[Federal Register Volume 60, Number 93 (Monday, May 15, 1995)]
[Notices]
[Page 25906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11921]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders During the Week of April 10
through April 14, 1995
During the week of April 10 through April 14, 1995 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.
Appeal
Natural Resources Defense Council, 4/14/95, KFA-0071
The Natural Resources Defense Council (NRDC) filed an Appeal from a
determination issued to it by the Office of Military Application (OMA)
of the Department of Energy (DOE). The determination partially denied
three Requests for Information which NRDC submitted under the Freedom
of Information Act (FOIA). In its Requests, NRDC asked for copies of
two documents and various unclassified graphs regarding the force
structure of the United States' nuclear weapon stockpile. In its
determination, OMA provided NRDC with redated copies of the two
requested documents and further stated that the graphs were being
withheld in their entirety since they were contained in another
classified document. Since the withheld information was classified, OMA
stated that the information was being withheld under Exemptions 1 and 3
of the FOIA. NRDC argued that the two documents it was provided were
improperly redacted and that OMA's reason for withholding the graphs
was invalid. Additionally, NRDC argued that classified graphs
potentially responsive to its requests could be made unclassified by
redacting an axis of the graph and provided examples of various
responsive graphs which had been released to the public. The DOE
determined that under current classification guidelines, additional
information from the two responsive documents could now be released but
that the remainder of the withheld information in the documents were
properly classified and withheld pursuant to Exemption 3. The DOE also
found that it possessed no unclassified graphs other than the ones
already in NRDC's possession and that in regard to potentially
responsive classified graphs, such graphs were properly classified
under the current classification guidelines. Further, the DOE
determined that it was impossible to declassify any currently
classified graphs by deletion of a particular element of the graph
without risking the release of classified information. Consequently,
NRDC's Appeal was granted in part.
Refund Application
Charter Co./California, 4/10/95 RM23-288
The DOE issued a Decision and Order granting a Motion for
Modification of a previously-approved refund plan filed by the State of
California in the Charter Company second stage refund proceeding.
California requested permission to reallocate $300,000 in previously
disbursed Charter monies to the Sacramento City Intermodal Transit
Access Project. The project is intended to improve connections between
different forms of public transit in the Sacramento area. In accordance
with prior Decisions that noted the benefits of similar plans, the DOE
granted California's Motion.
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/Klein RF304-14136...... 04/14/95
Trucking et al.
Gulf Oil Corporation/Walton's Auto RF300-20084...... 04/14/95
Service et al.
Shell Oil Company/Howard Shell.......... RF315-8277....... 04/14/95
Texas Gas Transmission Corp............. RF272-77212...... 04/14/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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Bacon Towing Co., Inc................................ RF272-96133
Drumm Service Center #2.............................. RF321-17133
Herzog Contracting Corp.............................. RF321-20158
United Coal & Oil Company............................ RF321-20179
University of Maine.................................. RF272-77609
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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: May 5, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-11921 Filed 5-12-95; 8:45 am]
BILLING CODE 6450-01-P
