[Federal Register Volume 61, Number 239 (Wednesday, December 11, 1996)]
[Notices]
[Pages 65207-65208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31420]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals; Week of November 11 Through November 15, 1996
During the week of November 11 through November 15, 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. 7
Week of November 11 through November 15, 1996.
Appeals
Nathaniel Hendricks, 11/13/96, VFA-0229
The OHA denied an appeal of a Freedom of Information determination
issued by the Chicago Operations Office (COO). Previously, the OHA had
remanded to COO a request by the appellant so that COO could search for
responsive documents concerning five specific events that occurred in
Chicago in the 1940's. The appellant conjectured that the events were
connected with Manhattan Project. When COO responded that it could find
no responsive documents, the appellant claimed that COO had not
conducted an adequate search. The OHA questioned personnel at COO about
the search, and determined that there had been a search reasonably
calculated to uncover requested documents. Consequently, the OHA denied
the appeal.
Personnel Security Hearings
Albuquerque Operations Office, 11/14/96, VSO-0102
A Hearing Officer of the Office of Hearings and Appeals issued an
opinion concerning the continued eligibility of an individual for
access authorization under 10 C.F.R. Part 710, ``Criteria and
Procedures for Determining Eligibility for Access to Classified Matter
or Special Nuclear Material.'' After considering the record in view of
the standards set forth in Part 710, the Hearing Officer found that the
information presented by the DOE with respect to the individual's
positive drug test for marijuana use was sufficient to raise a
substantial concern that the individual may be a frequent recreational
user of that drug and to support a denial of access authorization
pursuant to 10 C.F.R. 710.8(k). The Hearing Officer also found that the
individual had failed to present sufficient evidence to support his
assertion that his marijuana use was
[[Page 65208]]
limited to one occasion in recent years. As a result, the Hearing
Officer found that the evidence of rehabilitation and reformation was
insufficient to mitigate the concerns raised by the positive drug test.
Finally, the Hearing Officer found that conflicting statements
concerning drug use made by the individual to his drug counselor and to
DOE security personnel were sufficient to support a denial of access
authorization pursuant to 10 C.F.R. 710.8(l). Accordingly, the Hearing
Officer concluded that, in his opinion, the individual's access
authorization should not be restored.
Oak Ridge Operations Office, 11/13/96, VSO-0100
A Hearing Officer issued an Opinion regarding the eligibility of an
individual to maintain an access authorization under the provisions of
10 C.F.R. Part 710. The DOE Personnel Security Division alleged that
the individual: (1) deliberately falsified significant information
provided to the DOE; (2) ``[t]rafficked in, sold, transferred,
possessed, used, or experimented with a drug or other substance listed
in the Schedule of Controlled Substances established pursuant to
Section 202 of the Controlled Substances Act of 1970''; and (3)
``[e]ngaged in * * * unusual conduct or is subject to circumstances
which tend to show that the individual is not honest, reliable, or
trustworthy * * * ''. See 10 C.F.R. 710.8 (f), (k), and (l). On
September 24, 1996, an evidentiary hearing was convened in which one
witness testified. After carefully examining the record of the
proceeding, the Hearing Officer determined that the individual
deliberately falsified information on a Questionnaire for Sensitive
Positions, used an illegal drug, and engaged in conduct demonstrating
that he is not honest, reliable or trustworthy within the meaning of 10
C.F.R. 710.8(l). Accordingly, the Hearing Officer recommended that DOE
Security not restore the individual's access authorization.
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.
Columbia Township Schools, et al......................... RF272-87150 11/15/96
Cochise Airlines, Inc., et al............................ RG272-84 11/15/96
S.W. Foley............................................... RJ272-25 11/13/96
SIGMA-4 Express, Inc., et al............................. RF272-97335 11/12/96
Summit City Enterprises.................................. RF272-97829 11/12/96
Ben-Lee Motor Service.................................... RF272-97858
Town Center Management Corp.............................. RR272-248 11/12/96
Dismissals
The following submissions were dismissed.
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
Air Florida Airlines......................... RG272-996
Allegheny Development Corp................... RG272-765
Crooker & Sons, Inc.......................... RG272-918
Diocese of Monterey.......................... RG272-785
Franklin Co. Grain Growers, Inc.............. RG272-942
Graves Construction Co, Inc.................. RG272-757
Great Bay Distributors Inc................... RG272-756
National Linen Service....................... RG272-995
Ray Bell..................................... RG272-755
Roman Catholic Bishop of Monterey............ RG272-786
Roman Catholic Diocese of Sacramento......... RG272-787
Tri-City Electrical Contractors, Inc......... RG272-799
Wayne Densch, Inc............................ RG272-791
West Bldg Materials/ Associated Dist......... RG272-790
Unisource.................................... RG272-797
------------------------------------------------------------------------
[FR Doc. 96-31420 Filed 12-10-96; 8:45 am]
BILLING CODE 6450-01-P
