[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5310]
[[Page Unknown]]
[Federal Register: March 8, 1994]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders; the Office of Hearings and
Appeals Week of January 24 through January 28, 1994
During the week of January 24 through January 28, 1994, 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.
Appeals
John W. Osenbaugh, 1/27/94, LFA-0346
John W. Osenbaugh filed an Appeal from a determination issued by
the National Renewable Energy Laboratory Area Office (NREL) of the
Department of Energy in response to a request from Mr. Osenbaugh under
the Freedom of Information Act (FOIA). Mr. Osenbaugh sought documents
concerning the production of fuel from switchgrass. In considering the
Appeal, the DOE found that NREL performed an adequate search for
relevant documents, did not withhold under Exemption 4 cost and pricing
information for switchgrass, and met the requirements of 10 CFR
Sec. 1004.5(b)(5). Accordingly, the Appeal was denied in all respects.
Ron Vader, 1/27/94, LFA-0347
Ron Vader filed an Appeal from a determination issued by the
Richland Field Office (Richland) in response to a request for
information that he submitted under the Freedom of Information Act
(FOIA). Mr. Vader requested information concerning a ``hearing'' held
regarding the accidental entrance of several Walla Walla University
students, including Mr. Vader, onto DOE's Hanford site in December
1976. In its determination, Richland concluded that it did not have
information responsive to Mr. Vader's request. Mr. Vader appealed,
claiming that the search that Richland conducted was inadequate and
Richland must have some record of the hearing about which he was
requesting information. The DOE determined that the search was adequate
and that any information Richland may have had would have been
destroyed pursuant to the Records Inventory and Disposition Schedule.
Therefore, the Appeal was denied.
Taylor, Newsome, Tinkham & Cole, P.C., 1/27/94, LFA-0345
Taylor, Newsome, Tinkham & Cole, P.C. (Taylor), filed an Appeal
from a determination issued by the Oak Ridge Field Office (Oak Ridge)
in response to a request for information Taylor submitted under the
Freedom of Information Act (FOIA). Taylor sought information concerning
contracts awarded to Research Triangle Institute, including agreements
entered into by Martin Marietta Energy Systems, Inc. (MMES) on behalf
of the DOE. In its determination, Oak Ridge concluded that it did not
have information responsive to Taylor's request and anything that may
have been held by MMES would not be agency documents and therefore not
within the scope of the FOIA. Taylor appealed, claiming that the search
Oak Ridge conducted was inadequate and that the provision in the
contract between MMES and DOE that stated that all procurement
documents were the property of MMES violated 5 U.S.C. Sec. 552. The DOE
determined that the search was adequate and the validity of the
contract provision that Taylor was questioning was outside the
jurisdiction of a FOIA Appeal. Therefore, the Appeal was denied.
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.
Arkla, Inc................................................................ RF272-28017 01/26/94
Atlantic Richfield Company/Broadway ARCO et al............................ RF304-14295 01/25/94
Atlantic Richfield Company/City of Bell Gardens et al..................... RF304-14212 01/25/94
Beacon Oil Company........................................................ RF272-93025 01/27/94
Duffie Monroe & Sons Company.............................................. RF272-93026
Beacon Oil Company/Ernie's Beacon......................................... RF238-148 01/27/94
Beacon Oil Company/Steve's Beacon Service................................. RF238-149 01/25/94
Bukovatz 66............................................................... RF272-90942 01/25/94
Gateway School District et al............................................. RF272-80652 01/25/94
Gulf Oil Corporation/Cornell Young Co..................................... RF300-19291 01/27/94
Gulf Oil Corporation/Harold's Gulf, Inc................................... RF300-15267 01/27/94
Harold's Gulf, Inc........................................................ RF300-16373
Gulf Oil Corporation/Ottawa Oil Company................................... RF300-19924 01/27/94
Gulf Oil Corporation/Wexwell Corporation.................................. RF300-20086 01/25/94
Wexwell Corporation....................................................... RF300-21769
Wexwell Corporation....................................................... RF300-21770
R.J. Glass, Inc........................................................... RF272-77610 01/25/94
Shell Oil Company/Arrow Transportation Company............................ RF315-10102 01/26/94
Shell Oil Company/Union Oil Co. of California............................. RF315-9175 01/26/94
Texaco Inc./Ellis Robertson Corporation................................... RR321-50 01/25/94
Ellis Robertson Co., Inc.................................................. RF321-14027
Ellis Robertson Co., Inc.................................................. RF321-14028
Ellis Robertson Co., Inc.................................................. RF321-14029
Texaco Inc./Roebuck Plaza Texaco et al.................................... RF321-15838 01/25/94
Texaco Inc./Rollins Oil Co. et al......................................... RF321-10530 01/25/94
Dismissals
The following submissions were dismissed:
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Name Case No.
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City of Fontana....................................... RF272-85367
City of Henderson, TN................................. RF272-85295
Clinton County........................................ RF272-85292
Fredonia Texaco....................................... RF321-18681
Hickory County........................................ RF272-85316
John Smith Texaco..................................... RF321-18641
New Castle Area School District....................... RF272-80018
Steve's Get & Go Market............................... RF238-124
Vickery's Texaco...................................... RF321-8447
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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: March 1, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-5310 Filed 3-7-94; 8:45 am]
BILLING CODE 6450-01-P
