[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Notices]
[Pages 6563-6564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3170]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
September 29 Through October 3, 1997
During the week of September 29 through October 3, 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: February 2, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 53; Week of September 29 Through October 3, 1997
Appeals
Richard R. McNulty, 10/1/97, VFA-0331
The DOE's Office of Hearings and Appeals (OHA) issued a decision
granting in part a Freedom of Information Act (FOIA) Appeal filed by
Richard R. McNulty. McNulty sought the release of information withheld
by the Richland Operations Office (Richland). In its decision, OHA
found that Richland's withholding was not sufficiently explained and
justified in its determination letter. OHA also ordered Richland to
obtain a document which a Richland employee claimed he had taken home
and ``lost.'' Accordingly, the Appeal was remanded to Richland for
completion of an expanded search for the lost document, and the
issuance of a new determination letter.
Wilburn T. Dunlap, 9/29/97, VFA-0330
Wilburn T. Dunlap filed an Appeal from a partial denial by the
Department of Energy's Albuquerque Operations Office (DOE/AL) of a
request for information that he submitted under the
[[Page 6564]]
Freedom of Information Act. The Los Alamos National Laboratory was able
to find some of the information requested. In considering the Appeal,
the DOE found that DOE/AL had conducted an adequate search for
responsive documents, and it accordingly denied the Appeal.
Personnel Security Hearing
Personnel Security Hearing, 9/30/97, VSO-0153
A Hearing Officer Opinion recommended that an individual be granted
access authorization. The Opinion found that the individual had
resolved his financial problems and was behaving responsibly. The
Opinion also found that the individual's omission of certain
information on a security questionnaire did not involve an intent to
deceive and that he could be entrusted with security matters.
Supplemental Order
Crysen Corporation, 9/29/97, VFX-0013
The Office of Hearings and Appeals found that the money contained
in the subaccount funded by Crysen Corporation was subject to the
provisions of the Stripper Well Settlement Agreement. Accordingly the
OHA ordered the DOE's Office of the Controller to make available the
Crysen funds for distribution in the following manner: 40 percent to
the Federal government, 40 percent to the State governments, and 20
percent to crude oil claimants.
Refund Application
State Escrow Distribution, 10/3/97, RF302-20
The Office of Hearings and Appeals ordered the DOE's Office of the
Controller to distribute $23,500,000 to the State Governments. The use
of the funds by the States is governed by the Stripper Well Settlement
Agreement.
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.
Crude Oil Supple Ref Dist................................ RB272-00118 9/29/97
Estate of Walter Satrom et al............................ RK272-1958 10/3/97
Harris Teeter Super Markets Inc.......................... RC272-00372 10/1/97
Iowa State Achievement Fund et al........................ RK272-02293 10/1/97
Merlyn Schocker et al.................................... RK272-4551 10/3/97
Nationwide Utilities/Inactive Corp, In................... RF272-98663 10/2/97
Pillsbury Company........................................ RR272-303 10/1/97
Puerto Rico Elec Power Auth.............................. RF272-67318 10/3/97
Steuben County Farm Bureau............................... RR272-265 10/3/97
Dismissals
The following submissions were dismissed.
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Name Case No.
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Canonie Construction......................... RF272-76844
Chamberlain Oil Co., Inc..................... VEE-0046
Continental Bondware......................... RF272-76961
Daisey Brothers, Inc......................... RF272-76848
Earl Smith, Inc.............................. RF272-76952
Elbar, Inc................................... RF272-76451
Gina Karen Fishing, Inc...................... RF272-76713
M/V Jo Linda................................. RF272-76714
Montauk Caribbean Airways, Inc............... RF272-76999
North Kitsap Gravel & Asphalt Co............. RF272-76397
Pearman & Sons, Inc.......................... RF272-76774
S & R Sanitation, Inc........................ RF272-76801
Sutherland Construction, Inc................. RF272-76765
West Foods, Inc./Ventura Div................. RF272-76793
Wilcox Drillers, Inc......................... RF272-98790
Williard Oil Company, Inc.................... VEE-0047
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[FR Doc. 98-3170 Filed 2-6-98; 8:45 am]
BILLING CODE 6450-01-P
