[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Notices]
[Pages 21516-21517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10758]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Issuance of Decisions and Orders; Week of March 20 through March
24, 1995
During the week of March 20 through March 24, 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.
Appeals
National Security Archive, 3/24/95, LFA-0297
National Security Archive filed an Appeal from a denial by the
Department of Defense of a request for information that it filed under
the Freedom of Information Act (FOIA). The information had been
withheld by the predecessor to the DOE's Office of Declassification as
classified material under Exemptions 1 and 3 of the FOIA. After
considering the matter, the DOE determined that all of previously
withheld material could now be released. Accordingly, the Appeal was
granted.
Richard J. Levernier, 3/21/95, VFA-0025
Richard J. Levernier filed an Appeal from a determination issued by
the Manager of the Department of Energy's Rocky Flats Office (DOE/RF),
in response to a request for information under the Freedom of
Information Act (FOIA). Levernier sought records of telephone
conversations between himself and personnel of Wackenhut Services,
Inc., a DOE contractor. In his Appeal, Levernier challenged the
adequacy of DOE/RF's search for records. In considering the Appeal, the
DOE found that, because the DOE/RF FOIA Officer consulted each of the
offices at DOE/RF that were likely to possess the records, including
the offices that Levernier stated had reviewed the documents, her
search was reasonably calculated to uncover the records sought by the
Appellant. Accordingly, the Appeal was denied.
Robert L. Hale, 3/20/95, VFA-0026
The Department of Energy issued a Decision and Order denying a
Freedom of Information Act Appeal filed by Robert L. Hale. In his
Appeal, Mr. Hale contested the adequacy of the search for responsive
documents performed by the DOE's Oak Ridge Operations Office. After
conducting its own inquiry into the scope of the search, the DOE
concluded that the search was adequate. Mr. Hale's Appeal was therefore
denied.
Personnel Security Hearings
Albuquerque Operations Office, 3/22/95, VSO-0011
A Hearing Officer issued an Opinion regarding the eligibility of an
individual to maintain a level ``Q'' access authorization under the
provisions of 10 CFR part 710. The individual was alleged to have an
illness or mental condition of a nature that in the opinion of a board-
certified psychiatrist causes, or may cause, a significant defect in
her judgment or reliability. On February 15, 1995, an evidentiary
hearing was conducted in which a DOE-sponsored psychiatrist and the
individual's psychiatrist testified, along with other relevant
witnesses. After carefully examining the record of the proceeding, the
Hearing Officer determined that although the individual suffers from
recurrent major depression, her psychiatric profile, type of
depression, work record and efforts at rehabilitation indicate to him
that she is not a risk to national security. Accordingly, the Hearing
Officer found that the individual's access authorization should be
reinstated.
Albuquerque Operations Office, 3/23/95, VSO-0013
An OHA Hearing Officer issued an opinion concerning the access
authorization of an individual whose security clearance was suspended
because he tested positive for marijuana use and also because he lied
on a DOE form, stating that he had not used illegal drugs. The Hearing
Officer found that the individual was rehabilitated from
[[Page 21517]] his drug use, but had not shown rehabilitation from the
falsification. Accordingly, the Hearing Officer determined that the
individual's clearance should not be restored.
Refund Application
Gulf Oil Corporation/Hilltop Auto Laundry, 3/23/95, RF300-15647
Hilltop Auto Laundry filed an Application for Refund in the Gulf
Oil Corporation (Gulf) special refund proceeding. Hilltop requested an
above-volumetric refund based on Gulf's alleged breach of 1972
franchise and supply agreements. The conduct cited by Hilltop was
Gulf's termination of the franchise arrangement, Gulf's use of a
substitute supplier, and Hilltop's receipt of less product than
provided for under the 1972 contract. In considering Hilltop's
Application, the DOE noted that refunds are granted based on alleged or
actual regulatory violations, not alleged breaches of contractual
agreements. The DOE determined that Hilltop had not demonstrated that
the conduct in question violated the regulations. Accordingly, the
Application was denied.
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.
----------------------------------------------------------------------------------------------------------------
Name Case No. Date
----------------------------------------------------------------------------------------------------------------
Skilo Mfg. Inc............................................... RC272-285........................ 03/22/95
Texaco Inc./Dave & Jack's Texaco Service, Inc................ RF321-20885...................... 03/22/95
Millcrest Texaco............................................. RF321-20914......................
White's Texaco............................................... RF321-20931......................
Texaco Inc./Lake Street Texaco et al......................... RF321-572........................ 03/24/95
Texaco Inc./Six Points Texaco................................ RF321-15920...................... 03/22/95
Southside Texaco............................................. RR321-159........................
Texaco Inc./Spiros Karamalegos et al......................... RF321-7550....................... 03/24/95
----------------------------------------------------------------------------------------------------------------
Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
Agipcoal USA, Inc................... RF272-95020
Airport Limousine Service, Inc. RF272-91666
American Western Corporation........ RF272-67861
Benzie County....................... RF272-86933
Clipper's Texaco.................... RF321-18913
Felix M. Rivera Rivera.............. RF315-9352
Gibson Texaco....................... RF321-18974
Hardy Gulf.......................... RF300-21714
John Morrell & Co................... RF272-96573
Luis B. Cruz........................ RF315-9337
McConnell Texaco.................... RF321-10849
Nevada Operations Office............ VSO-0022
Rafael Torres Diaz.................. RF315-9342
Stanley Cain........................ RF321-8985
Villa Prade Auto Service............ RF315-9347
------------------------------------------------------------------------
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 21, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-10758 Filed 5-1-95; 8:45 am]
BILLING CODE 6450-01-P
