[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Notices]
[Pages 63466-63467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30394]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
August 17 Through August 21, 1998
During the week of August 17 through August 21, 1998, 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.
Copies of the full text of these decisions and orders are available
in the Public Reference Room of the Office of Hearings and Appeals, 950
L'Enfant Plaza, SW, Washington, D.C. 20585-0107, Monday through Friday,
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: November 3, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 99
Appeals
Baker, Donelson, Bearman & Caldwell, 8/20/98, VFA-0430
Baker, Donelson, Bearman & Caldwell filed an Appeal from a
determination issued to it by the Golden Field Office of the Department
of Energy (DOE) in response to a Request for Information submitted
under the Freedom of Information Act. The law firm request sought
records related to the DOE's ``Building America'' program and a
particular Request for Proposal issued pursuant to that program. The
Golden Field Office released all responsive records except for one
document which it withheld in full pursuant to Exemption 4. In
considering the Appeal, the DOE determined that the determination
letter employed three, analytically distinct, Exemption 4 tests: for
trade secrets, for commercial or financial information that is
voluntarily submitted, and for commercial or financial information that
is involuntarily submitted. Because the tests are analytically
distinct, they are mutually exclusive, and cannot be melded together
for the same information. In addition, the determination letter did not
explain the application of any of these three standards. Accordingly,
the DOE granted the appeal in part and remanded the matter to the
Golden Field Office to issue a new determination.
Bernice McCulloch, 8/17/98, VFA-0427
[[Page 63467]]
The DOE issued a Decision and Order denying a Freedom of
Information Act (FOIA) Appeal that was filed by Bernice McCulloch. In
her Appeal, Ms. McCulloch challenged the adequacy of the search for
responsive documents performed by the Oak Ridge Operations Office. In
the Decision, the DOE found that the search was adequate.
HANFORD EDUCATION ACTION LEAGUE, 8/17/98 VFA-0431
The DOE's Office of Hearings and Appeals (OHA) granted an appeal of
a determination in response to a request for documents from the DOE's
Richland Operations Office (DOE/RL). While finding that DOE/RL
conducted an adequate search for documents, the OHA remanded the matter
to the DOE's FOI and Privacy Group for a search of offices at DOE
Headquarters.
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.
Crude Oil Supple Refund Dist............................. RB272-00142 8/19/98
[FR Doc. 98-30394 Filed 11-12-98; 8:45 am]
BILLING CODE 6450-01-U
