[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Notices]
[Pages 20264-20266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10161]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
January 30 Through February 3, 1995
During the week of January 30 through February 3, 1995 the
decisions and orders summarized below were issued with respect to
appeals and 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.
Appeal
Lloyd Makey, 2/1/95, VFA-0019
Lloyd Makey filed an Appeal from a determination issued to him by
the Assistant Inspector General for Investigations. In that
determination, the Assistant Inspector General released several
documents responsive to Mr. Makey's request under the Freedom of
Information Act. In his Appeal, Mr. Makey contended that the DOE search
was inadequate. In considering the Appeal, the DOE confirmed that the
Assistant Inspector General followed procedures which were reasonably
calculated to uncover responsive documents. Accordingly, the DOE denied
the Appeal.
Requests for Exception
Coker Oil, Inc., 2/2/95, LEE-0161
[[Page 20265]] Coker Oil, Inc., filed an Application for Exception
from the requirement that it file Form EIA-782B, the ``Reseller/
Retailer's Monthly Petroleum Product Sales Report.'' The DOE found that
the firm was not affected by the reporting requirement in a manner
different from other similar firms, and consequently was not
experiencing a special hardship, inequity, or unfair distribution of
burdens. Accordingly, the firm's Application for Exception was denied.
John E. Retzner Oil Co., Inc., 1/30/95, LEE-0147
John E. Retzner Oil Company, Inc. (Retzner) filed an Application
for Exception from the Energy Information Administration requirement
that it file Form EIA-782B, the ``Resellers'/Retailers' Monthly
Petroleum Product Sales Report.'' The DOE issued a Proposed Decision
and Order on November 4, 1994, that would deny Retzner's application.
Retzner filed a Statement of Objections to that Proposed Decision and
Order. In the course of reviewing Retzner's objections, the DOE
discovered that Retzner's selection in the current sample group of
firms required to file Form EIA-782 was the result of a record-keeping
error, by which Retzner had been listed twice on the list of firms
eligible to participate in the survey. Accordingly, the DOE issued a
final Decision and Order granting Retzner's Application for Exception.
Keith E. Downard, 1/30/95, LEE-0128
Keith E. Downard filed an Application for Exception from filing
Form EIA-782B, ``Resellers'/Detailers' Monthly Petroleum Product Sales
Report''. In considering the request, the DOE found that the firm was
not suffering any serious hardship, gross inequity, or unequal
distribution of burdens. Accordingly, exception relief was denied.
Personnel Security Hearing
Albuquerque Operations Office, 1/31/95, VSO-0002
A Hearing Officer from the Office of Hearings and Appeals issued an
Opinion regarding the eligibility of an individual for access
authorization under the provisions of 10 C.F.R. Part 710. After
carefully considering the record of the proceeding in view of the
standards set forth in 10 C.F.R. part 710, the Hearing Officer found
that the individual: (i) Had omitted significant information from a
Questionnaire for Sensitive Positions and from a personnel security
interview; (ii) had been diagnosed by a board-certified psychiatrist as
having two mental disorders which could cause a significant defect in
the individual's judgment or reliability; (iii) was a user of alcohol
habitually to excess; (iv) had possessed and used illegal substances,
i.e., marijuana and cocaine; and (v) had exhibited conduct that shows
that he is not honest, reliable, or trustworthy. The Hearing Officer
rejected the individual's arguments that he had been improperly
diagnosed under Diagnostic and Statistical Manual III-R criteria and
that the psychiatrist who evaluated him was biased. The Hearing Officer
further found no evidence of significant rehabilitation or reformation
regarding the individual. Accordingly, the Hearing Officer recommended
that the individual's access authorization should not be granted.
Implementation of Special Refund Procedures
King Petroleum, Inc. et al., Billy Bridewell, William J. Cobb, et al.,
2/1/95, LEF-0125, LEF-0126
The DOE issued a final Decision and Order setting forth refund
procedures for the distribution of $337,022.86, plus accrued interest,
obtained from King Petroleum, Inc., et al. (King), and Billy Bridewell
and William J. Cobb, et al. (Bridewell), in settlement of proceedings
relating to violations of the mandatory petroleum price and allocation
regulations. The DOE determined that the funds would be distributed in
accordance with the DOE's Modified Statement of Restitutionary Policy
in Crude Oil Cases (the MSRP). Under the MSRP, crude oil overcharge
monies are divided among the states (40%), the federal government
(40%), and injured purchasers of refined products (20%).
Supplemental Order
David Ramirez, 1/30/95, VWX-0001
A Hearing Officer of the Office of Hearings and Appeals issued a
final order awarding $38,695.25 for attorney fees and disbursements in
a ``whistleblower'' case under the DOE's Contractor Employee Protection
Program, 10 C.F.R. part 708. In prior Decisions, the Hearing Officer
found that Brookhaven National Laboratory (BNL) violated the part 708
regulations by directing that David Ramirez, a subcontractor employee,
be laid off in reprisal for his making protected safety disclosures,
and awarded Mr. Ramirez back pay and reimbursement for all costs and
expenses reasonably incurred by him in bringing his complaint,
including the legal services rendered in the review phase of the
proceeding. The present Decision approves the attorney's fees request
except for the period of time in which the attorney engaged in clerical
tasks. For that period, the Decision approves payment at the rate of
$10 per hour, and not at the approved rate for legal services, $175 per
hour.
Refund Applications
Burnup & Sims, Inc., 2/1/95, RA272-65
The DOE granted an Application for a Supplemental Refund from crude
oil overcharge funds to Burnup & Sims, Inc., based upon documentation
demonstrating that the purchase volume approved for it in a December
19, 1994 Decision was incorrect.
LPS Laboratories, Inc., 1/30/95, RF272-97045
LPS Laboratories, Inc., applied for a refund in the Subpart V crude
oil refund proceeding for purchases of mineral spirits and propane used
in its chemical manufacturing business. Because of the volume of
mineral spirits in certain products, we determined that LPS was a
reseller. LPS did not make a detailed showing of injury, and therefore
the portion of LPS's Application for mineral spirits was ineligible for
a refund. Furthermore, LPS did not show that its purchases of propane,
which it used in a rust inhibitor, were separate and distinct from its
reseller operations. Therefore, LPS was not eligible to use the end-
user presumption of injury, and the entire refund was denied.
Tesoro Petroleum Corporation/Fletcher Oil Company, 2/2/95, RF326-2851
Fletcher Oil Company filed an Application for Refund in the Tesoro
Petroleum Corporation special refund proceeding. Fletcher sought an
above-volumetric refund based upon a claim that it suffered a
disproportionate injury with respect to its purchases of No. 2 fuel
oil. Fletcher alleged that Tesoro had violated the normal business
practices rule by requiring that it take delivery of the fuel oil in
Alaska and pay the freight from Alaska to Seattle. Fletcher, however,
failed to show that its combined purchase price and freight charge was
higher than the lawful price that Tesoro could have charged for the
fuel oil if it had been delivered to Seattle. Furthermore, the record
indicated that Fletcher's delivered cost of fuel oil from Tesoro was
lower than the average cost from other suppliers in Fletcher's
marketing area. Fletcher, therefore, failed to demonstrate that its
Tesoro purchases placed it at a competitive disadvantage. The DOE found
that Fletcher should be granted a volumetric refund. However, since
evidence submitted by Fletcher [[Page 20266]] indicated that the firm's
banks of increased fuel oil costs were negative until September 1974,
Fletcher's purchases between November 1973 and September 1974 were
excluded from the calculation of its volumetric refund.
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.
Bulkmatic Transport Company............................................... RF272-94066 01/31/95
Clay Central Community School et al....................................... RF272-82481 02/03/95
Farmers Co-Op et al....................................................... RF272-85657 02/03/95
Green Bay Food Co. et al.................................................. RF272-93697 01/31/95
Gulf Oil Corporation/George C. Miller Brick Co., Inc...................... RF300-21660 01/31/95
Rutherford East........................................................... RF300-21672
Rutherford................................................................ RF300-21673
Gulf Oil Corporation/Jumping Brook Gulf et al............................. RF300-21511 02/01/95
Gulf Oil Corporation/North Jackson Aviation, Inc.......................... RF300-18401 02/03/95
Hampshire County Board of Education et al................................. RF272-86905 02/03/95
Revere Copper & Brass Inc. et al.......................................... RF272-90844 02/01/95
Texaco Inc./Higgins Texaco................................................ RF321-21055 02/03/95
Texaco Inc./Jamul Texaco et al............................................ RF321-20454 01/31/95
Texaco Inc./Johnson & Hurlock Texaco et al................................ RF321-18299 02/03/95
Texaco Inc./Riverview Super Service....................................... RF321-13116 02/02/95
Texaco Inc./Rubidoux Texaco et al......................................... RF321-20399 02/01/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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Aircomfort, Inc................................... RF272-94643
Brooks Products, Inc.............................. RF272-93525
City of Corry..................................... RF272-85888
City of Covina.................................... RF272-85997
City of Dinuba.................................... RF272-85954
City of Hamlin.................................... RF272-85998
City of Mason City................................ RF272-85825
City of Poquoson.................................. RF272-96998
Dakota County..................................... RF272-85086
Ewing's Texaco.................................... RF321-20545
Lamar County...................................... RF272-85920
Mongtomery County................................. RF272-85996
Pace's Texaco..................................... RF321-20586
Simmons Pole & Piling............................. RF300-18835
Township of Glen Ridge............................ RF272-85949
Township of W. Manchester......................... RF272-85943
Village of Cornwall-on-Hudson..................... RF272-85889
Village of Great Neck Plaza....................... RF272-85990
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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, S.W.,
Washington, D.C. 20585, 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.
Dated: April 18, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-10161 Filed 4-24-95; 8:45 am]
BILLING CODE 6450-01-P
