[Federal Register Volume 59, Number 209 (Monday, October 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26918]
[[Page Unknown]]
[Federal Register: October 31, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Issuance of Decisions and Orders; Week of September 12 Through
September 16, 1994
During the week of September 12 through September 16, 1994 the
decisions and orders summarized below were issued with respect to
appeals and applications for other 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.
Appeals
David W. Loveless, 09/13/94, LFA-0410
David W. Loveless filed an Appeal from a determination issued by
the Robotics Technology Development Program (Robotics Program) of the
DOE's Office of Technology Development in response to a Request for
Information submitted under the Freedom of Information Act (FOIA). Mr.
Loveless sought information regarding the Westinghouse Idaho Nuclear
Company (WINCO) Remote Tank Inspection (RTI) robot, as well as other
Westinghouse robotics programs. In considering the Appeal, the DOE
found that there was an inadequate search for materials. Accordingly
the Appeal was granted and the request was remanded for a further
search.
William D. Lawrence, 09/14/94, LFA-0409
William D. Lawrence filed an Appeal from a determination issued to
him by the Deputy Director of the Office of Intergovernmental Affairs
of the DOE's Albuquerque Operations Office (Albuquerque Operations) in
response to a Request for Information submitted under the Freedom of
Information Act (FOIA). Albuquerque Operations had withheld in its
entirety an Equal Employment Opportunity (EEO) counseling file under
the deliberative process privilege of Exemption 5 and under Exemption 6
of the FOIA.
In considering the Appeal, the DOE found that most of the withheld
material contained little or no deliberative material. Accordingly, the
DOE found that this material could not be withheld pursuant to
Exemption 5 without some further justification and reference to the
policies articulated in the 1993 Memorandum of Attorney General Janet
Reno concerning the FOIA. The DOE did find that some of the material
related to a potential settlement was correctly withheld under the
``executive'' privilege of Exemption 5. In considering withholdings
under Exemption 6, the DOE found that Albuquerque Operations had
correctly withheld the identities, personal identifiers (such as names,
home addresses, phone numbers, and social security numbers), and
information which would identify the EEO Complainant and witnesses on
the grounds that such information would be a clearly unwarranted
invasion of personal privacy without any offsetting public interest.
The DOE determined that Albuquerque Operations should either release
the remaining material or explain the basis for withholding. Finally,
the DOE agreed with Albuquerque Operations that the EEO Counselor notes
were, in this case, not ``agency records'' because they were not placed
in DOE files nor shown to other DOE personnel and were kept or
destroyed at the sole discretion of the EEO Counselor. Accordingly, the
Appeal was granted in part, denied in part, and remanded to Albuquerque
Operations for a new determination in accordance with the guidance set
forth in the Decision and Order.
Implementation of Special Refund Procedures
Sunset Boulevard Car Wash, 09/12/94, LEF-0112
The DOE issued a Decision and Order implementing procedures for the
distribution of $52,093.73, plus accrued interest, in alleged
overcharges obtained from Sunset Boulevard Car Wash (Sunset). These
funds were remitted by Sunset to the DOE to settle possible pricing
violations with respect to Sunset's sales of refined petroleum products
during the period August 1, 1979 through January 27, 1980. The DOE
determined that the funds will be distributed in accordance with the
DOE's Subpart V refund procedures. Applications for Refund will be
accepted from customers who purchased controlled refined petroleum
products from Sunset during the period covered by the settlement. The
specific information to be included in the Applications for Refunds,
which must be submitted by June 1, 1995, is included in the Decision.
Refund Application
Charter Company/California, 09/15/94, RM23-270
The DOE issued a Decision and Order granting a Motion for
Modification filed by the State of California in the Charter Company
second stage refund proceeding. In its Motion, California proposed to
reallocate $850,000 of previously disbursed Charter monies to fund four
transportation-related energy conservation projects. In accordance with
prior Decisions, where we have noted the benefits of similar plans
involving public transit and traffic synchronization systems, the DOE
approved California's Motion.
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/Dennis Arco et al................................... RF304-13375 09/14/94
Atlantic Richfield Company/Harry Crosby et al.................................. RF304-13641 09/12/94
Bloomington School District 87 et al........................................... RF272-79369 09/12/94
Corinth S.A.D. #64 et al....................................................... RF272-95500 09/15/94
Enron Corp./Tower Bottled Gas.................................................. RF340-56 09/13/94
Young Oil Company, Inc......................................................... RF340-176
Rod Steinheiser Bottle Gas..................................................... RF340-187
Ford County et al.............................................................. RF272-97007 09/16/94
Gulf Oil Corporation/Bobis Gulf et al.......................................... RF300-16659 09/15/94
Gulf Oil Corporation/Glen-Gery Corp. et al..................................... RF300-20347 09/14/94
Illinois Power Company......................................................... RF272-90781 09/12/94
Georgia Power Company.......................................................... RF272-93007
Longyear Company et al......................................................... RF272-94710 09/15/94
Munday Pontiac et al........................................................... RF272-93623 09/15/94
Texaco Inc./Couch Texaco....................................................... RF321-20113 09/14/94
Viviano's Texaco Station #2.................................................... RF321-21030
Texaco Inc./Steve's Texaco Service et al....................................... RF321-20202 09/14/94
Steve's Texaco Service......................................................... RR321-162
Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
Anacortes Van & Storage............................. RF272-94610
Capital International Airways....................... RF272-90496
Central State Hospital.............................. RF272-88891
Champion Spark Plug Division........................ RF272-93723
Consultec, Inc...................................... LFA-0412
Covington Highway Texaco............................ RF321-20122
Francis W. Taylor Co................................ RF272-94644
Fred McGilvray, Inc................................. RF272-97136
Hamilton & Horne Products, Inc...................... RF321-19771
J&D Texaco.......................................... RF321-16302
Kennedy Van Saun Corp............................... RF321-19990
Kroger Company...................................... RF272-93687
Rabe Brothers....................................... RF272-94134
Shallowford Rd. Texaco.............................. RF321-20123
Shay's Service...................................... RF272-79580
Steelcase Inc....................................... RF272-90446
Summit Oil Company.................................. RF351-25
Teledyne Portland Forge............................. RF272-90494
Town of Bristol..................................... RF272-97044
U.S. Marine Corps Exchange.......................... RF321-20294
Vermont Agency of Transportation.................... RF272-97103
W.R. Grace & Company................................ RF272-93721
Way's Texaco........................................ RF321-20428
------------------------------------------------------------------------
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 1:00
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.
Dated: October 25, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-26918 Filed 10-28-94; 8:45 am]
BILLING CODE 6450-01-P
