[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Notices]
[Pages 7250-7252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4404]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of May
15 Through May 19, 1995
During the week of May 15 through May 19, 1995, the decisions and
orders summarized below were issued with respect to appeals and
applications for other relief 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.
Appeal
International Federation of Professional and Technical Engineers, 5/18/
95, VFA-0034
IFPTE filed an Appeal from a denial by the Idaho Operations Office
of a Request for Information which it had submitted under the Freedom
of Information Act. The Idaho Operations Office has refused to release
the short list of best qualified candidates for the position of Deputy
Assistant Manager for Program Execution. In considering the Appeal, the
DOE found that the list was properly withheld under Exemptions 5 and 6.
U.A. Plumbers and Pipefitters, Local 36, 5/19/95, VFA-0035
U.A. Plumbers and Pipefitters, Local 36 (the Union) filed an appeal
from a denial by the Department of Energy's (DOE) Idaho Operations
Office (the Operations Office) of a Request for Information which the
Union had submitted under the Freedom of Information Act (the FOIA). In
considering the Appeal, the DOE found the Operations Office's finding
that DOE owned documents that were not in the DOE's possession are not
subject to the FOIA to be erroneous. The DOE's finding was based upon
the Operations Office's failure to apply DOE FOIA Regulation 10 CFR
1004.3(e)(1). The DOE also found that some of the documents requested
by the Union were not subject to the FOIA because those documents were
neither in DOE's possession nor owned by the DOE. Accordingly, the
Appeal was remanded to the Operations Office.
Personnel Security Hearing
Albuquerque Operations Office, 5/19/95, VSO-0016
Under the provisions set forth in 10 CFR Part 710, the Department
of Energy, Albuquerque Operations Office (DOE/AL) suspended the access
authorization (``Q'' level security clearance) of an individual based
upon disqualifying criteria set forth in 10 CFR 710.8(j), viz., that
the individual ``has been, or is a user of alcohol habitually to
excess, or has been diagnosed by a board-certified psychiatrist as
alcohol dependent or as suffering from alcohol abuse.'' Following a
hearing convened at the request of the individual, the Hearing Officer
found that (i) the individual was properly diagnosed by a DOE
consultant-psychiatrist as alcohol dependent, based upon substantial
derogatory information contained in the record which was uncontroverted
by the individual, and (ii) the individual has failed to present
adequate evidence of rehabilitation, reformation or other mitigating
factors. Accordingly, the Hearing Officer concluded that the
[[Page 7251]]
individual's access authorization should be restored.
Implementation of Special Refund Procedures
Bell Fuels, Et Al, 5/19/95, LEF-0061, ET AL.
The DOE issued a Decision and Order announcing procedures to
distribute $866,352.24, plus accrued interest, remitted to the DOE
pursuant to Consent Orders issued to 18 resellers and retailers of
refined petroleum products. In the absence of sufficient information to
implement standard procedures for direct restitution to injured
customers of the consenting firms, the DOE will accept refund claims
from any injured customers who come forward and will devise refund
procedures based on the information these applicants provide. If no
such customers come forward, the funds obtained from these firms, plus
accrued interest, will be made available to state governments for
indirect restitution in accordance with the provisions of the Petroleum
Overcharge Distribution and Restitution Act of 1986. The deadline for
filing Applications for Refund is September 29, 1995.
Gulf Oil Corporation, 5/19/1995, KFX-0037
The Department of Energy issued a Decision and Order covering the
disbursal of $104,050,661 in crude oil overcharge monies made available
pursuant to a settlement agreement with Gulf Oil Corporation. The DOE
divided the funds pursuant to the Modified Statement of Restitutionary
Policy. Accordingly, the DOE disbursed 20 percent of the funds plus
interest ($37,309,761) for direct restitution to end users of refined
petroleum products. The DOE further determined that the States had
already received a partial payment from the Gulf crude oil funds and
were entitled to an additional principal amount of $4,827,700, interest
of $3,827,715, plus a reimbursement of $51,114, for a payment made by
the Federal government to Sage Creek Refining Company. The total
disbursement to the States was, therefore, $8,706,529. The amount
disbursed to the Federal Government was equal to the States' share,
less the Sage Creek adjustment, or $8,604,301.
MAPCO International, Inc., 5/19/95, VEF-0004
The DOE issued a Decision and Order announcing procedures for
disbursement of $7,280,202, plus accrued interest, in crude oil
overcharges obtained by the DOE pursuant to a June 23, 1994 Settlement
Agreement with MAPCO, Inc. and MAPCO International, Inc. The OHA has
determined that the funds obtained from MAPCO, plus accrued interest,
will be distributed in accordance with the DOE's Modified Statement of
Restitutionary Policy in Crude Oil Cases.
Refund Applications
Sears Logistics Services, Inc., 5/19/95, RF272-92021
The DOE issued a Decision and Order concerning an Application for
Refund in the Subpart V crude oil overcharge refund proceeding filed by
Sears Logistics Services, Inc. The DOE determined that Sears Logistics
Services, Inc., was not entitled to a refund since its parent, Sears
Roebuck and Co., had filed a Retailers Escrow Settlement Claim Form and
Waiver, in which it requested a Stripper Well refund from the Retailers
escrow, thereby waiving its right and the right of its subsidiaries, to
a Subpart V crude oil refund. Accordingly, the Application for Refund
was denied.
Texaco Inc./Elm Garage, Inc., 5/16/95, RF321-20935, RF321-21053, RF321-
21066, RF321-21067
The DOE issued a Decision and Order in the Texaco Inc. special
refund proceeding concerning four applicants who had applied on behalf
of a service station, Elm Garage, Inc. (Elm Garage) was operated during
the price control period as a 50/50 partnership by two bothers, Adam,
who passed away in 1988, and Joseph Polek. Applications were received
from Joseph Polek; Martha Polek, Adam's widow; Richard Polek, Adam's
son; and the Adam R. Polek Trust (The Trust). In its Decision, the DOE
construed Adam's 1969 will in which he devised his stock in Elm Garage
to Richard, devised ``tangible personal property'' to Martha, and named
the Trust, with Martha as beneficiary, as the residuary devisee. After
execution of that will, Adam suffered an incapacitating stroke, and Elm
Garage was dissolved. The DOE determined that because the corporation
was dissolved after Adam had become incompetent, the devise of the Elm
Garage stock had not been adeemed, i.e., revoked, and thus found
Richard still entitled to Adam's portion of the refund. The DOE next
determined the volumes purchased by Elm Garage based on check register
receipts and motor gasoline prices from Platt's Oil Price Handbook and
Oilmanac. Further, the DOE reduced, on a year-by-year basis, the per
gallon volumetric refund amount of Elm Garage by the percentage of non-
Texaco motor gasoline that its supplier purchased during the consent
order period. Thus, the DOE granted Joseph Polek's and Richard Polek's
applications, denied the Trust's application, and dismissed Martha's
application.
Town of Bristol, 5/19/95, RR272-190
The DOE issued a Decision and Order granting a Motion for
Reconsideration filed by the Town of Bristol (Bristol) in the Subpart V
crude oil refund proceeding. Bristol's original Application for Refund
was dismissed on February 8, 1995, on the grounds that the town had
failed to respond to DOE's requests for additional information. In its
Motion for Reconsideration, Bristol stated that it had sent the DOE a
letter the previous August in response to its requests. Accordingly,
Bristol's Motion for Reconsideration was granted.
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 Supplemental Refund Distribution............... RB272-2 05/15/95
Gulf Oil Corporation/Bourque's Gulf Service et al........ RF300-14615 05/19/95
Gulf Oil Corporation/Buccellato and Chase et al, Bartco RF300-13333 05/15/95
Petroleum Corp. RF300-17593
McKelvey Trucking Co..................................... RC272-291 05/15/95
Parker K. Bailey & Sons, Inc............................. RC272-290 05/19/95
Texaco Inc./Davis Texaco et al........................... RF321-10307 05/16/95
Texaco Inc./Myers Texaco................................. RF321-20374 05/16/95
Texaco Inc./Rick's Texaco................................ RF321-20494 05/16/95
[[Page 7252]]
Dismissals
The following submissions were dismissed:
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Name Case No.
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Blende Texaco................................ RF321-20302
Buckley & Company............................ RF321-20321
City of Vineland Electric.................... RF321-20236
Continental Baking Co........................ RF321-19854
Conway Dyno Alignment Service................ RF321-20306
Courville's Garage........................... RF321-20773
Express Texaco............................... RF321-20219
Fruehauf Trailer Corp........................ RF321-20350
Kanab Texaco................................. RF321-6331
Murray's Texaco Service Station.............. RF321-19287
Partanna's Texaco............................ RF321-20239
Queen's Texaco on Providence................. RF321-20387
Taylor's Texaco Service...................... RF321-20261
Walter Luther Texaco......................... RF321-11342
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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, 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.
Dated: February 14, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 96-4404 Filed 2-26-96; 8:45 am]
BILLING CODE 6450-01-P
