[Federal Register Volume 63, Number 144 (Tuesday, July 28, 1998)]
[Notices]
[Page 40271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20126]
[[Page 40271]]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals During the Week of June 22 Through June 26, 1998
During the week of June 22 through June 26, 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.
Date: July 20, 1998.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 91
Appeals
Michael J. Ravnitzky, 6/22/98 VFA-0188
Michael J. Ravnitzky filed an Appeal from a denial by the
Albuquerque Operations Office of a request for information that he
filed under the Freedom of Information Act (FOIA). Because the withheld
information was identified as classified and Unclassified Controlled
Nuclear Information (UCNI) under the Atomic Energy Act, Albuquerque
withheld it at the direction of the Office of Declassification under
Exemption 3 of the FOIA. In considering the information that was
withheld, the DOE determined on appeal that a small portion of the
document must continue to be withheld as classified information under
Exemption 3, but the remainder, including the information previously
withheld as UCNI, could be released. Accordingly, the Appeal was
granted in part and a newly redaction version of the requested
information was ordered to be released.
Personnel Security Hearing
Personnel Security Hearing, 6/25/98 VSO-0199
An OHA Hearing Officer issued an Opinion regarding the eligibility
of an individual to be granted access authorization under the
provisions of 10 CFR Part 710. After considering the testimony
presented at the hearing and the record, the Hearing Officer first
found that the individual has a mental condition which causes or may
cause a significant defect in her judgment or reliability. This finding
was based on the DOE consultant psychiatrist's diagnosis of borderline
personality disorder. However, the Hearing Officer found that the DOE
consultant psychiatrist's diagnosis of cannabis abuse was not well-
founded and that the individual's attention deficit disorder was not
causing and would not cause a significant defect in her judgment or
reliability. The Hearing Officer also found that the individual's two
suicide attempts, arrests for negligent use of a firearm and violation
of a restraining order, and her one-time use of marijuana demonstrated
that she had engaged in unusual conduct or to have been subject to
circumstances which tend to show that she was not honest, reliable, or
trustworthy; or which furnished reason to believe that she may be
subject to pressure, coercion, exploitation, or duress which may cause
her to act contrary to the best interests of the national security.
Accordingly, the Hearing Officer recommended that the individual not be
granted access authorization.
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.
Brewster Central School et al........................... RF272-95345 6/26/98
Crude Oil Supplemental Dist............................. RB272-00137 6/22/98
Walter L. Burnham et al................................. RK272-04784 6/22/98
Dismissals
The following submissions were dismissed.
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Name Case No.
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Personnel Security Hearing................... VSO-0212.
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[FR Doc. 98-20126 Filed 7-27-98; 8:45 am]
BILLING CODE 6450-01-P
