[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Notices]
[Pages 54194-54195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26599]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Issuance of Decisions and Orders; Week of February 19 Through
February 23, 1996
During the week of February 19 through February 23, 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. 960
Week of February 19 Through February 23, 1996
Appeals
Archie M. LeGrand, Jr., 2/20/96, VFA-0120
Archie M. LeGrand, Jr., filed an Appeal from a determination by the
Department of Energy's FOIA/Privacy Act Division (FOIA Division). Mr.
LeGrand sought records of investigations conducted regarding his
suitability for a security clearance. The FOIA Division stated that a
search of the records in the DOE's Office of Safeguards and Security
and the Savannah River Operations Office was conducted and no records
were found responsive to the request. In his Appeal, Mr. LeGrand argued
that the DOE conducted an inadequate search for records. In considering
the Appeal, the DOE found that because Mr. LeGrand's employment at the
Savannah River Site ended over 25 years ago, any security clearance
records maintained regarding Mr. LeGrand would no longer exist. Under
these circumstances, the DOE concluded that a search of a microfiche
index of all DOE and DOE contractor employees who had held security
clearances in the past was an adequate search reasonably calculated to
discover documents responsive to Mr. LeGrand's request. Accordingly,
the Appeal was denied.
Eugene Maples, 2/23/96, VFA-0122
Eugene Maples (Maples) filed an Appeal from a determination issued
to him by the Department of Energy's Office of the Inspector General
(OIG) in response to a request for information submitted by him under
the Freedom of Information Act (FOIA). Maples sought a copy of a final
report issued by the OIG which summarized an investigation into the
misuse of oil overcharge funds by the State of South Carolina conducted
by the Savannah River Site during 1993-94. The OIG issued a
determination denying Maples request in its entirety pursuant to
Exemption 7(A). The OIG stated that it had not reached a final
resolution of the investigation; therefore, release could prematurely
disclose enforcement efforts and interfere with its ongoing
investigation. In considering the Appeal, the Office of Hearings and
Appeals found that release of the final report could interfere with the
investigation. The Office of Hearings and Appeals concluded that the
OIG properly applied Exemption 7(A) to the responsive document.
Therefore, the Department of Energy denied Maples' Appeal.
Refund Applications
George, Victor & Bernard Didinsky, 2/21/96, RJ272-6
This Supplemental Order modifies a supplemental crude oil
overcharge refund granted to Fallsburg Bottling Works, Inc. The
applicant submitted evidence that the corporation had been dissolved in
1988 and requested that the supplemental refund be issued to the
successor partnership that had been formed by the three equal
shareholders of the corporation. The request was approved and the DOE
directed that a new refund check be issued to the partnership.
Texaco Inc./Chain Oil Co., 2/21/96, RR321-194
The Department of Energy issued a Decision and Order denying a
Motion for Reconsideration filed by Chain Oil Co. (Chain) and its
owner, Donald Foster in the Texaco refund proceeding. The Motion was
denied because Mr. Foster had again failed to demonstrate that his
acquisition of Chain included Chain's right to the refund.
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.
Bemis Company, Inc....................................... RF272-17760 02/21/96
RF272-20188
RD272-17760
RD272-20188
Davis Trucking Company et al............................. RK272-2252 02/21/96
Syar Industries, Inc. et al.............................. RF272-73595 02/21/96
[[Page 54195]]
Syar Industries, Inc..................................... RD272-73599
Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
Richland Operations Office................... VSO-0053
------------------------------------------------------------------------
[FR Doc. 96-26599 Filed 10-16-96; 8:45 am]
BILLING CODE 6450-01-P
