons, the DOE found
MST
[[Page 53918]]
ineligible for a Surface Transporters refund. In MST's 1994 Subpart V
crude oil refund, the applicant claimed that it, not its owner/
operators, purchased 2,298,915 gallons of refined petroleum products.
In its decision, the DOE determined that because MST had now proved
that it bought more than 250,000 gallons, it had been eligible for a
Surface Transporters refund. Thus, the applicant's Stripper Well waiver
was effective, and the DOE denied MST's Subpart V refund application.
Further, the DOE could not reopen the Surface Transporters proceeding,
as the proceeding closed years ago, and the applicant failed to present
any adequate reason for failing to submit a timely Motion for
Reconsideration in that earlier proceeding.
Dismissals
The following submissions were dismissed:
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Name Case No.
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BROOKS SCANLON, INC..................... RF272-97995
CITY OF RICHARDSON...................... RF272-95234
ROCKY FLATS FIELD OFFICE................ VSO-0105
SOUTHLAND POWER CONSTRUCTORS............ RF272-77584
TRAP ROCK INDUSTRIES, INC............... RF272-95254
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[FR Doc. 96-26424 Filed 10-15-96; 8:45 am]
BILLING CODE 6450-01-P
