[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)]
[Notices]
[Pages 57867-57868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28749]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
September 23 Through September 27, 1996
During the week of September 23 through September 27, 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. 991
Week of September 23 Through September 27, 1996
Appeals
Dirk T. Hummer, 9/27/96, VFA-0209
The Department of Energy issued a Decision and Order denying a
Freedom of Information Act Appeal that was filed by Dirk T. Hummer. In
his Appeal, Mr. Hummer contested a finding by the Richland Operations
Office that the documents he requested were not ``agency records,'' and
were therefore not subject to the FOIA. In the Decision, the DOE found
that the documents in question were not ``agency records.'' Mr.
Hummer's Appeal was therefore denied.
Local Union # 701, I.B.E.W., 9/27/96, VFA-0210
Local Union #701, I.B.E.W. (IBEW) filed an Appeal from a
determination issued to it on August 22, 1996, by the Department of
Energy's Fermi Group. In that determination, the Fermi Group Manager
stated that the payroll records sought by the IBEW are not the property
of the Department of Energy. In considering the Appeal, the DOE
confirmed that the records requested by the IBEW are not agency records
subject to the FOIA. Accordingly, the DOE denied the IBEW Appeal.
Personnel Security Hearing
Rocky Flats Field Office, 9/23/96, VSO-0093
An OHA Hearing Officer issued an opinion concerning the continued
eligibility of an individual for access authorization under 10 C.F.R.
Part 710, entitled, ``Criteria and Procedures for Determining
Eligibility for Access Authorization to Classified Matter or Special
Nuclear Material.'' The Rocky Flats Field Office (RFFO) had suspended
the individual's access authorization based on security concerns
arising from the individual's harrassment of a female coworker. The
Hearing Officer found the individual had not produced evidence that
would mitigate security concerns. Accordingly, the Hearing Officer
found that the individual's access authorization should not be
restored.
Refund Applications
Eason Oil Co./M&M Gas Company, 9/24/96, RF352-6, RF352-10 thru RF352-14
The DOE issued a Decision and Order concerning a refund application
that was submitted on behalf of the former partners of M&M Gas Company
in the Eason Oil Company (Eason) special refund proceeding. The DOE
found that M&M Gas Company was a retailer of Eason products that
qualified for a refund under the 60% mid-range presumption of injury.
The DOE granted M&M Gas Company a total refund of $40,662. The OHA
determined that the original partners in the business, Max Miller and
John Mahoney retained their right to the company's refund. Since both
of these individuals are deceased, the OHA identified their respective
successors in interest and divided the refund among those individuals.
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.
[[Page 57868]]
Crude Oil Supplemental Refund RB272-87................ 09/27/96
Distribution.
Crude Oil Supplemental Refund RB272-89................ 09/27/96
Distribution.
John Sexton Contractors Co....... RK272-03854............. 09/24/96
Rock Road Companies, Inc., et al. RK272-01370............. 09/27/96
Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
Almena Cooperative Association................. RG272-600
George O'Nale.................................. VFA-0216
Paul T. Freier................................. VF-0214
Richmond County................................ RF272-98121
State of New Hampshire......................... RF272-98133
------------------------------------------------------------------------
[FR Doc. 96-28749 Filed 11-7-96; 8:45 am]
BILLING CODE 6450-01-P
