[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)]
[Notices]
[Pages 24650-24651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11731]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
March 17 Through March 21, 1997
During the week of March 17 through March 21, 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 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. Some decisions and orders are
available on the Office of Hearings and Appeals World Wide Web site at
http://www.oha.doe.gov.
Dated: April 28, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 25
Week of March 17 Through March 21, 1997
Appeals
J. Richard Quirk, 3/19/97, VFA-0266
The DOE granted a Freedom of Information Act (FOIA) Appeal filed by
J. Richard Quirk. The DOE remanded the request to the Savannah River
Operations Office with instructions to conduct a new expanded search
for responsive documents and to issue a new determination.
Niagara Mohawk Power Corp., 3/17/97, VEA-0004
The Niagara Mohawk Power Corporation (Niagara) filed an Appeal from
a determination issued to it by the Office of Environmental Management
(OEM). Niagara asserted that the OEM erroneously determined its
liability for payment into the Uranium Enrichment Decontamination and
Decommissioning Fund established under the Energy Policy Act of 1992.
The Office of Hearings and Appeals found that the OEM properly
determined Niagara's Special Assessment. Accordingly, Niagara's Appeal
was denied
Personnel Security Hearings
Personnel Security Hearing, 3/21/97, VSO-0120
An Office of Hearings and Appeals Hearing Officer issued an opinion
under 10 CFR Part 710 concerning the continued eligibility of an
individual for access authorization. The Hearing Officer found that the
individual has been a user of alcohol habitually to excess and has been
diagnosed by a practicing psychiatrist as suffering from alcohol abuse,
and has an illness or mental condition, which, in the opinion of that
psychiatrist, causes or may cause a significant defect in judgment or
reliability. The Hearing Officer further found that the individual
failed to present sufficient evidence of rehabilitation, reformation or
other factors to mitigate the derogatory information. Specifically, the
Hearing Officer found that there was a significant risk that the
individual might resume drinking since his asserted abstinence from
alcohol was for less than a year and he had not fully accepted the
Alcoholics Anonymous program. Accordingly, the Hearing Officer
recommended that the individual's access authorization not be restored.
Personnel Security Hearing, 3/21/97, VSO-0124
An Office of Hearings and Appeals Hearing Officer issued an opinion
addressing the eligibility of an individual for access authorization
under the provisions of 10 CFR Part 710. The Hearing Officer found that
the DOE Office had presented sufficient evidence to show that the
individual: (i) Had been diagnosed as polysubstance dependent and
continued to have an alcohol-related disorder, and (ii) has engaged in
conduct or which tends to show that he is not reliable and trustworthy.
The
[[Page 24651]]
Hearing Officer also found that the individual had not shown he was
rehabilitated or presented evidence which mitigated the security
concerns of the DOE. Accordingly, the Hearing Officer recommended that
the individual be denied an access authorization.
Request for Exception
Rice Oil Company, 3/21/97, VEE-0035
Rice Oil Company (Rice) filed an Application for Exception asking
that it be relieved of the requirement of filing Form EIA-782B,
entitled ``Resellers/Retailers' Monthly Petroleum Products Sales
Report'' and Form EIA-821, entitled ``Annual Fuel Oil and Kerosene
Sales Report.'' The DOE found that exception relief was not warranted
because Rice was not experiencing a special hardship, inequity or
unfair distribution of burdens as a result of the requirement that it
file the Forms. Consequently, the DOE denied the Application for
Exception.
Refund Application
Wales Transportation, Ed McCormick, John Burkhart, Richard Cook, 3/18/
97, RF272-97064, RF272-97065, RG272-1050, RG272-1051
The Department of Energy considered Applications for Refund filed
in the Subpart V crude oil refund proceeding by Wales Transportation,
Ed McCormick, John Burkhart and Richard Cook. The applications of the
individuals were based on the purchases of petroleum products made by
their trucking firm, C.A. White Trucking Company. The DOE found that
the Wales application should be denied because the firm had given up
its right to a Subpart V crude oil overcharge refund by filing a waiver
in the Surface Transporters refund proceeding. The DOE further found
that the three individuals should receive a refund for White's
purchases, divided according to their respective ownership shares.
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.
Carol Management Corporation............................. RF272-74782 3/21/97
Carol Management Corporation............................. RD272-74782
Gerald Wright............................................ RJ272-40 3/21/97
H.E. Butt Grocery Co..................................... RF272-98776 3/21/97
Crowley Maritime Corp.................................... RF272-98784
Margaret M. Thomsen, et al............................... RK272-03032 3/17/97
S.C. Johnson & Son, Inc.................................. RR272-00150 3/21/97
Toys ``R'' Us, Inc., et al............................... RK272-02030 3/21/97
Tupper Lake Central Schl Dist, et al..................... RF272-95314 3/18/97
Valley Camp Coal Company................................. RF272-86827 3/21/97
Vermont Depart. of Public Safety......................... RF272-97149 3/17/97
Vessels Gas Processing Co./Gas Engineering & Equip. Co... RF354-00007 3/17/97
Wales Transportation, Inc................................ RF272-97064 3/18/97
John Burkhart............................................ RG272-1050
Richard Cook............................................. RG272-1051
Ed McCormick............................................. RF272-97065
Western Industries Holding Corp., et al.................. RK272-4091 3/21/97
Dismissals
The following submissions were dismissed.
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Name Case No.
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American Blackline Coatings.................. RG272-1
American Steel & Aluminum Corp............... RG272-858
Bounds Oil Company........................... RF300-21836
Bruckerhoff Elevator/Sharon Walter........... RK272-4176
Cairo Elevator............................... RG272-26
Cecil I. Walker Machinery Co................. RG272-128
Charlotte School Dept........................ RF272-81158
Delran Township.............................. RG272-137
Eastport School Dept......................... RF272-81159
Nationwide Moving & Storage Co............... RG272-142
Pembroke School Dept......................... RF272-81157
Personnel Security Hearing................... VSO-0135
Schafer Oil Company.......................... VEE-0038
Spring Lake Public School Dist............... RF272-80701
Towne Bus Corp............................... RF272-98734
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[FR Doc. 97-11731 Filed 5-5-97; 8:45 am]
BILLING CODE 6450-01-P
