[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9816]
[[Page Unknown]]
[Federal Register: April 22, 1994]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Issuance of Decisions and Orders; Week of March 7 Through March
11, 1994
During the week of March 7 through March 11, 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
Joyce E. Economus, 3/11/94, LFA-0350
Joyce E. Economus appealed a denial by the Bonneville Power
Administration of a request for information that she filed pursuant to
the Freedom of Information Act. The BPA had determined that the entire
investigatory report sought by Economus should be withheld pursuant to
the attorney work-product privilege of Exemption 5. After reviewing the
document on appeal, the DOE determined that only part of the report
fell within the scope of the work-product privilege. The DOE found,
however, that additional portions of the report were exempt from
disclosure under FOIA Exemption 6 (personal privacy) or under the
deliberative process or witness statement privileges of Exemption 5.
Accordingly, the Appeal was granted in part, and the matter was
remanded to the BPA for release of personal correspondence between
Economus and a co-worker, and for issuance of a new determination that
releases any segregable non-exempt information and which considers
whether any portions of the Report should be released in the public
interest.
Kenneth H. Besecker, 3/11/94, LFA-0355
Kenneth H. Besecker filed an Appeal from a determination issued to
him on February 4, 1994 by the Authorizing Official of the Savannah
River Operations Office (SR) of the Department of Energy (DOE). In that
determination, the Authorizing Official denied a request for
information filed pursuant to the Freedom of Information Act.
Specifically, the Authorizing Official denied Besecker's request for
copies of reports concerning Besecker and related materials. In
considering the Appeal, the DOE confirmed the existence of nine
documents responsive to Besecker's request and on March 4, 1994, SR
released these documents to the requester. Accordingly, the DOE
dismissed the Appeal.
Implementation of Special Refund Procedures
Pete Aljian Chevron Shaw & 99 Chevron, 3/9,94, LEF-0089, LEF-0090
The DOE issued a Decision and Order implementing procedures for the
distribution of $14,912.58, plus accrued interest, in alleged
overcharges obtained from Pete Aljian and Shaw 99 Chevron. These funds
were remitted to settle possible pricing violations in their sales of
motor gasoline during portions of 1979 and 1980. The DOE determined
that these funds will be distributed in accordance with the DOE's
Petroleum Overcharge Distribution and Restitution Act of 1986 (PODRA).
Accordingly, Applications for Refund will be accepted from any party
who purchased refined petroleum products during the specified periods,
(December 15, 1979 through May 28, 1980 for Aljian, or December 15,
1979 through July 17, 1980 for Shaw). The specific information to be
included in Applications for Refund is included in the Decision.
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/Rio Grande RF304-14504 03/10/94
Arco et al.
Go-Mart, Inc............................. RF272-93246 03/11/94
Gulf Oil Corp./A.R. Sanchez Gulf Station RF300-20455 03/08/94
et al.
Gulf Oil Corp./Ft. Hartford Stone Co..... RF300-18376 03/07/94
Gulf Oil Corp./Pepsi-Cola Company........ RF300-20525 03/08/94
Board of Education of Jefferson County... RF300-20722
Gulf Oil Corporation/College Gulf Service RR300-255 03/11/94
Sheldon Coop Services et al.............. RF272-91512 03/07/94
Shell Oil Company/Cotton Brothers........ RF315-10131 03/08/94
Texaco Inc./Gaona Bros., Inc............. RF321-20614 03/07/94
Texaco Inc./R.R. Guerra, Consignee....... RF321-19653 03/10/94
Texaco Inc./Ron's Texaco et al........... RF321-1683 03/10/94
Troy Elementary #1 et al................. RF272-87369 03/11/94
Whitaker Oil Co./Arivec Chemical, Inc.... RF351-8 03/11/94
Cargill, Inc............................. RF351-15
National Cash Register Company........... RF351-16
Whitaker Oil Co./Pride Terminals, Inc. et RF351-3 03/08/94
al.
Dismissals
The following submissions were dismissed:
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Name Case No.
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Beacon #516........................................... RF238-90
Bit-Con Corporation................................... RF272-77394
BTL Specialty Resins.................................. RF272-58631
Dom's Gulf Service.................................... RF300-18513
Independence Cab...................................... RF272-72300
M G, Inc., Feed Division.............................. RF300-20844
Margaret Klunk........................................ LFA-0358
St. Joseph State Hospital............................. RF272-85665
Taos Municipal Schools................................ RF272-87511
Wil's Service......................................... RF304-12370
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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: April 15, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-9816 Filed 4-21-94; 8:45 am]
BILLING CODE 6450-01-P
