[Federal Register Volume 62, Number 44 (Thursday, March 6, 1997)]
[Notices]
[Pages 10268-10270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5516]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals; Week of February 3 Through February 7, 1997
During the week of February 3 through February 7, 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 25, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 19
Week of February 3 Through February 7, 1997
Personnel Security Hearings
Personnel Security Hearing, 2/3/97 VSO-0106,
An OHA Hearing Officer issued an Opinion regarding the eligibility
of an individual to maintain access authorization under the provisions
of 10 C.F.R. Part 710. After considering the testimony presented at the
hearing and the record, the Hearing Officer found that the individual
habitually used alcohol to excess and had mental conditions (alcohol
abuse and alcohol dependency) that cause or may cause a significant
defect in judgment or reliability. These findings were based on the
individual's two charges of Driving Under the Influence (DUI), his
pattern of alcohol consumption despite the negative impact it had on
his life and the fact that such consumption violated the terms of his
probation, and the diagnoses of two mental health professionals,
including one selected by the individual himself. The Hearing Officer
found the Individual was not rehabilitated or reformed from his
habitually excessive use of alcohol. The Hearing Officer also found
that there was a security concern resulting from other alcohol
consumption-related behavior that tended to show that the individual
was not honest, reliable or trustworthy. However, the Hearing Officer
found that the security concerns raised by other mental conditions
diagnosed by the DOE psychiatrist were mitigated by the passage of time
and a more current diagnosis in which another mental health
professional expressed his opinion that such mental conditions were not
present. Therefore, the Hearing Officer found that those concerns had
been mitigated. Nevertheless, because of the security concerns based on
his alcohol-related charges, the Hearing Officer recommended that the
individual's access authorization not be restored.
Personnel Security Hearing, 2/3/97, VSO-0113
An OHA Hearing Officer issued an Opinion regarding the eligibility
of an individual to maintain access authorization under the provisions
of 10 C.F.R. Part 710. After considering the testimony presented at the
hearing and the record, the Hearing Officer found that the individual
habitually used alcohol to excess. This finding was based on the
individual's two charges of Driving Under the Influence (DUI), the high
amount of alcohol that the individual consumed and his belief that he
had a drinking problem. Although the individual had attended a three
month counseling program, he continued to drink. The Hearing Officer
found the Individual was not rehabilitated or reformed from his
habitually excessive use of alcohol. The Hearing Officer also found the
Individual, due to his two DUI arrests, two assault charges, two
domestic violence charges, two telephone harassment charges, and his
unreformed drinking habitually to excess to have engaged in unusual
conduct or to have been subject to circumstances which tend to show
that he was not honest, reliable, or trustworthy; or which furnished
reason to believe that he may be subject to pressure, coercion,
exploitation, or duress which may cause him to act contrary to the best
interests of the national security. Accordingly, the Hearing Officer
recommended that the individual's access authorization not be restored.
Personnel Security Hearing, 2/7/97, VSO-0118
A Hearing Officer found that an individual had not successfully
mitigated security concerns arising from his provision of false
information to the DOE and a pattern of criminal and other conduct that
tended to show that the
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individual was not honest, reliable, and trustworthy. Accordingly, the
Hearing Officer recommended in the Opinion that the individual's access
authorization not be restored.
Whistleblower Proceeding
Charles Barry DeLoach, 2/5/97, VWA-0014
Charles Barry DeLoach (DeLoach), a former employee of a Department
of Energy (DOE) contractor, Westinghouse Savannah River Company (WSRC),
filed a request for a hearing under the DOE's Contractor Employee
Protection Program, 10 C.F.R., Part 708. DeLoach claimed that he was
terminated from his job as a result of his raising issues with his
superiors regarding various health and safety issues. WSRC claimed
DeLoach was fired for stealing approximately $50,000 of DOE equipment.
A hearing was held in which DeLoach and witnesses for WSRC testified
before an Office of Hearings and Appeals Hearing Officer. On the basis
of the testimony and other evidence in the record, the Hearing Officer
concluded that DeLoach proved by a preponderance of the evidence that
he had made disclosures protected by Part 708. However, the Hearing
Officer further concluded that WSRC had proved by clear and convincing
evidence that it would have taken this action even in the absence of
DeLoach's disclosures. The Hearing Officer therefore determined that
DeLoach was not entitled to any relief under 10 C.F.R. Part 708.
Implementation of Special Refund Procedures
Houma Oil Co., Jedco, Inc., 2/7/97, VEF-0023, VEF-0024
The DOE issued a Decision and Order establishing procedures for the
distribution of funds obtained from Houma Oil Company and Jedco, Inc.
These funds were remitted by each firm to the DOE to settle pricing
violations with respect to sales of motor gasoline. The Decision sets
forth procedures for customers who claim they were injured by motor
gasoline purchases from Houma Oil during the period May 1, 1979 through
April 30, 1980 or from Jedco, Inc. between November 1, 1973 and March
31, 1974. Any funds remaining after meritorious claims are paid will be
used for indirect restitution through the states in accordance with the
Petroleum Overcharge Distribution and Restitution Act of 1986.
Refund Applications
Anchor Gasoline Corporation/Mid Continent Systems, Inc., Seago
Enterprises, Inc., Atlantic Richfield Company/Seago Enterprises, Inc.,
2/4/97, RF346-18, RF346-48, RF304-15507
Both Seago Enterprises, Inc., and Mid Continent Systems, Inc.,
filed competing Applications for Refund in the Anchor special refund
proceeding for the same purchases. The Anchor purchases had been made
by Seago. However, the DOE found that Seago had merged into Mid
Continent, and consequently, the right to the Anchor refund belonged to
Mid Continent, not to the former owner of Seago. Accordingly, the
application filed by Mid Continent was granted and that filed by Seago
was denied. For these same reasons, the DOE rescinded a refund
previously granted to Seago in the ARCO special refund proceeding.
Pan Ocean Shipping Co., Ltd., 2/4/97, RG272-381
The Department of Energy (DOE) issued a Decision and Order (D&O)
granting an Application for Refund that was filed by Pan Ocean Shipping
Co., Ltd. (Pan Ocean) in the crude oil refund proceeding. In the
Decision, the OHA approved Pan Ocean's estimation methodology, which
was based on their ships'' average daily fuel consumption, the number
of days that their voyages lasted, and the petroleum product purchasing
patterns of their vessels. Pan Ocean was granted a refund of $184,469.
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.
AJO TRADING CORPORATION.................................... RJ272-35 2/4/97
BLUFF CREST, INC........................................... RJ272-36 ...........
ALTAIR AIRLINES, INC....................................... RG272-620 2/7/97
NORTHERN COOPERATIVE, INC. ET AL........................... RG272-640 2/7/97
RUDYARD COOPERATIVE COMPANY................................ RG272-658 2/4/97
Dismissals
The following submissions were dismissed.
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Name Case No.
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ENERGY MARKET & POLICY ANALYSIS, INC......... VFA-0259
ENSERCH CORPORATION.......................... RG272-00495
FARMERS UNION COOPERATIVE CO................. RG272-00584
KUMM FARM INC................................ RF272-89420
L. KRUPP CONSTRUCTION CO., INC............... RG272-00855
LANKIN FARMERS GRAIN CO...................... RG272-00770
LYNNEDALE PLANTING CO., INC.................. RF272-89268
MIK COOP TRUCKING ASSN....................... RG272-00896
NERSTRAND FARMERS MERC. & ELEV. CO........... RG272-00664
NEW YORK TELEPHONE COMPANY................... RF272-89009
THE CALIFORNIA STATE UNIVERSITY.............. RF272-87979
WEST SHORE CONSTRUCTION...................... RG272-00789
XEROX CORPORATION............................ RF272-93346
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[FR Doc. 97-5516 Filed 3-5-97; 8:45 am]
BILLING CODE 6450-01-P
