[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Notices]
[Pages 7784-7785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3850]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders; Week of October 27
Through October 31, 1997
During the week of October 27 through October 31, 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.
Dated: February 6, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 57: Week of October 27 Through October 31, 1997
Appeals
Chemdata, Inc., 10/31/97, VFA-0342
ChemData, Inc. appealed a Determination issued to it by the
Department of Energy in response to a request under the Freedom of
Information Act (FOIA) for information concerning bid prices for a
subcontract. The Rocky Flats Field Office had found that all responsive
documents were owned by the management and operating contractor,
Kaiser-Hill Company. The DOE rejected the Appellant's argument that all
``taxpayer-funded records'' are subject to release under the FOIA and
that all contracting records of a DOE contractor are DOE property.
Accordingly, the Appeal was denied.
Natural Resources Defense Council, 10/31/97, VFA-0338
The Natural Resources Defense Council filed a Freedom of
Information Act (FOIA) Appeal requesting a new search for responsive
documents. In considering the Appeal, the DOE determined that
additional responsive documents may exist and remanded the matter to
the Albuquerque Operations Office.
Patricia C. McCracken, 10/30/97, VFA-0337
The Department of Energy denied a Freedom of Information Act (FOIA)
Appeal that was filed by Patricia C. McCracken. In her Appeal, Ms.
McCracken challenged both the finding of the Savannah River Operations
Office that a contractor proposal was exempt from disclosure pursuant
to Exemption 3 and the adequacy of the search for responsive documents.
In the Decision, the DOE found that the search for responsive documents
was adequate and that the proposal was properly withheld under
Exemption 3, because release of the proposal under the FOIA is
forbidden by Section 821(b) of the National Defense Authorization Act
of 1997, P.L. 104-201.
Personnel Security Hearing
Personnel Security Hearing, 10/28/97, VSO-0163
An OHA Hearing Officer issued an opinion concerning an individual
whose access authorization was suspended because of derogatory
information that the individual was alcohol dependent and had violated
a drug certification by illegal possession of amphetamines and drug
paraphernalia. At a hearing, the individual maintained that he was
rehabilitated from alcohol dependence. He also contended that he saw
the amphetamines and drug paraphernalia lying in the street and picked
them up to show to his friends as a joke, but did not purchase or
intend to use them. The Hearing Officer found that the individual did
not bring forth sufficient corroboration to support these assertions.
Accordingly, the Hearing Officer recommended that the individual's
access authorization not be restored.
Implementation of Special Refund Procedures
Crude Oil Purchasing, Inc.; Gratex Corp./Compton Corp.; Jaguar
Petroleum, Inc.; Westport Energy Corp. & Westport Petroleum, 10/29/97,
LEF-0058, VEF-0012, LEF-0059, LEF-0113
This Implementation Order sets forth the procedures for
disbursement of $2,451,396 (plus accrued interest) in alleged or
adjudicated crude oil overcharges obtained by the DOE from Crude Oil
Purchasing, Incorporated, Jaguar Petroleum, Incorporated, Westport
Energy Corporation/Westport Petroleum Corporation, and Gratex
Corporation/Compton Corporation. The DOE determined that the funds
obtained from these firms, plus accrued interest, will be distributed
in accordance with the DOE's Modified Statement of Restitutionary
Policy in Crude Oil Cases.
Refund Application
Gulf Oil Corporation/Love Tractor Sales, et al., 10/28/97, RF300-14859,
et al.
The DOE denied applications for refund submitted by five firms
affiliated with the John D. Love Oil Company (LOC). When, for the
purpose of applying the presumptions of injury established in the Gulf
Oil Corp. overcharge refund proceeding, the gallonage of these
applicants is combined with the gallonage of LOC, the principal refund
for all affiliated firms is $5,000. Since LOC already received a refund
of $5,000 for its own gallonage in a previous Decision and Order, the
Applicants were not eligible to receive any additional refund for their
gallonage.
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.
JAMES BROS. PARTNERSHIP, ET AL........................... RK272-04613 10/29/97
JERRY SETTLE, ET AL...................................... RK272-01763 10/29/97
Dismissals
The following submissions were dismissed.
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Name Case No.
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OCTANE PETROLEUM #1.......................... RF300-15400
[[Page 7785]]
OCTANE PETROLEUM #2.......................... RF300-15401
VANTAGE PETROLEUM #1......................... RF300-15402
VANTAGE PETROLEUM #2......................... RF300-15403
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[FR Doc. 98-3850 Filed 2-13-98; 8:45 am]
BILLING CODE 6450-01-P
