[Federal Register Volume 59, Number 25 (Monday, February 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2731]
[[Page Unknown]]
[Federal Register: February 7, 1994]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders; Week of November 1
Through November 5, 1993
During the week of November 1 through November 5, 1993, the
decisions and orders summarized below were issued with respect to
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.
Appeals
Natural Resources Defense Council, 11/1/93 LFA-0150
The Natural Resources Defense Council filed an Appeal from a denial
by the Office of Military Application of a request for information that
it filed under the Freedom of Information Act (FOIA). In considering
the information that was withheld as classified material under
Exemption 3 of the FOIA, after a review by the DOE's Office of
Classification, the DOE determined that a small portion of previously
withheld material could now be released as the result of more precise
deletions. The remaining withheld material continues to be properly
classified, and therefore, may not be released. Accordingly, the Appeal
was granted in part and denied in part.
Valley Times, 11/1/93, LFA-0325
Valley Times filed an Appeal from a partial denial by the Office of
the Inspector General (OIG) of a request for information which the
company had submitted in accordance with the Freedom of Information
Act. In considering the Appeal, the DOE found that the names of certain
former Lawrence Livermore National Laboratory employees who were under
investigation by the OIG for possible conflict of interest violations
were improperly withheld under Exemptions 6 and 7(C) and that the names
should be released to the public. On remand, the OIG must release the
names of the subject of its conflict of interest investigation or
explain why it is inappropriate to do so.
Refund Applications
Gulf Oil Corporation/New York Telephone Co., 11/4/93, RR300-252
The DOE issued a Decision and Order concerning a Motion for
Reconsideration filed in the Gulf Oil Corporation special refund
proceeding by Allin M. Means, President of Resource Refunds, Inc.
(RRI), on behalf of the New York Telephone Co. In its Motion, RRI
requested reconsideration of an April 13, 1993 Decision and Order that
dismissed NY Telephone's refund Application on the ground that it was
filed after the March 1, 1993 deadline for submissions in the Gulf
proceeding. See Gulf Oil Corp./Bresett, 23 DOE 85,031 (1993).
In considering RRI's Motion, the DOE determined that RRI had not
presented any compelling reason that would warrant acceptance of the
late Application. In addition, the DOE determined that RRI's conduct in
connection with the Application did not meet the standards applicable
to participants in agency proceedings. Accordingly, the DOE determined
that RRI should take specified remedial measures designed to prevent
the reoccurrence of the conduct in question. Accordingly, the Motion
for Reconsideration was denied, and RRI was ordered to take the
specified measures.
Texaco Inc./ Yankee Oil Co., Inc.; F.L. Roberts & Co., Inc., 11/4/93,
RF321-17264, RF321-19930
The DOE issued a Decision and Order granting an Application for
Refund filed by the sole shareholders of Yankee Oil Co., Inc. (Yankee),
and modified a refund previously granted to F.L. Roberts & Co., Inc.
(Roberts). In August 1978, Yankee had sold some of its assets,
including its supply contract with Texaco, to Roberts. In considering
the Yankee claim, the DOE found that Roberts had been granted a refund
based upon purchases of Texaco products made by Yankee prior to May
1976. Roberts conceded that it was not eligible for a refund based upon
these purchases but argued that it was eligible for a refund based upon
purchases made after April 1976, when Yankee signed a supply contract
with Texaco. The DOE held that the right to a refund is an asset
separate from the supply contract and was not transferred to Roberts by
the transfer of the supply contract. However, Roberts was eligible for
a refund based upon Texaco products purchased beginning in August 1978.
Therefore the Roberts refund was reduced by the amount of the refund it
had incorrectly received in an earlier Decision. As a result, Roberts
was granted a refund of $11,381 ($8,300 principal plus $3,081
interest). Yankee was granted a refund of $48,206 ($35,156 principal
plus $13,050 interest) based upon purchases made from March 1973 until
August 1978.
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/Don's Arco of Eugene........................... RF304-14734 11/05/93
Atlantic Richfield Company/Geroulo Coal & Oil Co. et al................... RF304-13275 11/04/93
Atlantic Richfield Company/Maryland Avenue Arco et al..................... RF304-13644 11/04/93
Atlantic Richfield Company/Southern Shore Yacht Club et al................ RF304-14050 11/04/93
Beacon Oil Company/E.J. Brown............................................. RR238-2 11/04/93
City of Plainwell et al................................................... RF272-83023 11/05/93
County of Siskiyou........................................................ RF272-87454 11/05/93
Tangipahoa Parish......................................................... RF272-87729 ..............
Enron Corp./Mitchell Butane Gas Sales, Inc................................ RF340-78 11/04/93
Great Plains Gas Division................................................. RF340-94 ..............
Enron Corp./Witt Propane Gas Corp......................................... RF340-108 11/04/93
Schupback-Streitmatter Gas Co. Inc........................................ RF340-148 ..............
Gateway Inn et al......................................................... RF272-81807 11/05/93
Gulf Oil Corporation/City of Dallas....................................... RF300-21756 11/01/93
Gulf Oil Corporation/H.C. Davis Jr........................................ RF300-5920 11/01/93
Riverside Coal & Oil...................................................... RF300-15119 ..............
Collingwood & Seaman Oil Co............................................... RF300-16218 ..............
Gulf Oil Corporation/Pillow's Gulf et al.................................. RF300-19759 11/05/93
Gulf Oil Corporation/Tri-County Oil Company, Inc.......................... RF300-15052 11/01/93
Jackson Trucking Co. et al................................................ RF272-91501 11/02/93
Moroni Feed Company....................................................... RF272-67497 11/05/93
Murphy Oil Corp./Butler Taconite.......................................... RF309-1079 11/05/93
Plainfield Iron & Metal Corp.............................................. RF272-91349 11/02/93
Syracuse University et al................................................. RF272-77723 11/01/93
Texaco Inc./Charlotte Road Texaco......................................... RF321-19165 11/02/93
Frieden Texaco............................................................ RF321-19168 ..............
Soileau's Texaco.......................................................... RF321-19172 ..............
Texaco Inc./Lacey & Lacey Consignee....................................... RF321-19947 11/02/93
Texaco Inc./Ski's Texaco et al............................................ RF321-6909 11/05/93
Texaco Inc./Western Circle Texaco......................................... RF321-19941 11/02/93
Texaco Inc./Woodland Ave. Texaco et al.................................... RF321-10638 11/04/93
Town of Wickenburg, Arizona et al......................................... RF272-88023 11/05/93
Dismissals
The following submissions were dismissed:
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Name Case No.
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Barnhill Contracting Company........................ RF272-15826
C. Ryan & Son, Inc.................................. RF321-4438
C.W. Stephenson Oil Co.............................. RF321-19601
Chama Texaco........................................ RF321-18591
Essington Texaco Service Station.................... RF321-16954
John W. Osenbaugh................................... LFA-0324
Kentucky Transportation, Inc........................ RF300-20158
Linwood Texaco Service Station...................... RF321-16955
Town of Waterboro................................... RF272-82939
Westwego Aviation Corporation....................... RF300-20143
Willmar Regional Treatment Center................... RF272-85443
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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.
February 1, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-2731 Filed 2-4-94; 8:45 am]
BILLING CODE 6450-01-P
