[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29369]
[[Page Unknown]]
[Federal Register: November 29, 1994]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
October 24 Through October 28, 1994
During the week of October 24 through October 28, 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.
Appeal
Robert Heitmann, 10/26/94, LFA-0425
Robert Heitmann (Heitmann) filed an Appeal from a determination
issued to him by the Office of Intergovernmental and External Affairs
(OIEA) of the Albuquerque Operations Office (Albuquerque) of the
Department of Energy (DOE). The determination stated that there were no
responsive documents pursuant to Heitmann's Freedom of Information Act
(FOIA) request. Heitmann had requested analysis results of data taken
during a March 1994 Air Force survey of a 1950 crash site at Travis Air
Force Base in California. The Air Force stated that the results of this
survey would be analyzed by Sandia National Laboratories (Sandia). In
considering the Appeal, the DOE found that the FOIA request had only
been forwarded to Sandia facilities located in New Mexico and that the
Sandia facilities in Livermore, California had not been contacted.
Consequently, the DOE remanded the matter to the OIEA to search Sandia
facilities in Livermore, California for responsive documents.
Implementation of Special Refund Procedures
Beacon Bay Enterprises, Inc. 10/27/94, LEF-0074
The DOE issued a Decision and Order implementing special refund
procedures to distribute $100,697.87, plus accrued interest, which
Beacon Bay Enterprises, Inc. (Beacon Bay) remitted to the DOE pursuant
to a June 21, 1982 Remedial Order. The DOE determined that it would
distribute the fund in two stages. In the first stage, the DOE will
accept applications for refund from those claiming injury as a result
of Beacon Bay's violations of Federal petroleum pricing regulations. If
any funds remain after meritorious claims are paid in the first stage,
they will be used for indirect restitution through the States in
accordance with the provisions of the Petroleum Overcharge Distribution
and Restitution Act of 1986.
Doma Corp., 10/27/94, 10/27/94 LEF-0049
The Department of Energy issued a Decision and Order setting forth
procedures for the disbursement of $5,982.32, received as a result of a
Consent Order between the DOE and Doma Corporation and Don Martin. The
DOE determined that the fund should be distributed in accordance with
the DOE's Modified Statement of Restitutionary Policy in the crude oil
overcharge cases.
Refund Applications
Shell Oil Company/the Atchison, Topeka & Santa Fe Railway Co., Inc.,
10/28/94, RR315-6
The DOE denied a Motion for Reconsideration filed by The Atchison,
Topeka & Santa Fe Railway Co., Inc. (Santa Fe) in the DOE's Shell Oil
Company (Shell) refund proceeding. In making its determination, the DOE
found that Santa Fe had previously settled a law suit it had filed
against Shell based on the exact same claims that its above-volumetric
refund claim was based. Since Santa Fe had reached a settlement, for
which it received $550,000, and had moved the federal district court,
in which its claim had been filed, to dismiss its case with prejudice,
DOE found that it was collaterally estopped from further asserting its
claim.
The DOE also found that Santa Fe has failed to show that Shell had
incorrectly calculated its Maximum Legal Selling Price (MLSP). Santa Fe
had claimed that Shell should have based its calculation of Santa Fe's
MLSP on a May 15, 1973 selling price of 9.2 cents a gallon, instead of
the 14.5 cents a gallon that it actually used. The DOE found that Santa
Fe's contentions were without merit, since Santa Fe's May 15, 1973
selling price was based on a different type of diesel fuel than Santa
Fe actually purchased during the refund period.
Standard Oil Co. (Indiana)/Oklahoma, 10/27/94, RM8-272, RM5-273, RM13-
274, RM1-275, RM251-276
The DOE issued a Decision and Order denying Motions for
Modification of previously-approved refund plans filed by the State of
Oklahoma in the Belridge Oil Company, Palo Pinto Oil & Gas, OKC Corp.,
Vickers Energy Corp., and Standard Oil Company (Indiana) refund
proceedings. Oklahoma requested permission to use $25,000 in interest
from funds which the State originally received for other second-stage
refund plans to resurface 2.5 to 3 miles of road in the small town of
Morris. The DOE found that the restitutionary benefits of this proposal
were uncertain and remote. It also noted that such repaving projects
would normally be funded by other sources. States may not use second-
stage refund monies to supplant available federal, state, or local
funds. Accordingly, the State's Motions for Modification were denied.
Cuyahoga Landmark, Inc., 10/28/94, RF272-94876
Cuyahoga Landmark, Inc. (Cuyahoga) filed an Application for Refund
in the Subpart V crude oil refund proceeding. Cuyahoga was an
agricultural cooperative that became a for-profit petroleum reseller in
1984. The Application for Refund was based on the cooperative's
purchases of refined petroleum products that were subsequently resold
to cooperative members during the price control period. As a part of
its application, Cuyahoga certified that it would pass 100 percent of
any crude oil refund through to the members of the cooperative during
the price control period and distribute that refund on a pro rata
basis. Cuyahoga's application also stated that the company still has
records of its members' purchases and could use those records to
distribute a crude oil refund. Therefore, the DOE concluded that
granting a refund to Cuyahoga would provide appropriate restitution to
members of the cooperative during the price control period.
Accordingly, the Application for Refund was granted.
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/Pacific Palisades Car Wash et al............... RF304-14746 10/27/94
Atlantic Richfield Company/Rocco's ARCO et al............................. RF304-14589 10/25/94
Atlantic Richfield Company/Superior Oil Co. et al......................... RF304-14631 10/28/94
Eagle Coal & Dock et al................................................... RF272-94905 10/28/94
Forest River Farmers Elevator Company et al............................... RF272-94706 10/25/94
Good Hope Refineries/Bray Terminals, Inc.................................. RF339-20 10/27/94
Tenneco, Inc.............................................................. RF339-21
Amoco Oil Company......................................................... RF339-22
Gulf Oil Corporation/Gary Refining Company, Inc........................... RF300-18276 10/24/94
Gulf Oil Corporation/Gulf 23 et al........................................ RF300-21601 10/27/94
Gulf Oil Corporation/King Gulf et al...................................... RF300-21301 10/25/94
Gulf Oil Corporation/Morris E. Wisser Coal & Fuel Oil, Inc................ RF300-21447 10/24/94
Morris E. Wisser Coal & Fuel Oil, Inc..................................... RF300-21795
Martin & Martin Fuels et al............................................... RF272-93676 10/27/94
Shell Oil Company/Cantu Shell............................................. RR315-10 10/24/94
Texaco Inc./Curran's Texaco............................................... RF321-21039 10/28/94
Texaco Inc./Westside Gas.................................................. RR321-169 10/27/94
Dismissals
The following submissions were dismissed:
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Name Case No.
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B & J Citgo....................................... RF321-9087
City of Hiawatha.................................. RF272-89727
Cole Texaco #1.................................... RF321-13053
COLE Texaco #2.................................... RF321-13054
COLE Texaco #3.................................... RF321-13055
Dick's Suburban Texaco............................ RF321-7490
Hammel's Express, Inc............................. RF272-97285
Harris Texaco..................................... RF321-7641
Koppers Company, Inc.............................. RF272-98980
Koppers Company, Inc.............................. RF272-99146
Municipality of Metro Seattle..................... RF321-6559
Myer's Metered Gas Service........................ RF321-9524
North Grand Texaco at 1601........................ RF321-6620
North Point Cab Company, Inc...................... RF272-98915
Sellers Texaco.................................... RF321-9616
Spencer School District........................... RF272-86792
Star Service Texaco............................... RF321-10434
Sturgis Lumber Co................................. RF272-98119
Sturgis Lumber Co................................. RF272-98901
Tahoe-Truckee Unified School District............. RF272-78985
The Farmer's Coop, Inc............................ RF272-92239
Vulcan Power Company.............................. VFA-0004
Zarate Texaco..................................... RF321-19724
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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, S.W.,
Washington, D.C. 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: November 21, 1994 .
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-29369 Filed 11-28-94; 8:45 am]
BILLING CODE 6450-01-P
