[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Notices]
[Pages 29342-29343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14166]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
April 28 Through May 2, 1997
During the week of April 28 through May 2, 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 21, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 31
Personnel Security Hearings
Personnel Security Hearing, 4/30/97, VSO-0121
An Office of Hearings and Appeals Hearing Officer issued an opinion
regarding the eligibility of an individual employed by a contractor at
a DOE facility to maintain an access authorization under the provisions
of 10 C.F.R. Part 710. The individual's access authorization had been
suspended because the individual had used crack cocaine extensively
over a seven year period, drank alcohol to the point of abuse, and
falsified information on a Questionnaire for Sensitive Positions. The
Hearing Officer found that the individual failed to present any
evidence to mitigate the concerns raised by the DOE with respect to the
individual's drug use, alcohol abuse, and falsification. The Hearing
Officer also opined that the individual had not presented any
mitigating evidence to demonstrate he had not engaged in conduct that
tends to show he is not honest, reliable, or trustworthy. Accordingly,
the Hearing Officer recommended that the individual's access
authorization not be restored.
Personnel Security Hearing, 5/1/97, VSO-0126
An OHA Hearing Officer issued an Opinion regarding the eligibility
of an individual to maintain his access authorization under the
provisions of 10 C.F.R. Part 710. After considering the testimony
presented at the hearing and the record, the Hearing Officer found that
the individual used an illegal drug, cocaine, deliberately provided
false information to DOE Security Officials, and violated his DOE Drug
Certification. These findings were based on the individual's positive
drug test. Accordingly, the Hearing Officer recommended that the
individual's access authorization not be restored.
Personnel Security Hearing, 5/2/97, VSO-0122
A Hearing Officer issued an Opinion regarding the eligibility of an
individual to maintain an access authorization under the provisions of
10 C.F.R. Part 710. The respondent was alleged to be unreliable based
upon his frequent misuse over a period of three years of his office
computer to view adult material on the internet. A psychiatrist
testified that the individual felt compelled to view adult material in
part because of marital stresses. Since the respondent lost his job
three years ago as a result of this activity, he and his wife have
resolved the most serious of their marital problems. Consequently, the
motivating force behind his conduct has been removed. In addition, he
has been open with his coworkers about what he did and its consequences
and has admonished them to avoid misusing office equipment. Under these
circumstances, the Hearing Officer found that the respondent should be
granted an access authorization.
Supplemental Order
Benton County, Washington, Office of Civilian Radioactive Waste
Management, 4/30/97, VPX-0011
The Office of Hearings and Appeals (OHA) issued a Supplemental
Order adopting the Joint Stipulation filed on April 30, 1997 by Benton
County, Washington and the Department of Energy, through its Office of
Civilian Radioactive Waste Management. The Stipulation embodies the
parties' agreement to settle any and all disputes
[[Page 29343]]
concerning DOE's liability to Benton County for ``payments-equal-to-
taxes'' (PETT) under the Nuclear Waste Policy Act of 1982, as amended
(NWPA). The Supplemental Order and the incorporated Stipulation shall
have the same force and effect as if the Order had been entered without
a Stipulation and after a hearing in this matter. Since this matter has
been settled by the Stipulation, the appeal previously filed by Benton
County on November 4, 1993, OHA Case No. LPA-0001, was dismissed with
prejudice.
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.
AIR SIAM NO. 1........................................... RG272-609 5/1/97
AIR SIAM NO. 2........................................... RG272-610
APEX OIL CO/CLARK OIL CO/ET AL/NGL SUPPLY, INC........... RF342-305 4/30/97
MRS. CARL SCHROEDER JR. ET AL............................ RK272-01402 4/28/97
SOUTHWEST RESEARCH INSTITUTE ET AL....................... RF272-98706 5/1/97
TIMBOCS SERVICE STATION.................................. RK272-3350 4/30/97
YANGMING MARINE TRANSPORT................................ RG272-413 5/1/97
Dismissals
The following submissions were dismissed:
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Name Case No.
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CATOOSA COUNTY............................... RF272-98779
HIGHTOWERS APTS./PEABODY CORP................ RK272-03825
MAIERS MOTOR FREIGHT......................... RK272-04121
MATERIALS TRANSPORT SERVICE.................. RK272-03659
PERSONNEL SECURITY HEARING................... VSO-0144
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[FR Doc. 97-14166 Filed 5-29-97; 8:45 am]
BILLING CODE 6450-01-P
