[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24586]
[[Page Unknown]]
[Federal Register: October 5, 1994]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders the Week of June 20 through June
24, 1994
Office of Hearings and Appeals
During the Week of June 20 through June 24, 1994 the decisions and
orders summarized below were issued with respect to applications for
refund or 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
Ivan J. Broussard, 6/21/94, LFA-0383
Ivan J. Broussard filed an Appeal from a determination issued to
him by the Privacy Act Officer of the Idaho Operations Office (Idaho)
of the Department of Energy (DOE) in response to a request Mr.
Broussard had submitted under the Privacy Act. In that determination,
Idaho released to Mr. Broussard his entire Personnel File and portions
of his Personnel Security File. Idaho withheld under Section 552a(k)(2)
of the Privacy Act portions of Broussard's Personnel Security File
which Idaho termed ``confidential source information.'' In considering
the Appeal, the DOE found that Idaho had not adequately justified the
application of Exemption (k)(2) to the information withheld from Mr.
Broussard. Therefore, the DOE remanded the matter to Idaho with
instructions to explain why Exemption (k)(2) applies to the facts of
this case, and/or consider, and adequately justify if necessary the
application of other exemptions to the facts at issue.
KECI Corporation, 6/20/94, LFA-0382
Keci Corporation filed an Appeal from a denial by the Richland
Operations Office (DOE/RL) of its request for documents concerning a
whistleblower complaint that had been filed by a Kaiser Engineers
Hanford contractor employee, Mr. George Lengas. DOE rejected
Appellant's claim that Exemption 6 could never protect the requested
information from disclosure, but remanded the Appeal to DOE/RL because
the determination failed to describe the withheld documents or to state
with particularity the justification for withholding such documents. On
remand DOE/RL will either release the requested documents or issue a
new determination which contains a descriptive index and specific
justification for withholding the requested documents.
Williams & Trine, P.C., 6/24/94, LFA-0884
Williams & Trine, P.C. filed an Appeal from a determination issued
to the law firm on April 22, 1994, by the Manager/FOI Authorizing
Official of the Rocky Flats Office of the Department of Energy (DOE).
In that determination, the Manager stated that the DOE did not find any
documents responsive to the appellant's information request under the
Freedom of Information Act (FOIA). In considering the Appeal, the DOE
confirmed that the Manager followed procedures which were reasonably
calculated to uncover the requested information. Accordingly, the DOE
denied the law firm's request.
Request for Exception
Pledger Oil Co., Inc., 6/24/94, LEE-0080
Pledger Oil Co., Inc. (Pledger) filed an Application for Exception
from the Energy Information Administration (EIA) requirement that it
file Form EIA-782B, the ``Reseller/Retailers' Monthly Petroleum Product
Sales Report.'' In considering Pledger's request, the DOE found that
the firm was not experiencing a gross inequity or serious hardship. On
April 8, 1994, the DOE issued a Proposed Decision and Order determining
that the exception request should be denied. No Notice of Objection to
the Proposed Decision and Order was filed at the Office of Hearings and
Appeals of the DOE within the prescribed time period. Therefore, the
DOE issued the Proposed Decision and Order in final form, denying
Pledger's Application for Exception.
Refund Applications
Donco Carriers, Inc., 6/20/94, RR272-130
Bassman, Mitchell & Alfano, Chartered, filed a Motion for
Reconsideration on behalf of Donco Carriers, Inc. (Donco) and McMickle
& Edwards in the Subpart V crude oil refund proceeding. The Motion
requested a modification of the estimation technique used in the
Supplemental Order issued on April 5, 1994, which partially rescinded
the original refund granted to Donco on November 30, 1993. Bassman
argued that Donco based its gallonage claim on its dollar purchases
according to Interstate Commerce Commission (ICC) reports which exclude
taxes. Therefore, Bassman argues that the price per gallon figures used
to convert the dollar purchases to gallon should also exclude taxes.
The DOE found this argument to be convincing and used tax-excluded
prices when revising the estimation technique used to calculate the
gallonage purchase. The applicant received an additional refund.
Good Hope Refineries/Exxon Company, USA., 6/22/94, RF339-18
The DOE issued a Decision and Order granting an Application for
Refund filed in the Good Hope Refineries special refund proceeding on
behalf of Exxon Company, USA, a purchaser of covered Good Hope
petroleum products during the refund period. In the Decision, the DOE
determined that during the consent order period (August 19, 1973 to
July 31, 1976) Exxon's purchases from Good Hope were made on a spot
basis. Exxon was, therefore, found ineligible for a refund based on the
allocation of total Good Hope overcharges (2.0854%) calculated by ERA
and listed in the Good Hope audit file. The refund period, however,
extends beyond the time frame covered by the ERA audit, until July 31,
1979; and Exxon had established 32,518,051 gallons of regular Good Hope
purchases made after July 1976 and before August 1979. The firm was,
therefore, found eligible for a volumetric refund under the mid-level
presumption of injury and its Application for Refund was granted for
$50,000 plus interest.
Nashua Corporation, 6/21/94, RF272-25435, RD272-25435
The DOE issued a Decision and Order granting an Application for
Refund filed by Nashua Corporation (Nashua), a manufacturer of paper
coatings, in the Subpart V crude oil refund proceeding. A group of
States and Territories (States) objected to the application on the
grounds that the applicant was able to pass through increased petroleum
costs to its customers. In support of their objections, the States
claimed that in 1979 the pulp and paper industry experienced record
sales and profits, and that in 1973 and 1974 the return on
shareholders' equity increased. The States further asserted that while
energy costs increased during the 1970s, the pulp and paper industry
was able to reduce its petroleum costs unit through energy conservation
and use of alternate energy sources. Specifically with respect to the
applicants, the States claimed that Nashua's sales and net earnings
increased throughout the period of crude oil price controls. In
addition, the States submitted an affidavit of an economist stating
that, in general, the pulp and paper industry was able to pass through
increased petroleum costs. In response to the State's Objection, Nashua
argued that the States inappropriately relied on generalizations about
the pulp and paper industry. Moreover, Nashua stated that it is not a
pulp and paper manufacturer, but is in the coated paper products
business. The applicant submitted an affidavit of the President, Chief
Executive Officer and Chairman of Nashua, stating that the company's
products were sold in a highly competitive market, forcing Nashua to
absorb increased product costs. The DOE determined that the evidence
offered by the States was insufficient to rebut the presumption of end-
user and that the applicant should receive a refund. The DOE also
denied the States' Motion for Discovery, finding that discovery was not
warranted where the States had not presented evidence sufficient to
rebut the applicant's presumption of injury. The refund granted to the
applicant in this Decision was $17,680.
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/Randy's Service Station, et al RF304-15017 06/20/94
Clark Oil & Refining Corp./Watkins Oil Company, Inc RF342-7 06/21/94
Shefond Oil, Inc.......................................................... RF342-227
Crusader Candle Company, et al............................................ RF272-91659 06/22/94
Erie Lackawanna Railway Co., et al........................................ RF272-77397 06/21/94
Eureka Crude Purchasing................................................... RF272-69878 06/23/94
Franklin County Farm Bureau, et al........................................ RF272-93815 06/24/94
Gulf Oil Corporation/Blossman Gas, Inc RF300-15827 06/23/94
Gulf Oil Corporation/Chappell's Gulf #1 RF300-14318 06/23/94
D&C Diagnostic Repairs.................................................... RF300-15671
Gulf Oil Corporation/Dow Chemical Company RF300-20306 06/22/94
Gulf Oil Corporation/Lock Haven Realty Co., Inc RF300-5915 06/20/94
Candor Petroleum.......................................................... RF300-5916
McConnell Fuel Oil Co..................................................... RF300-8421
John Eggers Fuel, Inc..................................................... RF300-21791
Gulf Oil Corporation/Margate Auto Service Center, et al RF300-20115 06/23/94
Gulf Oil Corporation/McLaren Silkworth Oil, et al RRF300-18395 06/20/94
Gulf Oil Corporation/Winston C. Bresett RR300-254 06/21/94
Kaplan & Sons Construction, et al......................................... RF272-78324 06/21/94
Mead Corporation.......................................................... RF272-66380 06/24/94
Mead Corporation.......................................................... RF272-66380
Texaco Inc./Abbie Lewis Texaco Service Station RF321-11053 06/22/94
Texaco Inc./Bill Stephens Texaco, et al RF321-12414 06/20/94
Texaco Inc./Brink's Inc., et al RF321-4047 06/20/94
Texaco, Inc./Crest Hill Texaco RF321-18481 06/20/94
Billy Boy Texaco.......................................................... RF321-18482
Billy Boy Texaco.......................................................... RF321-18483
Texaco, Inc./Klein's Texaco Service Station, et al RF321-19631 06/20/94
Texaco, Inc./Richard Neal Texaco RF321-21003 06/22/94
Texaco, Inc./Santikos Texaco RF321-10960 06/24/94
Texaco Inc./The Dahl Oil Co., Inc RF321-7199 06/20/94
Automatic Comfort Corp.................................................... RF321-14326
W.H. Scheel, Inc.......................................................... RF321-18579
Warren Transportation..................................................... RC272-237 06/20/94
Western Asphalt, Inc.................................................. RA272-59
Dismissals
The following submissions were dismissed:
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Name Case No.
------------------------------------------------------------------------
Bill's Gulf Station............................... RF300-84336
Chester A. Polling, Inc........................... RF272-92306
City of Bartow.................................... RF272-84790
Consolidated Aluminum Co.......................... RF272-91823
Eladio Saenz Texaco............................... RF272-95269
Evansville Community S.D.......................... RF272-84311
Frank's Auto Repair............................... RR272-95283
Gulf Wholesale.................................... RR300-153
Haas Texaco....................................... RF321-19102
Hubert E. Glass................................... RF272-95286
J&W Tire Sales.................................... RF272-95273
Jefferson Smurfit Corp............................ RF272-92371
John M. Eaves..................................... LFA-0379
L.W. Flusche...................................... RF272-95279
Lonnie M. Stewart................................. RF272-95274
M&A Petroleum..................................... RF272-95270
Major Oil Company................................. RF321-12661
MassachusettsHospital School...................... RF272-86745
McMinn Texaco..................................... RF321-14793
McMinn Texaco..................................... RF321-14792
Municipality of Ft. Yukon......................... RF272-84336
Raymond Brockett.................................. RF321-14292
Raymond Brockett.................................. RF321-14291
Republic Taxi Company............................. RF272-55465
Silsbee Butane Company, Inc....................... RF272-95278
Volvo GM Heavy Truck.............................. RF272-92369
Wellman Oil Co.................................... RF321-14293
Zip Car Wash...................................... RF272-95268
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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: September 27, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-24586 Filed 10-4-94; 8:45 am]
BILLING CODE 6450-01-P
