[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)]
[Notices]
[Pages 25946-25947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12358]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
April 21 Through April 25, 1997
During the week of April 21 through April 25, 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, SW,
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: May 5, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 30; Week of April 21 Through April 25, 1997
Appeals
Information Focus on Energy, 4/25/97, VFA-0281
The DOE issued a decision denying in part and granting in part a
Freedom of Information Act (FOIA) Appeal filed by Information Focus on
Energy (IFOE). IFOE sought Internet access to records of occurrence
reports contained in a DOE database. The DOE's FOIA/Privacy Act
Division (HQ) denied access to the database, but released some
responsive records to the requester. In its decision, the DOE found
that HQ did not release all responsive records to IFOE, and granted
this portion of the Appeal. However, the DOE found that HQ had no
obligation to provide the responsive records on the Internet, and
accordingly denied this portion of the Appeal.
Research Information Services, Inc., 04/25/97, VFA-0283
Research Information Services, Inc. (RIS) filed an Appeal from a
determination issued by the Office of Arms Control and Nonproliferation
(OACN). In that determination, OACN furnished RIS with lists of
information that had been forwarded to other agencies and the DOE
Office of Declassification. In its Appeal, the RIS contended that it
was entitled to a list of information available in the FOIA Reading
Room. The DOE rejected that contention, holding that it was not
required to compile a list of the publicly available material. The RIS
also contended that OACN had not released all responsive information.
OACN determined that some information had not been released and
requested that the matter be remanded to it for a new determination
either justifying the withholding of that information under Exemption 4
or releasing it. Therefore, the Appeal was denied in part and granted
in part.
Richard J. Levernier, 04/25/97, VFA-0282
The DOE issued a decision granting in part a Freedom of Information
Act (FOIA) Appeal filed by Richard J. Levernier. Levernier sought
documents concerning certain investigations by the DOE's Office of
Inspector General (IG). In its decision, the DOE found that the IG's
search for responsive documents was adequate and that the IG's
withholdings under FOIA Exemptions 6, 7(C) and 7(D) were appropriate.
However, the DOE questioned some of the IG's withholdings under
Exemption 5. Accordingly, the Appeal was remanded to the IG and denied
in all other aspects.
Robert B. Freeman, 04/24/97, VFA-0279
The DOE granted in part and denied in part an appeal of a
determination withholding documents under Section 552a(d)(5) of the
Privacy Act. The DOE found that certain records were not subject to the
exemption set forth in 5 U.S.C. Sec. 552a(d)(5), that information in
these records must be released to the appellant unless it is exempt
from disclosure under both the Privacy Act and Freedom of Information
Act (FOIA), and that certain other records in the possession of a
private physician were not subject to the provisions of the Privacy Act
or FOIA.
Supplemental Order
C. Lawrence Cornett, 4/24/97, VWX-0010
This Order supplements an Initial Agency Decision, dated December
19, 1996, issued by a DOE Hearing Officer involving a ``whistleblower''
complaint filed by C. Lawrence Cornett under the DOE Contractor
Employee Protection Program, 10 C.F.R. Part 708. In the December 19
Decision, the Hearing Officer recommended that Cornett be awarded back
pay lost as a result of the reprisals taken against him, as well as all
costs and expenses reasonably incurred by him in bringing his
complaint. Subsequently, Cornett submitted documentation pertaining to
his claimed back pay, attorney fees and costs. In the Supplemental
Order, the Hearing Officer awarded Cornett back pay of $161,864 and
interest of $33,543. With regard to attorney fees, the Hearing Officer
proportionally reduced Cornett's attorney fee claim because of
duplication of effort and inefficiencies of the multiple attorneys
involved in the case. The Hearing Officer awarded Cornett $76,230 for
attorney fees. After making reductions for costs not reasonably related
to the bringing of his complaint, the Hearing Officer awarded Cornett
$8,963 for costs. In total, the Hearing Officer awarded Cornett
$280,600.
Refund Application
U.S. Department of Agriculture, 4/21/97, RF272-76126, RF272-78732
The DOE issued an order approving two Applications for Refund filed
by the U.S. Department of Agriculture in the DOE's Subpart V crude oil
refund proceeding. The DOE determined that the claimed volumes were not
purchased through the Defense Logistics Agency (DLA) and, therefore,
were not covered by the refund granted DLA in a separate case. The
total refund granted to USDA was $127,733.
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.
Beatrice M. Ferron et al................................. RK272-01603 4/24/97
Dart Trucking............................................ RG272-43 4/22/97
Defiance Landmark et al.................................. RG272-11 4/21/97
Lewis Coal & Coke Co., Inc. et al........................ RK272-03649 4/22/97
[[Page 25947]]
Monahan Transportation Co., Inc.......................... RF272-97370 4/23/97
Qantas Airways Limited................................... RF272-93603 4/23/97
Roy Anderson Paint Co.................................... RG272-12 4/23/97
Shippers Transports, Inc................................. RF272-69235 4/24/97
Township of Dover et al.................................. RF272-86027 4/22/97
Vic Kimmel Inc. et al.................................... RK272-02909 4/24/97
West Bldg Materials/Assoc Distributors................... RR272-268 4/23/97
Dismissals
The following submissions were dismissed.
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Name Case No.
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Burbank Cooperative Creamery................. RF272-895
Farmers Co-op Elevator Co.................... RG272-779
Grygle Cooperative Company................... RG272-645
Inter-Lake Cooperative Association........... RG272-697
Mesa Airlines, Inc........................... RF272-98792
Paramount Communications Realty Corp......... RF272-98759
Personnel Security Hearing................... VSO-0143
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[FR Doc. 97-12358 Filed 5-9-97; 8:45 am]
BILLING CODE 6450-01-P
