[Federal Register Volume 61, Number 239 (Wednesday, December 11, 1996)]
[Notices]
[Pages 65206-65207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31418]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals; Week of October 21 Through October 25, 1996
During the week of October 21 through October 25, 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: December 4, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 4
Week of October 21 through October 25, 1996
Appeals
Perkins Coie, 10/25/96 VFA-0221
The law firm of Perkins Coie filed an Appeal from a determination
issued to it on August 20, 1996 by the Bonneville Power Administration
(BPA) of the Department of Energy (DOE). In that determination, BPA
denied in part Perkins Coie's request for information filed under the
Freedom of Information Act (FOIA). In its Appeal, Perkins Coie
challenged BPA's application of Exemption 5 to three requested
documents in dispute and requested that the DOE direct BPA to release
the documents. In considering the Appeal, the Office of Hearings and
Appeals found that BPA properly applied the threshold requirements of
Exemption 5 to the requested documents at issue, and that there was no
public interest in its release. However, the Office of Hearings and
Appeals remanded this Appeal to BPA to issue a new determination,
either releasing reasonably segregable factual material or explaining
the reasons for withholding any factual material contained in the
documents. Therefore, the Department of Energy granted Perkins Coie's
Appeal.
Radian International, 10/21/96 VFA-0220
The Department of Energy (DOE) issued a Decision and Order (D&O)
denying a Freedom of Information Act (FOIA) Appeal that was filed by
Radian International. In its Appeal, Radian requested that we review a
determination issued by the Oak Ridge Operations office that certain
documents were not ``agency records'' and were therefore not subject to
release under the FOIA. Radian also expanded the scope of its original
request to include additional documents. In the Decision, the OHA found
that the documents in question were not agency records, and that a FOIA
appeal is not the appropriate venue for the consideration of an initial
request for documents. The OHA therefore remanded Radian's request for
additional documents to the Oak Ridge Office for processing under the
FOIA, and denied Radian's appeal of Oak Ridge's original determination.
Personnel Security Hearing
Pittsburgh Naval Reactors Office, 10/24/96, VSO-0103
A Hearing Officer from the Office of Hearings and Appeals issued an
Opinion regarding the eligibility of an individual for access
authorization under the provisions of 10 C.F.R. Part 710. After
carefully considering the record of the processing in view of the
standards set forth in Part 710, the Hearing Officer found that: (i)
the individual has a history of abuse of illegal drugs; (ii) the
individual provided false information to the DOE; (iii) the acts of the
individual tend to show that the individual is not honest, reliable, or
trustworthy; and (iv) the DOE's security concerns regarding these
behaviors were not overcome by evidence mitigating the derogatory
information underlying the DOE's charges. Accordingly, the Hearing
Officer found that the individual's access authorization should not be
granted.
Requests for Exception
J. Enterprises, Inc., 10/24/96, VEE-0027
J. Enterprises, Inc. filed an Application for Exception from the
requirement that it file Form EIA-782B, the ``Reseller/Retailer's
Monthly Petroleum Product Sales Report.'' The DOE found that the firm
was not affected by the reporting requirement in a manner different
from other similar firms, and consequently was not experiencing a
special hardship, inequity, or unfair distribution of burdens.
Accordingly, the firm's Application for Exception was denied.
Oil Products, Inc., 10/21/96, VEE-0023
Oil Products, Inc. filed an Application for Exception from the
Energy Information Administration requirement that it file Form EIA-
782B, the ``Resellers'/Retailers' Monthly Petroleum Product Sales
Report.'' In considering Oil Product's request, the DOE found that the
firm was not experiencing a serious hardship or gross inequity.
Accordingly, exception relief was denied.
Interlocutory Order
Meta, Inc., 10/23/96, VWZ-0007
A Hearing Officer from the Office of Hearings and Appeals denied a
Motion to Dismiss filed by Maria Elena Torano Associates, Inc. (META).
In its Motion, META sought the dismissal of a complaint filed by C.
Lawrence Cornett (Cornett) under the DOE's Contractor Employee
Protection Program, 10 C.F.R. Part 708. META alleged that Cornett's
complaint failed to state an actionable claim. Specifically, META
asserted that Cornett failed to make a protected
[[Page 65207]]
disclosure under Part 708 since the information contained in his
alleged disclosures was already known by DOE or META and that
information disclosed did not involve any substantial and specific
threats to health and safety. The Hearing Officer held that, under Part
708, a disclosure need not consist of unique information that is
unknown to the recipient. Further, the Hearing Officer found that a
disclosure, to be protected under Part 708, need not in fact involve a
substantial and specific danger to employees or public health and
safety as long as individual making the disclosure in good faith
believes that the disclosure concerns a substantial and specific
danger. The Hearing Officer also found that the question regarding
Cornett's beliefs was a factual matter. Consequently, the Hearing
Officer denied the Motion.
Refund Application
Steuben CO. Farm Bureau, 10/21/96, RF272-97912
The DOE issued a Decision and Order concerning one Application for
Refund filed by Steuben Co. Farm Bureau in the Subpart V crude oil
overcharge refund proceeding. The DOE determined that Steuben Co. Farm
Bureau was not entitled to a refund since it had filed a Retailer's
Escrow Settlement Claim Form and Waiver. In this filing, Steuben Co.
Farm Bureau requested a Stripper Well refund from the Retailers'
escrow, thereby waiving its right to a Subpart V crude oil refund.
Accordingly, the DOE denied the Application for Refund.
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.
Aline Manire, et al...................................... RF272-94540 10/23/96
Atlantic Richfield Co./Jerair Panosian................... RF304-15505 10/24/96
Atlantic Richfield Co./Ron's ARCO........................ RF304-15506 10/24/96
Beaver Valley Builders Supply, Inc., et al............... RF272-95100 10/24/96
Crude Oil Supple Ref Dist................................ RB272-00092 10/23/96
Holstein Coop Elevator, et al............................ RG272-6 10/23/96
Ruth A. Martinek......................................... RJ272-24 10/24/96
W.E. Bartholw & Son Const., et al........................ RK272-01406 10/21/96
Dismissals
The following submissions were dismissed.
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Name Case No.
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Craig W. Anderson............................ VFA-0207
Craid W. Anderson............................ VFA-0212
Loyd Jones Well Service...................... RF272-96591
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[FR Doc. 96-31418 Filed 12-10-96; 8:45 am]
BILLING CODE 6450-01-P
