[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Notices]
[Pages 18112-18113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9521]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders; Week of March 3
Through March 7, 1997
During the week of March 3 through March 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, S.W.,
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: April 4, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 23--Week of March 3 Through March 7, 1997
Appeals
Sheet Metal Workers' International Association, 3/5/97, VFA-0268
Sheet Metal Workers' International Association (Appellant) filed an
Appeal of a Determination issued to it by the Department of Energy
(DOE) in response to a request under the Freedom of Information Act
(FOIA). In the request, the Appellant asked for apprentice registration
forms and certified payroll records generated in connection with a
contract to build a Clean Room. In its Determination, Oak Ridge
Operations Office (Oak Ridge) found that the DOE
[[Page 18113]]
did not have any responsive documents in its possession. On appeal, the
Appellant argued that the DOE must possess such documents because the
Clean Room contract was a construction contract and under the Davis-
Bacon Act, the agency was required to keep such records. The Office of
Hearings and Appeals (OHA) found that the Clean Room contract had been
classified as a service contract not covered by the Davis-Bacon Act.
Therefore, OHA upheld Oak Ridge's Determination that the agency did not
possess responsive documents. The OHA also found that the agency did
not own any responsive documents under contract. Therefore, the DOE
denied the Appeal.
Personnel Security Hearings
Personnel Security Hearing, 3/5/97, VSO-0114
A Hearing Officer found that an individual had not successfully
mitigated security concerns arising from his providing false
information and his pattern of keeping certain of his behavior secret.
These behaviors tended to show that the individual was not honest,
reliable, and trustworthy. Accordingly, the Hearing Officer recommended
in the Opinion that the individual's access authorization not be
restored.
Personnel Security Hearing, 3/6/97, VSO-0115
A Hearing Officer found that an individual had not successfully
resolved security concerns arising from her mental illness. The
behavior associated with her mental illness, including an attempted
suicide, indicated that the mental illness causes a significant defect
in the individual's judgment and reliability. Although the individual
is now participating in a therapeutic program, she has not participated
long enough to provide assurance that defects in her judgment and
reliability will not recur. Accordingly, the Hearing Officer
recommended in the Opinion that the individual's access authorization
not be restored.
Refund Application
Kathleen Lanier, 3/7/97, RK272-4201
The DOE denied a supplemental crude oil refund application filed by
Kathleen Lanier. The OHA determined that Ms. Lanier had no legally
cognizable relationship to the original refund applicant, Golden Dawn
Foods, Inc.
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.
Apex Oil Co/Clark Oil Co/et al/Wright Industries, Inc.... RF342-00047 3/7/97
Brink's Incorporated..................................... RF272-86049 3/7/97
Crude Oil Supple Ref Dist................................ RB272-00102 3/3/97
Daniel Ruiz.............................................. RJ272-31 3/3/97
Effingham Equity et al................................... RG272-3 3/3/97
Indiana Brass, Incorporated.............................. RK272-04127 3/3/97
J.B. Talley & Co., Inc. et al............................ RK272-4093 3/4/97
Nora Lee Elkins et al.................................... RK272-4064 3/3/97
V.F. Warner & Son et al.................................. RF272-97275 3/7/97
Virgil's, Inc. et al..................................... RF272-86613 3/3/97
W.E. Bartholow & Son Const............................... RJ272-26 3/3/97
W.E. Bartholow & Son Const............................... RJ272-27 3/3/97
W.E. Bartholow & Son Const............................... RJ272-28 3/3/97
W.E. Bartholow & Son Const............................... RJ272-29 3/3/97
W.E. Bartholow & Son Const............................... RJ272-30 3/3/97
Dismissals
The following submissions were dismissed.
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Name Case No.
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Borough of Cornwall............................ RF272-86140
Brader Hauling Service, Inc.................... RR272-283
Citizen Action................................. VFA-0269
City of Bedford Heights........................ RF272-86092
Owen's Oil Service............................. RF342-225
Ramsey Trucking, Inc........................... RK272-4038
Rio Stores, Inc................................ RK272-3824
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[FR Doc. 97-9521 Filed 4-11-97; 8:45 am]
BILLING CODE 6450-01-P
