[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: 94-2734]
[[Page Unknown]]
[Federal Register: February 7, 1994]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
December 27 Through December 31, 1993
During the week of December 27 through December 31, 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
Armor Elevator Company, Inc., 12/28/93, LFA-0340
Armor Elevator Company, Inc., filed an Appeal from a denial by the
Batavia Area Office of a Request for Information which the firm had
submitted under the Freedom of Information Act (FOIA). In considering
the Appeal, the DOE found that the requested documents were not agency
records because Batavia neither created nor obtained the material.
Important issues that were considered in the Decision and Order were
(i) whether the contractor responsible for maintaining and operating a
government location is considered an agency for purposes of the FOIA
and (ii) the test for classification as an agency record.
Cynthia Ann Virostek, 12/29/93, LFA-0342
Cynthia Ann Virostek filed an Appeal from a determination issued by
the Office of the Executive Secretariat (OES) of the DOE, in response
to a request for information submitted under the Freedom of Information
Act (FOIA). In its determination, the OES released a letter requested
by Virostek but stated that the enclosures to the letter could not be
located. In her Appeal, Virostek challenged the adequacy of this
determination. The letter requested by Virostek was authored by Robert
Seamans, the Administrator of the Energy Research and Development
Administration (ERDA) and was addressed to the Chairman of Nuclear
Regulatory Commission (NRC), who had submitted a draft report to ERDA
and requested its views. The enclosures to the letter were not stand-
alone documents but were created as part of ERDA's response to the NRC,
solely for the purpose of supplementing with greater detail the view
set forth in the body of the letter. In considering the Appeal, the DOE
found that because of the nature of the enclosures, the search
performed by the OES through the archives of files of the ERDA
Administrator was reasonably calculated to uncover the material sought
by the appellant. Accordingly, Virostek's Appeal was denied.
Government Accountability Project, 12/27/93, LFA-0341
The Government Accountability Project (GAP) filed an Appeal from a
denial of a waiver of fees by the Director of the Office of
Communications of the Richland Field Office (Richland) of the DOE. In
considering the Appeal, the DOE found that while whistleblower
litigation did not constitute a ``commercial interest'' under the fee
waiver statute, neither did it automatically satisfy the public
interest requirement of the statute. The Appeal was remanded to
Richland to determine whether any of the information to be disclosed
met the public interest requirement of the fee waiver statute.
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.
Beacon Oil Company/Atkerson Beacon Service et al.............................. RF238-89 12/29/93
Childress County.............................................................. RF272-87754 12/29/93
Farmers Union Oil Company..................................................... RF272-88267 12/29/93
Co-op Supply, Inc............................................................. RF272-88797 12/29/93
Gulf Oil Corporation/Colonial Stores, Inc..................................... RF300-18168 12/29/93
Gulf Oil Corporation/VT Petroleum, Inc........................................ RF300-19595 12/29/93
Dismissals
The following submissions were dismissed:
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Name Case No.
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Branford School District.......................... RF272-80742
Calhoun County School District.................... RF272-88482
City of Grand Saline.............................. RF272-83288
City of Stanton................................... RF272-88458
City of Streetsboro............................... RF272-88459
City of Struthers................................. RF272-88460
City of Sullivan.................................. RF272-88463
City of Superior.................................. RF272-88465
City of Sylacauga................................. RF272-88466
City of Vermilion................................. RF272-83049
East End Service Station.......................... RF300-21239
Florence School District.......................... RF272-80759
James Stuffo, Inc................................. RF272-77091
K.J. Transportation............................... RF272-80180
Soquel Elementary School.......................... RF272-82449
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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 1, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-2734 Filed 2-4-94; 8:45 am]
BILLING CODE 6450-01-P
