[Federal Register Volume 63, Number 24 (Thursday, February 5, 1998)]
[Notices]
[Page 5947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2841]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals; Week of December 1 through December 5, 1997
During the week of December 1 through December 5, 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: January 27, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.
Department of Energy
Office of Hearings and Appeals
[Decision List No. 62]
Week of December 1 through December 5, 1997
Appeal
Glen M. Jameson, 12/2/97
[VFA-0345]
Glen M. Jameson filed an Appeal from a determination that the
Office of Headquarters Procurement Services (PS) of the Department
of Energy (DOE) issued to him on September 17, 1997. In that
determination, PS identified a responsive document, but concluded
that portions of this document were exempt from mandatory disclosure
pursuant to Exemption 4 of the FOIA. In his Appeal, Mr. Jameson
contended that the disclosure of the requested information is not
likely to impair the Government's ability to obtain similar
information in the future and that its disclosure is not likely to
cause substantial harm to the competitive position of the submitter,
PAI Corporation. The DOE found that release of the requested
information is likely to cause competitive harm to the submitter
under Exemption 4. However, the DOE remanded the matter to PS for
further segregation and release of possibly non-exempt material.
Consequently, the Appeal filed by Mr. Jameson was granted as set
forth in the Decision and Order and denied in all other respects.
Refund Applications
Atlantic Richfield Company/Major Oil, Inc. K.C. Distributing, Inc.,
12/2/97
[RF304-15508; RF304-15509]
The DOE found that firms having common ownership had filed
applications in the ARCO special refund proceeding without revealing
their relationship. The DOE found that the two firms should have
been considered together in calculating the amount of their refunds.
The DOE rescinded the refunds in part and directed the firms to
refund the amount of the excessive refund.
Philippine Airlines, Inc., 12/5/97
[RG272-01075]
The DOE granted an Application for Refund filed on behalf of
Philippine Airlines, Inc., in the crude oil overcharge refund
proceeding conducted under 10 CFR part 205, Subpart V. The DOE found
that Philippine Airlines is the proper party to receive the refund.
The Philippine Government had also claimed the refund by arguing
that it had owned the stock of Philippine Airlines during the refund
period. The DOE found that Philippine Airlines has been in business
continually since the refund period and, as a corporation, is
entitled to the refund regardless of who owns the corporate stock.
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.
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CITY OF SANTA PAULA ET AL..................... RF272-96352 12/5/97
CRUDE OIL SUPPLE REF DIST..................... RB272-00127 12/5/97
CRYSTAL, INC. ET AL........................... RK272-03055 12/2/97
OZINGA BROS. INC. ET AL....................... RK272-4529 12/5/97
RICHARD B. GENTRY ET AL....................... RK272-1966 12/5/97
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Dismissals
The following submissions were dismissed.
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NAME CASE NO.
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PERSONNEL SECURITY HEARING.............................. VSO-0175
T & T LEASING CORP...................................... RK272-04686
WISCONSIN ELECTRIC POWER CO............................. RK272-04713
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[FR Doc. 98-2841 Filed 2-4-98; 8:45 am]
BILLING CODE 6450-01-P
