[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Notices]
[Pages 10845-10847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4878]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Issuance of Decisions and Orders During the Week of December 26
Through December 30, 1994
During the week of December 26 through December 30, 1994 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
Farm, Fuel & Feed, 12/30/94, LEE-0164
Farm, Fuel & Feed 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 this request, the DOE found that the firm was
not suffering gross inequity or serious hardship. Accordingly, on
November 14, 1994, the DOE issued a Proposed Decision and Order
tentatively determining that the exception request should be denied. No
Notice of Objection to the Proposed Decision and Order was filed at the
Office of Hearings and Appeals of the DOE within the prescribed time
period. Therefore, the DOE issued the Proposed Decision and Order in
final form, denying Farm, Fuel & Feed's Application for Exception.
Farmers Union Coop Oil Co., 12/27/94, LEE-0162
Farmers Union Coop Oil Co. (Farmers) 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 this request, the DOE
found that the firm [[Page 10846]] was not suffering gross inequity or
serious hardship. Accordingly, the DOE denied Farmers' exception
request.
Galaxie Oil Ltd., 12/30/94, LEE-0110
Galaxie Oil Ltd. 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 this request, the DOE found that the firm was
not suffering gross inequity or serious hardship. On August 1, 1994,
the DOE issued a Proposed Decision and Order determining that the
exception request should be denied. No Notice of Objection to the
Proposed Decision and Order was filed at the Office of Hearings and
Appeals of the DOE within the prescribed time period. Therefore, the
DOE issued the Proposed Decision and Order in final form, denying
Galaxie's Application for Exception.
Hood River Supply Association, 12/30/94, LEE-0134
Hood River Supply Association (Hood River) of Hood River, Oregon,
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 this request, the DOE found that the firm was not suffering
gross inequity or serious hardship. On November 14, 1994, the DOE
issued a Proposed Decision and Order determining that the exception
request should be denied. No Notice of Objection to the Proposed
Decision and Order was filed at the Office of Hearing and Appeals of
the DOE within the prescribed time period. Therefore, on the DOE issued
the Proposed Decision and Order in final form, denying Hood River's
Application for Exception.
Quint Cities Petroleum Co., 12/30/94, LEE-0154
Quint Cities Petroleum Company filed an Application for Exception
from the Energy Information Administration requirement that it file
Form EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum Product
Sales Report.'' In considering Quint Cities' request, the DOE found
that the firm was not experiencing a serious hardship or gross
inequity. According, exception relief was denied.
Refund Applications
Gulf Oil Corporation/Wayne F. Johnson, Inc., 12/30/94, RF300-606
The DOE issued a Decision and Order concerning an Application for
Refund filed by Wayne F. Johnson, Inc. in the Gulf Oil Corporation
refund proceeding. The DOE found that the firm had failed to submit
sufficient information to support a full volumetric refund beyond the
presumptive injury level. The DOE also found that the firm's volume
information was scant. Nevertheless, the DOE determined that in view of
the length of time the case had been pending and the good faith efforts
by the claimant to submit corroborative evidence, the claimant should
receive a refund based on the evidence currently in the file. The DOE
found that there was sufficient information available to grant the firm
a refund at the small claims presumptive level. Accordingly, the firm
was granted a refund of $5,000, plus $4,609 in interest.
Texaco Inc./Bituminous Materials, Inc., 12/27/94, RR321-173
The DOE issued a Decision and Order denying a Motion for
Reconsideration filed by William L. Walton in the Texaco Inc. Subpart V
special refund proceeding on behalf of Bituminous Materials, Inc.
(Bituminous). The DOE had previously rescinded a refund granted to
Bituminous because a different firm was eligible to receive the refund
based on Bituminous' Texaco purchases. The Motion for Reconsideration
requested that the DOE vacate its determination to assess interest on
the rescinded refund amount. The DOE determined that in the absence of
a compelling reason not to assess interest, it should adhere to its
usual practice in the Texaco refund proceeding of restoring the Texaco
escrow account to its correct level. Accordingly, the Motion was
denied.
Texaco Inc./Hank Texaco & Towing, Lee Paradise Texaco, Lee's Texaco,
12/27/94, RF321-20237, RF321-21046, RF321-21056
The Department of Energy (DOE) issued a Decision and Order granting
a refund to Hank Metevier and rescinding a refund that had been granted
to Lee Paradise and Mary J. Paradise in the Texaco special refund
proceeding. In that Decision, the DOE found that Mr. Metevier was the
Texaco retailer at one of the locations for which Mr. & Mrs. Paradise
received a refund. Accordingly, Lee Paradise and the Estate of Mary
Paradise were each directed to remit $221 to the DOE.
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.
Atlantic Richfield Company/Wehah Farms, Inc. et al........................ RF304-14640 12/28/94
Gulf Oil Corporation/City of North Olmsted................................ RF300-20425 12/30/94
Gulf Oil Corporation/Lazy 8, Inc.......................................... RF300-21816 12/30/94
J. Laurance Nicholson & Son, Inc. et al................................... RF272-91001 12/28/94
Northrop Corporation...................................................... RF272-92554 12/30/94
Suburban Transfer Service, Inc............................................ RF272-93035 12/30/94
Texaco Inc./Major Oils.................................................... RR321-321 12/30/94
Dismissals
The following submissions were dismissed:
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Name Case No.
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B&B Texaco........................................ RF321-9046
Braswell Sand & Gravel Co., Inc................... RF300-16531
Ethyl Petroleum Additives, Inc.................... RF272-93279
Ganado Unified School District #20................ RF272-90142
Olin Corporation.................................. RF272-93307
Prospect Heights School #23....................... RF272-82565
State of Louisiana................................ RF272-98927
Super Service Oil Co.............................. RF321-7456
[[Page 10847]]
Syd Smith......................................... RF321-14088
Vitamilk Dairy.................................... RF272-90917
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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, S.W.,
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 21, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-4878 Filed 2-27-95; 8:45 am]
BILLING CODE 6450-01-P
