[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Notices]
[Pages 63541-63542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31386]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
September 8 Through September 12, 1997
During the week of September 8 through September 12, 1997, 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, 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.
[[Page 63542]]
Dated: November 20, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 50; Week of September 8 Through September 12, 1997
Appeals
Bruce Darrow Gaither, 9/8/97; VFA-0324
The Department of Energy denied a Freedom of Information Act Appeal
filed by Bruce Darrow Gaither. In his Appeal, Gaither contested the
adequacy of the search for responsive documents performed by the DOE's
Freedom of Information and Privacy Act Division. After reviewing the
scope of the search, the DOE concluded that the search was adequate.
Greenpeace USA, 9/11/97; VFA-0311
Greenpeace USA appealed a Determination issued to it in response to
a request made under the Freedom of Information Act (FOIA) for
information on contracts for technical assistance that DOE's Idaho
Operations Office (ID) provided to California in the development of new
commercial low-level radioactive waste management systems. ID withheld
some documents under Exemptions 3, 4, and 6 of the FOIA. Material
withheld under Exemption 3 was categorized as exempt under the National
Defense Authorization Act of 1997 (NDAA), which generally prohibits the
release of proposals. The DOE found on Appeal that some of the withheld
material did not meet the NDAA's requirement of a solicitation for a
competitive proposal. In addition, the DOE found that some material
withheld was non-exempt. Accordingly, the Appeal was granted in part
and the case was remanded to ID for further action.
Janice C. Curry, 9/9/97; VFA-0313
The DOE granted an Appeal by a former DOE contractor employee for
documents related to her employment. The DOE found that the Office of
Environmental Management (EM) did not adequately address the basis for
its withholding of information under FOIA Exemption 6, and that EM's
search for responsive documents was inadequate. The matter was,
therefore, remanded to EM.
Ralph C. Elkins, 9/12/97; VFA-0317
Ralph C. Elkins appealed a denial by the Freedom of Information and
Privacy Act Division of a request for his security clearance file that
he submitted under the Privacy Act. The FOIA Division had not found the
requested file. In considering the Appeal, the DOE found that the FOIA
Division had conducted an adequate search for responsive documents, and
it accordingly denied the Appeal.
Personnel Security Hearing
Personnel Security Hearing, 9/10/97; VSO-0151
A Hearing Officer issued an Opinion regarding the eligibility of an
individual for access authorization under the provisions of 10 C.F.R.
Part 710. The Hearing Officer found the individual had harassed his ex-
spouse and three co-workers and that this conduct, as specified by
Criterion L, indicated that he may not be honest, reliable or
trustworthy or may be subject to pressure, coercion, exploitation or
duress. The Hearing officer found that the individual had engaged in a
number of harassing acts towards his ex-spouse and three co-workers and
that he had not demonstrated sufficient evidence of reformation. The
Hearing officer also found that the individual had been diagnosed by a
psychiatrist as suffering from mixed personality disorder and
depressive disorder and that in the psychiatrist's opinion these
illnesses could cause a significant defect in judgment and reliability,
as specified by Criterion H. Although the individual presented
witnesses testifying that he did not exhibit the personality
characteristics described by the DOE psychiatrist, the Hearing Officer
concluded that he had not presented sufficient evidence to warrant
rejection of the psychiatrist's opinion. Given the above findings, the
Hearing Officer recommended that the individual's access authorization
should not be restored.
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.
Buttler County Commission, et al: RF272-76385, 9/10/97
Crude Oil Ref. Dist.: RB272-00117, 9/11/97
Empire Gas Corp./Howe Laundry: et al: RF335-00001, 9/12/97
Estate of Victor G. Zonver et al: RK272-01788, 9/11/97
Godwin Constsruction Co. et al: RF272-98611, 9/11/97
Worley's Asphalt & Paving Co. et al: RK272-04466, 9/11/97
Dismissals
The following submissions were dismissed.
American Building Components Co., Case No. RF272-57013
Arka, Inc., Case No. RF272-94509
Damar Worldwide, Inc., Case No. VEE-0048
Houston Slag Materials Company, Case No. RK272-04476
Midwest Paving Company, Case No. RG272-00836
[FR Doc. 97-31386 Filed 11-28-97; 8:45 am]
BILLING CODE 6450-01-P
