[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25907]
[[Page Unknown]]
[Federal Register: October 19, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
August 29 Through September 2, 1994
During the week of August 29 through September 2, 1994 the
decisions and orders summarized below were issued with respect to
applications for relief 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.
Whistleblower Proceeding
Helen Gaidine Oglesbee, 9/2/94, LWA-0006
Helen Gaidine Oglesbee (Oglesbee) filed a request for a hearing on
February 28, 1994 under the Department of Energy's Contractor Employee
Protection Program, 10 CFR part 708. Oglesbee had been and is currently
an employee of Westinghouse Hanford Company (WHC). She alleged that she
made health and safety complaints to her immediate supervisor from
December 1990 to August 1991, and that beginning in October or November
1991, she elevated these concerns to higher management officials at
WHC. Oglesbee maintained that WHC took the following reprisals against
her: Failing to respond to her health-related issues and denying her
access to reports and analyses of those issues; removing her
designation as ``lead'' secretary; issuing her a performance
improvement plan; transferring her involuntarily to another WHC office;
issuing her a performance expectations letter; issuing her written
reprimands, and delaying promotions to Level IV Secretary and to
permanent Plant Engineer. The DOE's Office of Contractor Employee
Protection investigated the complaint and found that no reprisals had
been taken against Oglesbee that would entitle her to relief under part
708. Oglesbee requested a hearing before the OHA, reasserting her claim
that reprisals were taken against her for raising health and safety
concerns. The Hearing Officer in the OHA determined that with regard to
certain of the allegations raised, Oglesbee failed to meet her burden
of proving by a preponderance of the evidence that she made substantial
and specific disclosures concerning health and safety to WHC. In those
instances where Oglesbee made protected disclosures under part 708
followed closely in time by adverse personnel actions, the Hearing
Officer found that WHC had proven by clear and convincing evidence that
it would have taken the same actions absent Oglesbee's disclosures, or
that Oglesbee had already been provided an adequate remedy for the
actions taken against her. Accordingly, the Hearing Officer concluded
that Oglesbee failed to establish the existence of any violations of
the DOE Contractor Employee Protection Program for which relief was
warranted under Sec. 708.10.
Refund Applications
Enron Corporation/Dow Hydrocarbons and Resources, Inc., 8/29/94, RF340-
172
Dow Hydrocarbons and Resources, Inc. (Dow) submitted an application
for refund in the Enron Corporation refund proceeding. The DOE
determined that Dow used Enron propane as a feedstock to produce
certain olefins, primarily ethylene, and therefore was entitled to a
refund under the presumption of injury for end-users of Enron products.
The total refund granted to Dow, including interest, is $409,726.
Estate Of Midway Airlines 9/1/94 RF272-92455
The DOE issued a Decision and Order concerning the Application for
Refund of a claimant in the subpart V crude oil overcharge refund
proceeding. The Application for Refund was based on purchases of
petroleum products the applicant used in its jet airliners. The DOE
determined that the applicant had waived its right to receive money
from the Crude Oil Subpart V Special Refund Proceeding. Accordingly,
the Application for Refund was denied.
Koppers Company, Inc., et al., 9/1/94 RC272-241, et al.
The DOE issued a Decision and Order concerning Applications for
Refund submitted in the Subpart V crude oil refund proceeding by
Koppers Company, Inc. and eight of its subsidiaries. All nine of these
Applications were previously granted. All of the applicants, however,
were subsequently found to have been affiliated with Kaiser Sand &
Gravel (Kaiser) on August 7, 1986. Kaiser had filed in the Surface
Transporters Stripper Well proceeding, and in doing so, Kaiser had
executed a waiver and release waiving its rights and the rights of all
its affiliates on August 7, 1986, to receive a crude oil overcharge
refund. Accordingly, this Decision rescinded the original refunds
granted to the nine applicants.
Texaco Inc./Inter City Texaco, 8/30/94 RR321-139
The DOE issued a Decision and Order granting a Motion for
Resconsideration filed on behalf of Inter City Texaco in the Texaco
Inc. special refund proceeding. The DOE had previously rescinded a
refund granted erroneously to Inter City (Case Nos. RF321-16561 and
RF321-19481). Inter City had been granted a refund based on a schedule
of purchases provided by Texaco, but the OHA later discovered that
Inter City was supplied indirectly for the entire price control period.
Inter City then filed a motion for reconsideration estimating its
gallonage based on contemporaneous records referring to gallonage
purchases from its supplier, Kenny Larson Oil. We therefore found that
Inter City satisfied all the requirements necessary to obtain a refund
in the Texaco proceeding and accordingly, Inter City's Motion for
Reconsideration was granted.
Texaco Inc./Kenny Larson Oil Company, 8/29/94 RF321-20034
Kenneth Larson filed an Application for Refund on behalf of Kenny
Larson Oil Company (Larson) requesting a refund based on purchases of
Texaco petroleum products. The DOE approved the application but,
because Larson was in default in its obligations pursuant to a consent
order, determined that the refund should be used to fund the firm's
escrow account. Accordingly, the DOE issued a Decision and Order
granting the Application and ordering that the refund amount be
transferred from the Texaco Inc. escrow account to the Kenny Larson Oil
Company escrow account.
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.
Atlantic Richfield Company/Blue Valley Fuel Service et al................. RF304-13627 08/29/94
Barnhill Contracting Co................................................... RF272-83436 09/02/94
E.L. Garner, Inc.......................................................... RF272-68015 09/02/94
East Texas Motor Freight.................................................. RF272-93633 09/01/94
Enron Corp./Celanese Chemical Co., Inc.................................... RF340-131 09/02/94
Enron Corp./Thomas Butane Company......................................... RF340-180 08/29/94
Raymond Oil, Inc.......................................................... RF340-190
IBP, Inc.................................................................. RF340-197
Etowah County............................................................. RR272-114 08/30/94
Gladieux Refinery, Inc.................................................... RF272-93003 09/02/94
Gulf Oil Corporation/Arkansas Electric Cooperative Corp................... RF300-20737 08/29/94
Gulf Oil Corporation/Jim's Gulf Station et al............................. RF300-16025 08/30/94
Gulf Oil Corporation/M&A Corporation et al................................ RF300-15257 09/01/94
Gulf Oil Corporation/White Grocery & Station.............................. RF300-18424 08/30/94
Keesling Construction..................................................... RC272-250 09/01/94
J.W. Finley, Inc.......................................................... RC272-252
Lambert Oil Company, Inc.................................................. RF272-97063 08/29/94
New Prague School District et al.......................................... RF272-97000 09/02/94
R.B. Little, Inc. et al................................................... RF272-85026 09/02/94
Sutton's Steel & Supply, Inc. et al....................................... RF272-93613 09/02/94
Texaco Inc./A. Giordano & Sons, Inc. et al................................ RF321-7422 09/02/94
Texaco Inc./Lard's Texaco et al........................................... RF321-582 09/02/94
Texaco Inc./Majewski's Texaco et al....................................... RF321-20419 08/31/94
Texaco Inc./North Star Mall Texaco et al.................................. RF321-5424 08/31/94
Texaco Inc./Roy's Texaco et al............................................ RF321-6147 09/02/94
W.R. Grace & Co.--Conn. Davison Chemical Division......................... RF272-93691 09/01/94
Whitewater School District et al.......................................... RF272-80868 09/02/94
Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
1st Colony Corp................................... RF272-95129
200 Haven Avenue.................................. RF272-95341
552 Riverside Drive............................... RF272-95328
Antley's Texaco................................... RF321-19686
Augusta Roofing & Metal........................... RF272-93633
Ben Hill Griffin, Inc............................. RF272-95163
Bob's Texaco Service.............................. RF321-19663
Clyde's Texaco Service Station.................... RF321-20046
Colby's Texaco.................................... RF321-19627
Deer Lodge Elementary Schools..................... RF272-95401
Dixie Electric, Inc............................... RF272-95225
East Bernard Independent School District.......... RF272-97114
Felix Street Texaco............................... RF321-20430
Fife's Texaco Service............................. RF321-19678
H.B. Powell Texaco Service........................ RF321-20045
J.O. Ramsey Trucking Co., Inc..................... RF272-95204
Jackson Sand & Gravel, Inc........................ RF272-95196
John Tinney Delivery Service...................... RF304-15130
Metro Area Transit................................ RF272-91565
Motor Freight Express, Inc........................ RF272-78669
Orv's Texaco...................................... RF321-19637
Pennsylvania Turnpike Commission.................. RF272-86602
Smith Brothers Gas Co............................. LEE-0137
Swift Cooperative Oil Co.......................... RF272-95041
The Reedy Company................................. LEE-0106
Westside Gas...................................... RF321-19684
Winston Limousine Service......................... RF272-95200
------------------------------------------------------------------------
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, DC 20585, Monday through Friday, between the hours of 1
p.m. and 5 p.m., except federal holidays. They are also available in
Energy Management: Federal Energy Guidelines, a commercially published
loose leaf reporter system.
Dated: October 12, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-25907 Filed 10-18-94; 8:45 am]
BILLING CODE 6450-01-P
