[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Notices]
[Pages 7249-7250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4405]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of May
8 Through May 12, 1995
During the week of May 8 through May 12, 1995, the decisions and
orders summarized below were issued with respect to applications for
exception or 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.
Requests for Exception
Lovelace Gas Service, Inc., 5/11/95 LEE-0131
Lovelace Gas Service, Inc. (Lovelace) filed an Application for
Exception from the Energy Information Administration (EIA) requirement
that it file Form EIA-782B, the ``Resellers'/Retailers' Monthly
Petroleum Product Sales Report.'' In considering Lovelace's request,
the DOE found that the firm was not suffering a gross inequity or
serious hardship. On October 4, 1994, the DOE issued a Proposed
Decision and Order determining that the exception request should be
denied. A Statement of Objections to the Proposed Decision and Order
was filed by William Lovelace, President of the company. After
analyzing the arguments in the Statement of Objections, the DOE
determined that Mr. Lovelace had not offered any additional evidence
that the firm was experiencing a serious hardship or gross inequity.
Therefore, the DOE issued a final Decision and Order denying Lovelace's
Application for Exception.
Personal Security Hearing
Albuquerque Operations Office, 5/12/95 VSO-0020
An OHA Hearing Officer issued an opinion concerning the access
authorization of an individual whose security clearance was suspended
because he used illegal drugs. The individual, who represented himself,
indicated at the hearing that he had been advised not to say anything
at the hearing, and therefore did not present any witnesses, cross-
examine the DOE's witnesses or offer any evidence on his own behalf.
The Hearing Officer found that under the applicable regulations the
purpose of a hearing is to allow the individual to provide support for
his access eligibility. If he does not wish to offer such support, the
regulations indicate that the Manager of the relevant Operations Office
is to make a determination as to the access authorization issue.
Accordingly, the Hearing Officer determined that the case file should
be closed and the matter resolved by the Manager on the basis of the
existing record.
Oak Ridge Operations Office, 5/8/95, VSO-0014
An Office of Hearings and Appeals Officer issued an opinion
concerning the continued eligibility of an individual for access
authorization under 10 CFR Part 710, entitled, ``Criteria and
Procedures for Determining Eligibility for Access Authorization 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 individual: (i) Had been diagnosed by a board-
certified psychiatrist as having a mental disorder which could cause a
significant defect in the individual's judgment or reliability; (ii)
was a user of alcohol habitually to excess and had been diagnosed by a
board-certified psychiatrist as ``alcohol dependent''; and (iii) had
engaged in criminal behavior which cast aspersion on the individual's
reliability. In rejecting the individual's claim that he had been
rehabilitated from his alcohol problem, the Hearing Officer found that
the individual had not abstained from using alcohol for a sufficient
period of time. With respect to the individual's mental disorder, the
Hearings Officer found that there was no evidence in the record that
the individual's condition was in remission or controlled by medication
to the extent that recurrence of the condition was small. As for the
individual's criminal conduct, the Hearing Officer found that the
individual's alcohol problem and mental disorder were inextricably
interwined with the incident which resulted in criminal charges being
brought against the individual. Next, the Hearing Officer found that
the circumstances surrounding the individual's criminal behavior raised
questions about his reliability in a security context. Finally, the
Hearing Officer concluded that there were no mitigating factors present
in the case which could overcome the security concerns raised by the
Department of Energy's Oak Ridge Operations Office. Accordingly, the
Hearing Officer found that the individual's access authorization should
not be restored.
Refund Applications
Morgan Products, Inc., 5/10/95, RF272-92251
The DOE issued a Decision and Order concerning the Application for
Refund of a claimant in the Subpart V crude oil overcharge refund
proceeding. The DOE determined that the applicant resold the refined
petroleum products that formed the basis of its application and thus
passed on the costs of any crude oil overcharges to its customers.
Therefore, the DOE concluded that the claimant was not injured by any
of the overcharges associated with the gallons that it purchased.
Accordingly, the DOE denied the Application for Refund.
Refund Applications
The Office of Hearings and Appeals issued the following Decisions
and Orders concerning refund applications,
[[Page 7250]]
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.
Canadian Pacific Limited.................................. RF272-90435 05/12/95
Southeastern Trailways, Inc............................... RF272-92940 ..............
Corey Brothers, Inc....................................... RC272-288 05/11/95
Dunham's Bay Boat Company................................. RF272-97318 05/11/95
Gulf Oil Corporation/Smith-Cale Co., Inc.................. RF300-16050 05/11/95
Morning Treat Coffee Company.............................. RC272-289 05/11/95
Richard Vardeman, Inc..................................... RC272-287 05/11/95
Ring Around Products, Inc................................. RF272-94081 05/10/95
Texaco Inc./Indresco, Inc................................. RF321-20560 05/11/95
The Bovaird Supply Co..................................... RF272-92824 05/10/95
Stebbins-Anderson Co., Inc................................ RF272-98116 ..............
Dismissals
The following submissions were dismissed:
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Name Case No.
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Anderson's Texaco Service.................... RF321-20680
Austin Texaco #2............................. RF321-12048
B&J Service.................................. RF321-17755
Big Pine Trucking Co., Inc................... RF272-97341
Greg T. Causey............................... RF321-15055
Idaho Operations............................. VSO-0026
Ken's Arco................................... RF304-15382
Mr. Mac's Texaco............................. RF321-11079
Oak Ridge Operations......................... VSO-0024
Tex Mart Texaco.............................. RF321-19685
Thomas R. Caldwell........................... RF321-12952
Tony's Texaco................................ RF321-20656
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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, DC 20585, Monday through Friday, between the hours of 1
p.m. and 5 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. 96-4405 Filed 2-26-96; 8:45 am]
BILLING CODE 6450-01-P
