[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Notices]
[Pages 63467-63468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30395]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
August 24 through August 28, 1998
During the week of September 24 through August 28, 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. 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, 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. 100
Appeal
Neutron Technology Corporation, 8/27/98, VFA-0432
The OHA denied an appeal of a determination in response to a
request for documents from the DOE's Brookhaven National Laboratory
(BNL). The OHA found that, pursuant to the contract under which the
requested documents were created, the documents were the property of
the contractor and thus not agency records subject to the FOIA.
Personnel Security
Personnel Security Hearing, 8/24/98, VSO-0207
An OHA Hearing Officer issued an Opinion regarding the eligibility
of an individual to maintain access authorization under the provisions
of 10 C.F.R. Part 710. The Hearing Officer found the individual had not
produced sufficient evidence to mitigate the security concern raised by
a positive test result for marijuana. In particular, the Hearing
Officer found that the individual's inconsistent statements regarding
her knowledge and intention of marijuana use raised substantial doubt
about whether she had falsified information that she provided in a
Personnel Security Interview. On the basis of those unresolved security
concerns, the Hearing Officer recommended that the individual's access
authorization not be restored.
Refund Application
Varity Kelsey-Hayes Company F/K/A Fruehauf Corp., 8/26/98, RC272-00391
The DOE issued a Decision and Order rescinding half of a refund
from one company and denying two Applications for Supplemental Refund
and two Applications for Refund from two other companies in the crude
oil refund proceeding. The two latter companies, Fruehauf Trailer Corp.
(FTC) and Fruehauf Trailer Services, Inc. (FTS) applied for refunds
based on the original refund that the first company, Fruehauf Corp.
(Fruehauf) had received. The OHA first found that FTC and FTS were
ineligible for either supplemental or original refunds because those
applicants were simply challenging the propriety of the grant of the
original refund to Fruehauf. The OHA deemed this challenge to be
untimely because FTS and FTC had failed to meet the June 30, 1995 crude
oil proceeding filing deadline. Moreover, the OHA examined the material
FTS and FTC submitted and found that Fruehauf had been ineligible to
receive half the refund it had been granted. The OHA therefore
rescinded half of Fruehauf's original refund. However, because the OHA
also granted a supplemental refund based on the remaining gallonage,
the successor corporation to Fruehauf was not required to repay any
funds to the Department of Energy.
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.
Cherokee Brick Co. et al................................. RF272-98900 8/27/98
General Car & Truck Leasing.............................. RF272-98964 8/28/98
Grumman Aerospace Corp................................... RF272-52464 8/26/98
Grumman Aerospace Corp................................... RD272-52464 ..............
Ilene Deatherage et al................................... RK272-01586 8/28/98
Morton International et al............................... RK272-01965 8/28/98
Renaissance Westchester Hotel............................ RK272-04415 8/27/98
Twin County Service Co................................... RG272-00151 8/27/98
[[Page 63468]]
Dismissals
The following submissions were dismissed.
------------------------------------------------------------------------
Case No. Name
------------------------------------------------------------------------
Edna Schonthaler............................. RK272-01755
John Gilmore................................. VFA-0425
Jurischik Bros. Drywall, Inc................. RK272-04071
Montpelier Orchard Mgmt. Co.................. RK272-04377
Star Foundation.............................. VFA-0440
Watson & Watson.............................. RK272-04572
------------------------------------------------------------------------
[FR Doc. 98-30395 Filed 11-12-98; 8:45 am]
BILLING CODE 6450-01-P
