[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Notices]
[Pages 21798-21799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10903]
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DEPARTMENT OF ENERGY
The Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders; Week of January 23
Through January 27, 1995
During the week of January 23 through January 27, 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
The National Security Archive, 1/23/95, VFA-0015
The National Security Archive (NSA) filed an Appeal from a
determination issued to it on December 5, 1994, by the Director, Office
of Arms Control and Nonproliferation of the Department of Energy (Arms
Control) which denied a request for information it had filed under the
Freedom of Information Act (FOIA). The request sought records relating
to negotiations with Japan, and the transfer of plutonium to Japan
between 1980 and 1983. Arms Control stated that it did not possess any
responsive documents, and the Appeal challenged the adequacy of the
search. In considering the Appeal, the DOE found that Arms Control
conducted a reasonable search for responsive documents located in its
files. However, the DOE found that other offices that were not searched
might have responsive documents. Accordingly, NSA's Appeal was granted
and the matter was remanded to the FOIA Office for a search of all of
the offices or their successors originally named in NSA's request or
its Appeal.
Implementation of Special Refund Procedures
Ed'S Exxon, Ron's Shell, 1/27/95, LEF-0078, LEF-0084
The DOE issued a Decision and Order implementing special refund
procedures to distribute $3,657.84, plus accrued interest, which Ed's
Exxon and Ron's Shell (the remedial order firms) remitted to the DOE
pursuant to Remedial Orders issued on September 30, 1981, and April 27,
1982, respectively. The DOE determined that it would distribute the
fund in two stages. In the first stage, the DOE will accept
applications for refund from those claiming injury as a result of the
remedial order firms' violations of Federal petroleum pricing
regulations. If any funds remain after meritorious claims are paid in
the first stage, they will be used for indirect restitution through the
States in accordance with the provisions of the Petroleum Overcharge
Distribution and Restitution Act of 1986.
Refund Applications
Rochdale Village, Inc., 1/27/95, RF272-66448, RD272-66448
The DOE issued a Decision and Order granting a refund to Rochdale
Village, Inc., in the crude oil overcharge refund proceeding. Rochdale
Village operates an apartment complex in New York City. In granting a
refund, the DOE rejected an argument from a group of states and
territories that certain increases in New York City's rent control
guidelines adequately compensated Rochdale Village for crude oil
overcharges. The DOE also denied a Motion for Discovery submitted by
the group of states and territories.
Standard Oil Co. (Indiana)/Oklahoma, Belridge/Oklahoma, Palo Pinto/
Oklahoma, OKC/Oklahoma, Vickers/Oklahoma, Standard Oil Co. (Indiana)/
Oklahoma, 1/25/95, RM21-282, RM8-283, RM5-284, RM13-285, RM1-286,
RM251-287
The DOE issued a Decision and Order granting Motions for
Modification of previously-approved refund plans filed by the State of
Oklahoma in the Standard Oil Co. (Indiana) (Amoco I and II), Belridge
Oil, Palo Pinto Oil & Gas, OKC Corp., and Vickers Energy Corp. refund
proceedings. Oklahoma requested permission to use $45,000 in interest
from funds which the State originally received or other second-stage
refund proposals to install a compressed natural gas line between
Kingston, Oklahoma, and Lake Texoma State Park. The project will supply
natural gas service to residents and businesses in the surrounding area
as well as to the state park, and it is to serve as a pilot program for
other sites within the state. In accordance with prior Decisions that
have noted the benefits of encouraging the use of alternative fuels,
the DOE approved Oklahoma's Motions.
[[Page 21799]]
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/Carl's RF304-15464......... 01/23/95
Arco.
Atlantic Richfield Company/North RF304-13214......... 01/23/95
Market Arco et al.
Cedar Fair, L.P...................... RF272-93563......... 01/23/95
City of Broken Bow et al............. RF272-84910......... 01/27/95
Davis County Schools et al........... RF272-86678......... 01/25/95
Glendenning Motorways, Inc........... RF272-89025......... 01/23/95
Wag Enterprises, Inc................. RF272-89026......... ...........
Hawaiian Airlines, Inc............... RF272-98767......... 01/25/95
Eastern Air Lines, Inc............... RF272-98778......... ...........
Prairie Transportation, Inc.......... RF272-95099......... 01/27/95
Star Truck Rental Inc................ RF272-93462......... 01/25/95
Stoops Express....................... RF272-82514......... 01/25/95
Monkem Co., Inc...................... RF272-82515......... ...........
Texaco Inc./Atkins' 7-day Market..... RF321-18684......... 01/25/95
Stop & Shop.......................... RF321-18685......... ...........
Texaco Inc./Joe Dvornich Texaco et al RF321-20243......... 01/27/95
Texaco Inc./Skyline Texaco et al..... RF321-20646......... 01/27/95
Warner & Smith Motor Freight, Inc.... RF272-89454......... 01/27/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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Alpha Beta Company................................ RF321-20365
American Western Corp............................. RF321-20363
Austin Bridge & Road, Inc......................... RF272-93567
Braswell Sand & Gravel Co., Inc................... RF272-95002
Brooks Lumber Company............................. RF272-94277
Hamakua Sugar Company, Inc........................ RF321-20362
Kalama Chemical, Inc.............................. RF272-90203
Purity Dairies, Inc............................... RF272-97254
Singer Sewing Company............................. RF321-20360
Stephens Contracting.............................. RF272-95318
TFCO, Inc......................................... RF304-14616
Tiger Oil Co...................................... RF321-20500
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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 27, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-10903 Filed 5-2-95; 8:45 am]
BILLING CODE 6450-01-P
