[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Notices]
[Pages 72307-72308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34680]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders; Week of August 31
through September 4, 1998
During the week of August 31 through September 4, 1998, 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, 950
L'Enfant Plaza, SW, Washington, DC, Monday through Friday, 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 22, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.
Department of Energy
Office of Hearings and Appeals
Washington, D.C. 20585-0107
Decision List No. 101, Week of August 31 through September 4, 1998
Appeals
Heart of America Northwest, 9/2/98, VFA-0435
Heart of America Northwest filed an Appeal from July 1, 1998 and
July 7, 1998 determinations of the Director of the Office of External
Affairs (Director) of the Department of Energy's (DOE) Richland
Operations Office requesting copies of documents regarding various
types of waste at the Hanford Site. In considering the Appeal, the DOE
determined that the Director should not have withheld the name of a
commercially available chemical product, but that the Director properly
withheld other responsive information pursuant to Exemption 4.
Accordingly, the DOE partially granted the Heart of America Northwest
Appeal.
Scripps Institute of Oceanography, 9/2/98, VFA-0434
The Department of Energy (DOE) issued a Decision and Order (D&O)
denying a Freedom of Information Act (FOIA) Appeal that was filed by
Scripps Institute of Oceanography. In its Appeal, Scripps requested
that we review a determination issued by the Federal Energy Technology
Center that certain documents relating to the relationship between a
DOE contractor and one of its subcontractors were exempt in their
entirety from mandatory disclosure pursuant to Exemptions 4 and 7(A).
In the Decision, the OHA found that the documents were voluntarily
submitted for purposes of Exemption 4 and were thus confidential under
the Critical Mass decision because they were customarily treated as
confidential by the contractor. The documents were therefore properly
withheld under Exemption 4. However, the OHA found that Exemption 7(A)
was inapplicable because the documents were not compiled for law
enforcement purposes, as that term is used in the Exemption.
William Payne, 9/3/98, VFA-0436
William Payne (Payne) filed an Appeal from a determination of the
Department of Energy's (DOE) Albuquerque Operations Office requesting
copies of documents related to contracts between a private company and
Sandia National Laboratories, Los Alamos National Laboratories or DOE.
DOE stated that the type of procurement files requested are not
``agency records'' and thus not subject to release under the FOIA. In
considering the Appeal, the Office of Hearings and Appeals (OHA)
determined that the records requested were the property of the
contractor and were not covered by the FOIA. Accordingly, the DOE
denied Payne's Appeal.
Personnel Security
Personnel Security Hearing, 8/31/98, VSO-0203
An Office of Hearings and Appeals Hearing Officer recommended that
the Personnel Security Division of the Department of Energy/Albuquerque
Operations Office restore an
[[Page 72308]]
individual's access authorization. After carefully examining the record
of the proceeding, the Hearing Officer determined that the individual
had demonstrated that he is sufficiently rehabilitated and reformed
from his past alcohol dependence problem.
Refund Application
Oasis Petroleum Corporation/Kash N' Karry Food Stores, Inc., 9/2/98,
RF348-1
The DOE issued a Decision and Order granting an Application for
Refund filed by Kash n' Karry Food Stores, Inc., in the Oasis special
refund proceeding. The DOE found that the Applicant made a reasonable
demonstration that its predecesor, Lucky Stores, Inc., was injured by
Oasis' violation of federal petroleum allocation regulations. The total
refund amount granted to the applicant in this Decision is $537,869
(comprised of $394,724 in principal and $143,145 in interest).
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.
Ainsworth Van Lines, Inc. et al........................ RF272-85019 8/31/98
Atchison Casting Corp.................................. RK272-01565 9/2/98
Barton Brands, Ltd..................................... RK272-04299 9/2/98
Nordis A. Lindholm..................................... RK272-04828 9/2/98
Wal-Mac, Inc........................................... RK272-03957 9/2/98
Dismissals
The following submissions were dismissed.
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
Hydro Conduit Corp........................... RK272-04379
Ineel Research Bureau........................ VFA-0352
Kathy Cagle.................................. VFA-0437
L.G. Shartzer................................ RK272-01551
Personnel Security Hearing................... VSO-0225
Sarah L. Wicklund............................ RK272-04200
Wrenn Lumber Corp............................ RK272-01552
Vapor Corp................................... RK272-04776
------------------------------------------------------------------------
[FR Doc. 98-34680 Filed 12-30-98; 8:45 am]
BILLING CODE 6450-01-P
