[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Notices]
[Pages 29343-29344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14167]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of May
5 Through May 9, 1997
During the week of May 5 through May 9, 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. 32
Appeals
Alfred G. Bell, 5/5/97, VFA-0286
Alfred G. Bell filed an Appeal from a determination issued to him
on March 24, 1997, by the Department of Energy's Oak Ridge Operations
Office (OR). That determination was issued in response to a request for
information submitted by Mr. Bell under the Freedom of Information Act.
The request sought a copy of an occurrence report completed as a result
of Mr. Bell being diagnosed with Chronic Beryllium Disease in
accordance with criteria outlined in DOE Order 5000.3B. OR conducted a
search of its files and located a report entitled ``Individual
Accident/Incident Report.'' However, this was not the document Mr. Bell
referred to in his request. The Appeal challenged the adequacy of the
search conducted by OR. In considering the Appeal, the DOE found that
OR conducted an adequate search which was reasonably calculated to
discover documents responsive to Mr. Bell's request. Accordingly, the
Appeal was denied.
Burns Concrete, Inc., 5/9/97, VFA-0284
DOE granted in part and denied in part an Appeal of withholding of
documents submitted by a third-party in connection with a construction
project at a DOE laboratory. DOE remanded the request for release of
non-exempt information.
John D. Kasprowicz, 5/9/97, VFA-0287
The Department of Energy (DOE) issued a Decision and Order (D&O)
denying a Freedom of Information Act (FOIA) Appeal that was filed by
John D. Kasprowicz. In his Appeal, Mr. Kasprowicz argued that the
Manager of the Chicago Operations Office improperly applied FOIA
Exemption 5 in withholding portions of a document. In the Decision, the
DOE upheld the Manager's determination, finding that the withheld
portions are exempt from mandatory disclosure under the deliberative
process and attorney work product privileges that are incorporated in
Exemption 5.
Request for Exception
W. Gordon Smith Company, 5/7/97, VEE-0037
W. Gordon Smith Company (Smith) filed an Application for Exception
from the Energy Information Administration (EIA) requirement that it
file Form EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum
Product Sales Report.'' Smith requested relief from the EIA reporting
requirement because it believed the requirement was unduly burdensome
to the company. In considering this request, the DOE found that the
burden placed upon Smith, due to the temporary unavailability of
personnel to complete the form, was greater than that encountered by
other firms required to complete Form EIA-782B. Accordingly,
[[Page 29344]]
Smith was granted temporary relief from its obligation to file Form
EIA-782B.
Refund Application
Wales Transportation, Inc., 5/7/97, RR272-291
Wales Transportation, Inc. filed a Motion for Reconsideration of
the denial of its Application for Refund in the Subpart V crude oil
overcharge refund proceeding. The Office of Hearings and Appeals denied
that application because the firm had filed a claim and waiver in the
Surface Transporter refund proceeding, thereby giving up its right to a
Subpart V refund. In reaching that conclusion, the OHA rejected Wales'
contention that the filing of the ST claim and waiver were
unauthorized. In the Motion for Reconsideration, Wales asked the OHA to
reconsider its determination with respect to the authorization issue.
In reviewing the Motion, the OHA noted that it is the burden of the
applicant to substantiate that it is entitled to a refund. The OHA
found that Wales had failed to submit any new information to
corroborate its contention that the filing of the claim and waiver were
unauthorized. Accordingly, the Motion 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.
C.A. MEYER PAVING & CONST................................ RG272-00904 5/5/97
ARLINGTON SALVAGE & WECKER CO............................ RR272-00289
ATLAS ASPHALT, INC....................................... RG272-00911
C.W. POSS, INC........................................... RG272-00921
CENTRAL NEBRASKA COOPERATIVE............................. RF272-93809 5/7/97
CORNWALL INDUSTRIES, INC. ET AL.......................... RF272-98604 5/6/97
DANIEL GUNTER AND LOIS GUNTER............................ RK272-3145 5/7/97
EUGENE REZABEK........................................... RJ272-43 5/9/97
FIRST DISTRICT ASSOCIATION............................... RG272-699 5/9/97
GULF OIL CORPORATION/GOODHUE LUMBER CO., INC............. RF300-21838 5/7/97
GULF OIL CORPORATION/JEANE'S GULF SERVICE................ RF300-21837 5/5/97
JAUNTY TEXT DIV OF ADVANCED TEXTILE CO................... RK272-03583 5/5/97
KING GEORGE CNTY PUB SCHLS ET AL......................... RF272-96303 5/5/97
Dismissals
The following submissions were dismissed:
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Name Case No.
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ARMCO, INC................................... RG272-528
O'CONNOR & YOUNG DRILLING COMPANY............ RG272-16
PERSONNEL SECURITY HEARING................... VSO-0149
TABLE ROCK ASPHALT CONSTRUCTION CO........... RG272-751
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[FR Doc. 97-14167 Filed 5-29-97; 8:45 am]
BILLING CODE 6450-01-P
