[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Notices]
[Pages 60698-60700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30450]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders; Week of September 30
Through October 4, 1996
During the week of September 30 through October 4, 1996, 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,
Room 1E-234, Forrestal Building, 1000 Independence Avenue, SW,
Washington, DC 20585-0107, 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
[[Page 60699]]
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 20, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 1
Week of September 30 Through October 4, 1996
Appeals
Harold Bibeau, 10/4/96, VFA-0212
Harold Bibeau filed an Appeal from a determination issued to him by
the Oak Ridge Operations Office (DOE/OR). In his Appeal, Mr. Bibeau
asserted that DOE/OR improperly failed to provide him with documents
regarding human radiation or hormone experiments he had requested
pursuant to the FOIA. During the pendency of the Appeal, several
potentially responsive documents were discovered by DOE/OR.
Consequently, the DOE remanded the matter to DOE/OR for a determination
regarding the newly discovered documents.
James H. Stebbings, 9/30/96, VFA-0211
James Stebbings (Stebbings) filed an Appeal from a partial denial
by the Department of Energy's Argonne Group (Argonne) of a request for
information which was submitted under the Freedom of Information Act.
Stebbings appealed the adequacy of Argonne's search. The DOE found that
Argonne had conducted a search reasonably calculated to uncover
responsive material. Because the requester could not provide any
information that further records existed, the Appeal was denied.
Personnel Security Hearing
Albuquerque Operations Office, 10/4/96, VSO-0104
A Hearing Officer issued an Opinion regarding the eligibility of an
individual for access authorization under the provisions of 10 CFR Part
710. The Hearing Officer found that: (i) the individual has a mental
condition, substance abuse, which causes, or may cause a significant
defect in judgment or reliability; (ii) the individual has a long
history of abuse of illegal drugs; (iii) the individual provided false
information to the DOE; (iv) the acts of the individual tend to show
that he is not honest, reliable, or trustworthy; and (iv) the DOE's
security concerns were not overcome by evidence mitigating these
concerns. Accordingly, the Hearing Officer found that the individual
should not be granted an access authorization.
Whistleblower Proceeding
Richard W. Gallegos, 10/4/96, VWA-0004
Richard W. Gallegos claimed that he was retaliated against by
Sandia National Laboratory for making disclosures during a five-year
period about mismanagement at the Lab. An Office of Hearings and
Appeals Hearing Officer concluded that Mr. Gallegos had not shown by a
preponderance of the evidence that he made disclosures that are
protected by the DOE's Contractor Employee Protection Program, or that,
if they were protected disclosures, they contributed to adverse actions
taken against him after October 1, 1993, the date on which employees at
Sandia became covered by the Contractor Employee Protection Program.
The request for relief filed by Mr. Gallegos was accordingly denied.
Refund Applications
Burt County Cooperative, et al., 10/1/96, RR272-218 et al.
The DOE denied the Motions for Reconsideration filed by the
National Bank for Cooperatives (CoBank) on behalf of seven cooperatives
that purchased refined petroleum products during the refund period.
CoBank failed to present reasons sufficient to warrant modification of
our July 28, 1994 Decision and Order, since it could not certify that
it would pass through, in full, any refund to the members of the seven
cooperatives. Consequently, there was no assurance that the refunds
would go to people who were actually injured by the overcharges.
Texaco, Inc./Fairpark Grocery, 10/2/96, RF321-21088
The Department of Energy rescinded a refund that was granted to
Fairpark Grocery because the check was not presented for payment and
the owner of the outlet could not be located. The DOE, therefore,
directed that the refund be redeposited into the Texaco escrow account.
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.
Artcraft Industries, Inc, et al.......................... RF272-97802 10/2/96
Edmonds School District No. 15, Vicentian Sisters of RF272-97928 10/2/96
Charity. RF272-97935
Inter-State Hardwoods Co., Inc., et al................... RF272-90296 10/4/96
Louisiana Land & Exploration Co.......................... RF272-98207 10/1/96
Western AG-Minerals Co................................... RK272-3911 10/2/96
Dismissals
The following submissions were dismissed.
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Name Case No.
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Albuquerque Operations Office................ VSO-0111
Channel Flying, Inc.......................... RF272-98008
Collinson, Inc............................... RF272-99126
Hillin Production Company.................... RF272-99129
Irving N. Loomis & Sons, Inc................. RF272-99125
Lyondell Petrochemical Co.................... RR272-239
Petro San Juan............................... VEE-0029
Reuben Johnson & Son, Inc.................... RF272-99127
St. Anne's Hospital.......................... RG272-737
T. A. Loving Company......................... RF272-99116
Town of East Greenwich....................... RG272-740
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[FR Doc. 96-30450 Filed 11-27-96; 8:45 am]
BILLING CODE 6450-01-P
