[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12420]
[[Page Unknown]]
[Federal Register: May 20, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Issuance of Decisions and Orders During the Week of March 21
Through March 25, 1994
During the week of March 21 through March 25, 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.
Appeal
OXY USA, Inc., 3/23/94, LFA-0359
OXY USA, Inc. (OXY) filed an Appeal from a determination issued by
the Economic Regulatory Administration (ERA) of the Department of
Energy in response to a request from OXY under the Freedom of
Information Act (FOIA). OXY sought an ERA audit report of Cities
Service Company. The only issue was whether the ERA properly considered
a memorandum from Janet Reno, the Attorney General (Reno Memorandum) as
part of the public interest analysis in its decision not to make a
discretionary release of the report. In considering the Appeal, the DOE
found that ERA properly considered the Reno Memorandum in its finding
that release of the report would cause a reasonably foreseeable harm to
the ongoing litigation involving OXY. Accordingly, the Appeal was
denied.
Refund Applications
Texaco Inc./Arriola Texaco, et al.,
3/24/94, RF321-767 et al.
The DOE issued a Decision and Order in the Texaco Inc. refund
proceeding concerning four Applications for Refund filed by retail
outlets that purchased some of their Texaco products indirectly through
Texaco jobbers. The DOE found that the applicants' estimates of the
amount of product that they purchased from the jobbers were flawed. The
applicants, however, had records of their annual gross revenues during
the refund period. The DOE estimated their annual purchases using these
revenue figures by first estimating for each year the amount of their
revenues that was from gasoline sales. The DOE then divided this amount
by an estimated average retail branded selling price that it calculated
for each year of the refund period. The applicants were granted refunds
based upon the purchase volume so calculated. The total refund granted
was $5,826, including interest of $1,625.
Texaco Inc./Art's Texaco,
3/22/94, RF321-18636
The DOE issued a Decision and Order denying an Application for
Refund filed by Arthur A. Balczarek on behalf of Art's Texaco in the
Texaco Inc. Subpart V special refund proceeding. Mr. Balczarek was
unable to satisfactorily document gallonage information for the period
during which he operated the outlet. He did attempt to support his
claim through the use of the National Petroleum News (NPN) Factbook.
The DOE determined that this was not satisfactory evidence with which
to document gallonage claim and therefore there was no basis on which
the DOE could grant a refund to Mr. Balczarek.
Texaco Inc./ Diamond Point Texaco, 3/22/94, RF321-12125
The DOE issued a Decision and Order in the Texaco Inc. refund
proceeding concerning an Application for Refund filed by Diamond Point
Texaco, a retail outlet that purchased Texaco products from Poweram Oil
Company, a Texaco jobber. Poweram had previously demonstrated that it
had absorbed all of Texaco's alleged overcharges during the period for
which Diamond Point sought a refund. Accordingly, Diamond Point could
not have been injured by Texaco's alleged overcharges, and the
application for refund was denied.
Texaco Inc. M&H Texaco, 3/24/94, RR321-17
Vernon Horne, the owner of two Texaco service stations, filed a
Motion for Reconsideration of a Decision and Order that denied
duplicate refund applications that he had filed for each station in the
Texaco refund proceeding. Mr. Horne stated that he had signed both
applications at the request of Federal Refunds, Inc. (FRI), the firm
that had prepared the forms and submitted them to the Office of
Hearings and Appeals. In considering the Motion, the DOE found that Mr.
Horne erroneously filed the second applications because he was confused
by FRI's sending him another form, and not for the purpose of obtaining
duplicate refunds. Mr. Horne's refund claim for one of his stations was
approved for the period in which it was directly supplied by Texaco.
However, the DOE rejected Mr. Horne's claim for this station for the
period January 1980 through January 1981, when it was supplied by
Poweram Oil Co., a Texaco jobber. Poweram has previously established
that during the period it absorbed Texaco's alleged overcharges and did
not pass them through to its customers. The DOE also rejected Mr.
Horne's refund claim for his second station since he submitted neither
evidence to show that he operated it during the refund period nor the
volume of motor gasoline that it purchased. The total amount of the
refund granted by the DOE in this case was $978.
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/Elliott Sav- RF304-14483...... 03/21/94
on Gas, Inc. et al.
Clark Oil & Refining Corp./James RF342-289........ 03/24/94
Machowiak.
Washington Clark........................ RF342-290........ ...........
Clark Oil & Refining Corp./Kim's Super RF342-185........ 03/24/94
100.
Congoleum Corporation................... RF272-56224...... 03/21/94
Congoleum Corporation................... RD272-56224...... ...........
Enron Corp./Litchfield Gas Company...... RF340-128........ 03/23/94
P&H Gas Company......................... RF340-138........ ...........
Bert Schrank LP-Gas Company............. RF340-140........ ...........
Fiore Trucking & Contracting Company.... RF272-75925...... 03/24/94
Permit Haulers, Inc. D/B/Ablakeman RF272-75974...... ...........
Corporation.
Gulf Oil Corp./Texas Sand & Gravel Co., RF300-13151...... 03/21/94
Inc. et al.
Gulf Oil Corp./W.G. Ingram Oil Co....... RF300-20921...... 03/21/94
Gulf Oil Corp./Wholesale LP Gas Co., RF300-20522...... 03/23/94
Inc. et al.
Oil Center Research, Inc. et al......... RF272-92523...... 03/24/94
Texaco Inc./Bob Moorman Texaco.......... RF321-847........ 03/21/94
Howard's Texaco......................... RF321-1060....... ...........
Larry's Texaco.......................... RF321-8476....... ...........
Texaco Inc./Country Club Texaco et al... RF321-151........ 03/24/94
Texaco Inc./Drayton Hall Trust et al.... RF321-7119....... 03/21/94
Texaco Inc./Ken's Texaco et al.......... RF321-19161...... 03/24/94
Texaco Inc./Loveland Texaco et al....... RF321-18081...... 03/24/94
Texaco Inc./Russell's Texaco et al...... RF321-7133....... 03/24/94
Texaco Inc./The B.F. Goodrich Company et RF321-19017...... 03/21/94
al.
The Olympic Homecare Products Co........ RF272-57183...... 03/21/94
The Olympic Homecare Products Co........ RD272-57183...... ...........
Wheels, Inc............................. RF272-54666...... 03/21/94
Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
Acorn Products...................................... RF272-93399
Al Tech Specialty Steel Corp........................ RF272-95124
Andy's Brake & Alignment............................ RF321-17183
AT&T Technologies, Inc.............................. RF272-67238
Bluffton Utilities.................................. RF272-93654
Borough of Derry.................................... RF272-88625
Borough of Englewood Cliffs......................... RF272-88602
Carsalve Servicenter................................ RF321-20318
Chris Hansen Texaco................................. RF321-20319
City of Davis....................................... RF272-88635
City of De Witt..................................... RF272-88622
City of Deming...................................... RF272-88640
City of Denville.................................... RF272-88641
City of Fairbanks................................... RF272-88603
City of Farmington.................................. RF272-88606
City of Festus...................................... RF272-88607
Corcoran Joint Unified School District.............. RF272-81724
Country Club Texaco................................. RF321-20334
Crowley-Sheppard Asphalt Co......................... RF272-93495
Dewey Township Schools.............................. RF272-88626
Dodgeville Central School........................... RF272-88629
Harley Davidson, Inc................................ RF272-95118
Herman H. Howard Sons............................... RF272-93018
Lakeside Texaco..................................... RF321-20383
Lollis Texaco....................................... RF321-15960
Marsellis Warner Corp............................... RF272-93062
Matthew's Texaco/VPA Auto Repair.................... RF321-20577
Parkway Texaco...................................... RF321-20404
Parkway View S/C.................................... RF321-20303
Pat & Mike's Texaco................................. RF321-20384
Phillips County..................................... RF272-88653
Schuylkill Metals Corp.............................. RF272-93013
Terrell Farms Farm Acct............................. RF272-93157
Town of Babylon..................................... RF272-88216
Township of Fairview................................ RF272-88605
Travelers Texaco.................................... RF321-20164
Village of Dupo..................................... RF272-88613
Wayne County........................................ RF272-87911
Wayne Dunagan....................................... RF272-92962
Yorktowne Texaco.................................... RF321-20403
------------------------------------------------------------------------
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: May 11, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-12420 Filed 5-19-94; 8:45 am]
BILLING CODE 6450-01-P
