[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: 94-5141]
[[Page Unknown]]
[Federal Register: March 7, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Issuance of Decisions and Orders by the Office of Hearings and
Appeals; Week of February 7 Through February 11, 1994
During the week of February 7 through February 11, 1994, the
decisions and orders summarized below were issued with respect to
appeals and applications for exception or 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.
Appeal
Rockwell International Corporation, 2/9/94, LFA-0348
Rockwell International Corporation (Rockwell) filed an Appeal from
a determination issued to it by the Office of Budget and Administration
of the Office of Environment, Safety and Health (EH) of the Department
of Energy (DOE) in response to a Request for Information submitted
under the Freedom of Information Act (FOIA). In considering the Appeal,
the DOE found that the individual searches performed by the various
branches of EH were adequate as to the documents actually searched for.
The DOE did determine, however, that other portions of the agency could
have responsive documents and that some portions of EH may not have
searched for all possible responsive documents. The DOE also found that
because of the multitude of individual determination letters, the DOE
had not issued a sufficient determination on all portions of Rockwell's
request and that there had not been a final agency response.
Accordingly, the Appeal was denied in part, granted in part, and
remanded to the Freedom of Information and Privacy Branch of the
Reference and Information Management Division of the DOE Office of
Administrative Services (FOI Branch) to determine which other branches
of the DOE, if any, may have responsive documents, and to have those
branches initiate a search for any such documents. In addition, the FOI
Branch was instructed, on remand, to issue a new determination
specifying which portions of the request had been responded to, were
being responded to for the first time, and which could not be responded
to because the documents were unavailable. Finally, for particular DOE
documents which Rockwell specifically alleges are in the custody of the
Government Accounting Office (GAO) but are not found in any new
searches, on remand the FOI Branch should obtain copies from the GAO
and review the documents for release under the FOIA.
Requests for Exception
Radio oil Company, 2/8/94, LEE-0062
Radio Oil Company (Radio) filed an Application for Exception from
the Energy Information Administration (EIA) requirement that it file
Form EIA-782B, the ``Reseller/Retailer's Monthly Petroleum Product
Sales Report.'' In considering Radio's request, the DOE found that the
firm was not suffering gross inequity or serious hardship. The DOE
issued a Proposed Decision and Order determining that the exception
request should be denied. No Notice of Objection to the Proposed
Decision and Order was filed with the Office of Hearings and Appeals of
the DOE within the prescribed time period. Therefore, the DOE issued
the Proposed Decision and Order in final form, denying Radio's
Application for Exception.
Rand Oil Co., 2/10/94, LEE-0053
Rand Oil Co. (Rand) filed an Application for Exception from the
Energy Information Administration (EIA) requirement that it file Form
EIA-782B, the ``Reseller/Retailer's Monthly Petroleum Product Sales
Report.'' In considering the request, the DOE found that the firm was
suffering a gross inequity because of the medical condition of the
owner. Accordingly, on November 18, 1993, the DOE issued a Proposed
Decision and Order determining that the exception request should be
granted in part and that Rand should be exempt from filing Form EIA-
782B for two years. Since a Notice of Objection was not filed, this
Decision and Order was issued in final form.
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.
Chambers County et al...................... RF272-85134 02/10/94
Enron Corp./Mangum Oil & Gas Corp.......... RF340-91 02/08/94
Kern Oil & Refining Co..................... RF340-101
Fayette County School District et al....... RF272-80685 02/08/94
Fife School Dist., Washington et al ....... RF272-88183 02/10/94
Gulf Oil Corporation/Robert L. Yancey...... RF300-21772 02/08/94
Jackson Public Sch. Dist. et al ........... RF272-81877 02/10/94
Pennwalt Corp. D/B/A/ Elf Atochem, North
America, Inc.............................. RF272-13486 02/07/94
Pennwalt Corp. D/B/A/ Elfatochem, North
America................................... RF272-13486
Redman Homes et al......................... RF272-90529 02/08/94
Texaco Inc./Nassaney Service Stations et al RF321-4345 02/07/94
Texaco Inc./Northwest Oil Company, Inc..... RF321-19482 02/07/94
Texaco Inc./Truck Trailer Equip. Co. et al. RF321-19504 02/07/94
------------------------------------------------------------------------
Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
Burgess Texaco Station............................ RF321-19455
Cabrillo Shell Service............................ RF315-6798
City of Portland.................................. RF272-88133
City of Thomson................................... RF272-88398
Elk Point Public Schools.......................... RF272-88620
Harrison Oil Co................................... RF300-19533
Jim's Main Street Shell........................... RF315-8893
John's Texaco Service Center...................... RF321-8482
Loving School District............................ RF272-80017
Montana Agricultural Experiment Station........... RF272-88739
Oxy USA, Inc...................................... LRZ-0024
Ozark Truck Plaza................................. RF321-2403
R & J Arco........................................ RF304-15226
Russell Farms..................................... RF300-19762
Sandpoint Motor Co................................ RF321-19614
Utilities, Manufacturers & transporters........... LRR-0014
------------------------------------------------------------------------
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 25, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-5141 Filed 3-4-94; 8:45 am]
BILLING CODE 6450-01-P
