[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Notices]
[Pages 31988-31989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15568]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
February 2 Through February 6, 1998
During the week of February 2 through February 6, 1998, 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, 950
L'Enfant Plaza, SW, Washington, D.C., Monday through Friday, 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: June 2, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 71, Week of February 2 Through February 6, 1998
Appeals
Hanford Education Action League, 2/2/98, VFA-0217
Hanford Education Action League appealed a denial by the Richland
Operations Office of a request for information that it filed under the
Freedom of Information Act (FOIA). Because the withheld information was
identified as classified under the Atomic Energy Act, the DOE withheld
it under Exemption 3. The DOE determined on appeal that the information
was no longer classified and released an unredacted version.
Accordingly, the Appeal was granted.
The Oregonian, 2/3/98, VFA-0368
The Department of Energy granted a Freedom of Information Act
(FOIA) Appeal filed by the Oregonian of a determination issued by the
Bonneville Power Administration (BPA) that documents relating to
litigation expenses were exempt from mandatory disclosure pursuant to
the attorney work product and attorney-client privileges encompassed by
Exemption 5. The DOE found that the documents contained some
information that was properly withheld, but that information relating
to travel, copying, courier and shipping expenses was improperly
withheld. The DOE remanded this matter to the BPA for further review
and for the segregation and release of non-exempt material.
Personnel Security Hearing
Personnel Security Hearing, 2/6/98, VSO-0181
A Hearing Officer issued an Opinion regarding the eligibility of an
individual to maintain access authorization. The Hearing Officer found
that the individual had been appropriately diagnosed with a mental
illness affecting his judgment and reliability and was habitually using
alcohol to excess. Accordingly, the Hearing Officer recommended that
the individual's access authorization not be restored.
Refund Application
Primerica Corporation, 2/6/98, RR272-00300, RR272-00301, RF265-02888
The DOE denied reconsideration of Primerica Corp., 26 DOE para.
85,050 (1997), which determined that Primerica was not entitled to a
refund for the American Can Company business or for American Can's
interest in Chemplex. In considering Primerica's request for
reconsideration, the DOE determined that American Can (i) transferred
the can business assets, including the right to the refund, to a third
party, and (ii) did not retain the right to the refund for Chemplex
when it sold to a third party the stock of the American Can subsidiary
which owned Chemplex. Finally, the DOE determined a refund granted to
Primerica in the Getty Oil Company refund proceeding should be
rescinded.
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.
ALABAMA HIDE TALLOW CO. ET AL............................ RF272-94128 2/6/98
ATLANTIC RICHFIELD CO./JOPPA FOOD STORE ET AL............ RF304-14124 2/6/98
CRUDE OIL SUPPLE REF DIST................................ RB272-00132 2/2/98
GULF OIL CORPORATION/G.J. FOOD CENTER INC................ RF300-13634 2/3/98
JOHN DEHNER, INC ET AL................................... RK272-03539 2/6/98
WARREN LYONS ET AL....................................... RK272-1980 2/6/98
Dismissals
The following submissions were dismissed.
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Name Case No.
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BUCKNELL UNIVERSITY.......................... RF272-95320
HOWARD TRUCKING CO., INC..................... RF272-95284
[[Page 31989]]
LINDEMANN PRODUCE, INC....................... RK272-04643
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[FR Doc. 98-15568 Filed 6-10-98; 8:45 am]
BILLING CODE 6450-01-P
