[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)]
[Notices]
[Pages 57866-57867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28748]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
September 16 Through September 20, 1996
During the week of September 16 through September 20, 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, S.W.,
Washington, D.C. 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 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: October 30, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 990
Week of September 16 Through September 20, 1996
Appeals
FOIA Group Inc., 9/18/96, VFA-0208
FOIA Group, Inc. (Appellant) filed an Appeal of a Determination
issued to it by the Department of Energy (DOE) in response to a request
under the Freedom of Information Act. In the Determination, DOE's
Schenectady Naval Reactors Office stated it could not locate any
documents responsive to the Appellant's request. Upon investigation,
and clarification of the Appellant's inaccurate description of the
requested documents, the OHA located the requested documents as being
under the jurisdiction of Richland Operations Office (DOE/RL).
Accordingly, the DOE granted the Appeal and directed the matter to DOE/
RL for further action.
James D. Hunsberger, 9/20/96, VFA-0206
James D. Hunsberger filed an Appeal from a determination issued to
him by the Office of Human Experiments of the Department of Energy
(DOE) in response to a Request for Information submitted under the
Freedom of Information Act (FOIA). Mr. Hunsberger had filed a lengthy
FOIA request seeking information in DOE files concerning human
radiation experiments in general and on any experiments which may have
been performed on him in particular. He also sought information on
intra- and inter-governmental sharing of human experiment data and on
other related matters. In considering the Appeal, the DOE determined
that the Office of Human Experiments had performed an adequate search.
The DOE also found, however, that other parts of the Department might
contain responsive records. The DOE also determined that parts of the
request were so vague or broad that they could not form the basis of a
reasonable search. Accordingly, the Appeal was denied in part, granted
in part, and remanded to the Freedom of Information and Privacy Group
of the DOE Executive Secretariat to determine which parts of Mr.
Hunsberger's request could form the basis for a reasonable search,
whether the agency might have responsive documents, and the appropriate
place(s) to search for documents.
Malcolm Parvey, 9/17/96, VFA-0205
The DOE's Office of Hearings and Appeals (OHA) issued a
determination denying a Freedom of Information Act (FOIA) Appeal filed
by Malcolm Parvey (Parvey). Parvey appealed the Western Area Power
Administration's (WAPA) assessment of fees. OHA found that the fees
were properly assessed.
Refund Application
Navy Resale and Services Support Office, 9/16/95, RF272-31780
The DOE issued a Decision and Order concerning an Application for
Refund filed in the crude oil special refund proceeding. The Navy
Resale and Services Support Office (NAVRESSO) applied for a refund
based upon its purchases of motor gasoline which it then resold to
military personnel and their dependents. In support of its application,
NAVRESSO asserted that all profits from its operations were funneled
into a morale, welfare and recreation fund (MWR Fund) which supports
programs for members of the military and their dependents. Thus,
NAVRESSO argued that it was economically inseparable from its customers
and it should therefore be considered an end-user. NAVRESSO also argued
that it should be granted a refund because it would funnel any refund
it receives back to its customers through the MWR Fund. The DOE found
that NAVRESSO was a retailer and that there was not such an identity of
interest between NAVRESSO, the MWR Fund and the purchasers of
NAVRESSO's gasoline to justify treating NAVRESSO as an end-user.
Further, the DOE found that giving NAVRESSO a refund and having it
distribute the refund through the MWR Fund would
[[Page 57867]]
not constitute sufficient restitution to the individuals actually
injured by the overcharges. Because the DOE determined that NAVRESSO
was not injured by the overcharges and that a refund to it would not
provide restitution to injured persons, NAVRESSO's application was
denied.
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.
Cascade Aggregates, Inc. et al... RK272-00432............. 09/17/96
City of Hayward.................. RF272-69291............. 09/16/96
James Hagan; Thomas Hagan........ RJ272-19, RJ272-20...... 09/17/96
Lasalle Farmers Grain Co. et al.. RG272-631............... 09/16/96
Telleri Trucking Co. et al....... RG272-00544............. 09/18/96
Dismissals
The following submissions were dismissed:
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Name Case No.
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Dorchester Cooperative......................... RG272-670
Jack Daniel Distillery......................... RG272-848
Maywood Cooperative Association................ RF272-76889
Scandinavia Cooperative Produce Company........ RG272-585
Western Stone Products......................... RR272-244
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[FR Doc. 96-28748 Filed 11-7-96; 8:45 am]
BILLING CODE 6450-01-P
