[Federal Register Volume 59, Number 44 (Monday, March 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5137]
[[Page Unknown]]
[Federal Register: March 7, 1994]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders by the Office of Hearings and
Appeals; Week of November 22 Through November 26, 1993
During the week of November 22 through November 26, 1993, the
decisions and orders summarized below were issued with respect to
appeals and 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.
Complaint of Discrimination
Complainant, 11/23/93, LDA-0001, LDA-0002
The OHA investigated a Complaint of Discrimination filed against
the DOE by an employee who was not selected for the position of
Director of DOE's Office of Human Resources. The Complainant alleged
discrimination on the basis of race, sex and age, and retaliation for
filing a previous Complaint of Discrimination. In its determination,
the OHA pointed out that the agency has the discretion to choose among
qualified candidates so long as the decision is not premised on an
unlawful factor. As a result of the investigation, the OHA found that
the ultimate selectee for the position was chosen because the selecting
official was familiar with her work and believed that she was the
outstanding candidate. The OHA concluded that the selection was not
based upon any improper factor. Accordingly, the OHA denied the claim
for relief.
Refund Applications
State of Maine, 11/23/93, RF272-74169
The DOE issued a Decision and Order granting an Application for
Refund filed by the State of Maine (Maine) in the Subpart V crude oil
refund proceeding. The state applied on behalf of all specified state
agencies. The DOE rejected Objections filed by Phillip P. Kalodner,
council for utilities, transporters, and manufacturers, in regard to
this Application. In this Decision, Maine was granted a refund of
$77,374.
Texaco Inc./Doc's Texaco Service, Texaco Inc./Baden Texaco, 11/22/93
RF321-10696, RF321-10891
The Office of Hearings and Appeals (OHA) of the Department of
Energy issued a Decision and Order concerning Applications for Refund
that were filed in the Texaco refund proceeding by Doc's Texaco (Doc's)
and Baden Texaco (Baden). In that Decision, we stated that Doc's and
Baden purchased their Texaco refined petroleum products on an indirect
basis from suppliers who themselves had filed Applications for Refund
in the Texaco proceeding and who had proved that they absorbed most of
Texaco's overcharges. Therefore, Baden and Doc's were granted refunds
to the extent that their respective suppliers passed through Texaco's
overcharges. Baden was granted a refund of $3,010 and Doc's was granted
a refund of $196.
Texaco Inc./Keith's Texaco, Keith's Texaco, 11/24/93, RF321-18823,
RF321-18824
The DOE issued a Decision and Order denying one Application for
Refund and granting another Application for Refund filed by Keith
Hughes in the Texaco Inc. Subpart V special refund proceeding on behalf
of two Texaco outlets Mr. Hughes operated. Mr. Hughes' Application on
behalf of Keith's Texaco on Marion Street (Case No. RF321-18824) lacked
acceptable purchase volume information; rather, the purchase volume
advanced in the Application was based solely on the applicant's memory
with no supporting documentation. The DOE has previously decided that
an applicant's memory is not an acceptable means of establishing a
purchase volume. Thus, Mr. Hughes' Application for Refund for Keith's
Texaco on Marion did not meet the criteria set forth in the Decision
and Order implementing the Texaco Subpart V special refund proceeding
and was denied accordingly. On the other hand, Mr. Hughes' Application
for Refund for Keith's Texaco on Boston Street met (Case No. RF321-
18823) the criteria set forth in the Texaco Decision and Mr. Hughes was
granted a refund of $1,068 (representing $778 principal and $290
interest).
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/E-Z Serve, Inc RF304-4878 11/24/93
E-Z serve of Calif., Inc................. RF304-4880
Atlantic Richfield Company/Pete's Arco et RF304-14007 11/23/93
al.
Atlantic Richfield Company/Wonder RF304-14405 11/24/93
Chemical Corporation et al.
Blasig's Produce et al................... RF272-91139 11/22/93
City of Texarkana, Arkansas.............. RF272-69192 11/23/93
Gulf Oil Corporation/87 Gulf............. RF300-20071 11/22/93
Saunders Oil Company..................... RF300-20072
Shell Oil Company/Bernie's Shell......... RF315-10185 11/23/93
Superior Printing, Inc. et al............ RF272-81806 11/23/93
Texaco Inc./Joe C. Lovett et al.......... RF321-14227 11/24/93
Texaco Inc./Johnson's Texaco et al....... RF321-1641 11/23/93
Texaco Inc./Lone Tree Texaco et al....... RF321-19000 11/24/93
Texaco Inc./Meltonis Texaco et al........ RF321-14441 11/22/93
Texaco Inc./V & H Service et al.......... RF321-14091 11/23/93
Toombs County, Georgia et al............. RF272-85088 11/24/93
United Parcel Service of America, Inc.... RF272-93086 11/23/93
Womeldorf Trucking, Inc.................. RF272-93134
Dismissals
The following submissions were dismissed:
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Name Case No.
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Big Springs Service Center.......................... RF321-8514
Bradford Community Unit School District 1........... RF272-81476
Chilton ISD......................................... RF272-81416
Culberson County ISD................................ RF272-81233
Duncan Unified School District 2.................... RF272-81397
Earl's Texaco Service............................... RF321-8512
Eastport Union Free School.......................... RF272-81585
Forgione's Service Station.......................... RF321-8498
Gas for Less Texaco................................. RF321-8507
Glen Hill Service Station........................... RF321-8510
Gooden & Son Texaco................................. RF321-8517
Grayslake CC. School District....................... RF272-81614
Ladysmith-Hawkins School District................... RF272-82347
Layton Davis Texaco Station......................... RF321-8471
M.S.A.D. 8.......................................... RF272-81367
Majewski Texaco Service............................. RF321-8497
Merit Oil Co........................................ RF321-8464
Mount Pleasant Community School..................... RF272-81404
New Hartford Community School....................... RF272-81368
Northeast Bradford School District.................. RF272-81323
Paul's Service Station.............................. RF321-8449
Pearson Auto Service................................ RF321-8506
Pequot Filling Station.............................. RF321-8480
R&S Self-Service.................................... RF321-8448
Rodgers Arco........................................ RF304-14452
Roybal's Texaco Service............................. RF321-8455
Rusty's Texaco...................................... RF321-8483
Sabol's Service Station............................. RF321-8468
Tenafly School District............................. RF272-81620
Vallejo City Unified................................ RF272-81517
Vogt's Texaco....................................... RF321-8489
Walnut Creek Elementary............................. RF272-81607
Wheeler County School District...................... RF272-81429
Whitley's Texaco.................................... RF321-8534
------------------------------------------------------------------------
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
a.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 25, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-5137 Filed 3-4-94; 8:45 am]
BILLING CODE 6450-01-P
