[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Notices]
[Pages 8978-8979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4500]
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DEPARTMENT OF ENERGY
Office of Hearing and Appeals
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals; Week of November 3 Through November 7, 1997
During the week of November 3 through November 7, 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 11, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 58; Week of November 3 through November 7, 1997
Appeals
Convergence Research, 11/7/97, [VFA-0340]
Convergence Research (CR) appealed a determination by the
Bonneville Power Administration (BPA) that denied in part a request for
information that it filed under the Freedom of Information Act (FOIA).
The DOE found that a likelihood of significant competitive harm would
result from release of the requested information and that, therefore,
BPA properly withheld the information under Exemption 5. Consequently,
CR's Appeal was denied.
The Oregonian, 11/3/97, [VFA-0336]
The Oregonian appealed a determination by the Bonneville Power
Administration (BPA) that denied in part a request for information the
newspaper filed under the Freedom of Information Act (FOIA). The DOE
found that a likelihood of significant competitive harm would result
from release of the requested information and that, therefore, BPA
properly withheld the information under Exemption 5. Consequently, the
Appeal filed by The Oregonian was denied.
Refund Applications
Eason Oil Co./Koch Hydrocarbon Co., 11/7/97, [RF352-2]
The DOE granted in part an application for refund submitted by Koch
Hydrocarbon Co. (KHC) in the Eason Oil Co. (Eason) special refund
proceeding. The DOE found that KHC purchased a mixed stream of NGLs
from Eason, which it fractionated into propane, butane and natural
gasoline and resold to third parties. KHC's NGL purchases from Eason
were not discretionary in nature, and were dictated by KHC's
requirements for its fractionation and marketing activities. For the
period November 1973 through December 1979, the DOE found that KHC had
demonstrated that the prices it paid to Eason for butane resulted in
some economic injury to KHC. However, the DOE found that KHC's
competitive disadvantage analysis failed to establish that KHC suffered
the type of substantial and consistent competitive disadvantage that
would qualify the firm for 100% of its allocable share of the refund.
Accordingly, the DOE granted KHC a refund based on 79.5 percent of its
allocable share.
Gulf Oil Corp./Ryder Energy Distributing, 11/3/97, [RR300-261]
The DOE denied a motion for reconsideration filed by the Ryder
Energy Distributing in the Gulf refund proceeding. The DOE had
previously granted Ryder a $36,637 refund based on the medium range
presumption of injury applicable to resellers. In considering the
motion, the DOE found that Ryder Energy failed to demonstrate that it
was entitled to the end-user presumption of injury for any of its Gulf
purchases.
Star-Kist Foods, Inc., 11/6/97, [RR272-148]
The DOE granted a Motion for Reconsideration filed by Star-Kist
Foods, Inc. The DOE found that the company had acted in a timely
fashion
[[Page 8979]]
when it corrected the deficiency which had caused the DOE to dismiss
Star-Kist's Application for Refund, and DOE determined that Star-Kist
should receive a refund.
TMBR/Sharp Drilling, Inc. Tom Brown, Inc, Tom Brown, Inc., 11/3/97,
[RF272-98766; RC272-00375; RJ272-00050]
TMBR/Sharp Drilling, Inc. (TMBR) filed an Application for Refund in
the crude oil refund proceeding. Another company, Tom Brown, Inc.
(TBI), from which TMBR had been spun off, had earlier received a refund
for the same purchases for which TMBR was entitled to a refund. The DOE
rescinded the portions of TBI's original and supplemental refunds
pertaining to purchases made by its drilling division, which became
TMBR. Moreover, the DOE accepted TBI's estimates of its drilling
division's purchases instead of TMBR's, because TBI's records were
based on records contemporaneous to the refund period, as opposed to
TMBR's estimates, which were based on current records. Accordingly,
TMBR was granted a refund and TBI's refunds were reduced.
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.
Crude Oil Supple Refund.................................. RB272-00124 11/7/97
Gulf Oil Corporation/Monarch Oil Co., Inc................ RF300-21676 11/3/97
Gulf Oil Corporation/Texas City Refining, Inc............ RF300-14009 11/6/97
Shell Oil Co./Merbert M. Hsu............................. RF315-10287 11/4/97
Dismissals
The following submissions were dismissed.
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Name Case No.
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Nash Finch Co................................ RK272-04629
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[FR Doc. 98-4500 Filed 2-20-98; 8:45 am]
BILLING CODE 6450-01-P
