[Federal Register Volume 62, Number 131 (Wednesday, July 9, 1997)]
[Notices]
[Pages 36803-36804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17893]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals
Week of June 9 Through June 13, 1997
During the week of June 9 through June 13, 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: July 1, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
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DEPARTMENT OF ENERGY
DEPARTMENT OF ENERGY
Office of Hearings and Appeals
[Decision List No. 37]
Appeals
Information Focus on Energy, Inc., 6/12/97, VFA-0295
The DOE issued a Decision and Order denying a Freedom of
Information Act (FOIA) Appeal that was filed by Information Focus on
Energy (IFOE). In its Appeal, IFOE sought access to information that
was withheld by the DOE's Office of General Counsel pursuant to the
attorney work product privilege of Exemption 5. The withheld
information consisted of the amounts of settlements negotiated in
lawsuits involving DOE contractors. The DOE determined that this
information was properly withheld under Exemption 5, and that release
of the information was not in the public interest.
Sandra Clayton, 6/13/97, VFA-0289
The DOE denied a Freedom of Information Act (FOIA) Appeal filed by
Sandra Clayton. Clayton sought information concerning an investigation
of sexual harassment allegedly conducted at the Western Area Power
Administration (WAPA). The DOE found that WAPA's use of the Glomar
response, neither confirming or denying the existence of relevant
material, was appropriate under FOIA Exemption 6. The DOE found no
overriding public interest in disclosure, and further concluded that
the release of any information would constitute a clearly unwarranted
invasion of the personal privacy of anyone allegedly involved.
Accordingly, the Appeal was denied.
Personnel Security Hearing
Personnel Security Hearing, 6/10/97, VSO-0132
A Hearing Officer issued an Opinion regarding the eligibility of an
individual for access authorization under the provisions of 10 CFR Part
710. After considering the record, the Hearing Officer found that the
individual had demonstrated financial irresponsibility for
approximately 12 years and that this conduct, as specified by 10 CFR
Sec. 710.8(l) (Criterion L), indicated that the individual (i) may not
be honest, reliable or trustworthy or (ii) may be subject to pressure,
coercion, exploitation or duress.
At the hearing, the individual presented some evidence that in the
past 6 months he had changed the manner in which he had handled his
financial affairs. However, the Hearing Officer concluded that the
individual had not presented evidence sufficient to conclude that the
individual had reformed his conduct regarding his
[[Page 36804]]
financial affairs. Accordingly, the Hearing Officer recommended that
the individual's access authorization not be restored.
Refund Application
Eason Oil Company/Presidio Exploration, Inc., 6/11/97, RF352-9
The DOE granted an application for refund submitted by Presidio
Exploration, Inc. (Presidio) in the Eason Oil Company (Eason) special
refund proceeding, based on purchases by Home Petroleum Company (Home).
Home was a reseller that purchased truck load lots of butane and
propane from Eason, its base period supplier. The DOE concluded that
Home's butane and propane purchases from Eason probably were not
discretionary in nature, but were dictated by Home's requirements for
supplying its regular customers. The DOE granted Presidio a full
volumetric refund for Home's butane purchases, based on a competitive
disadvantage analysis using imputed butane prices drawn from regional
propane prices. The DOE limited Presidio's refund for Home's propane
purchases from Eason to $5,776, Home's total gross excess cost for
these purchases. Accordingly, the DOE granted Presidio a total refund,
including interest, of $44,037.
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.
Frank's Burner Service, Inc.............................. RF272-57472 6/13/97
Gulf Oil Corporation/O.M. Johnson Gulf................... RF300-16900 6/10/97
A.W. Strout, Inc......................................... RF300-16923 ..............
Hendries, Inc............................................ RF300-21657 ..............
Inland Transport Co...................................... RF300-18794 ..............
Hagglunds Denison Corp./MacGregor........................ RK272-04088 6/10/97
Luckey Farmers, Inc...................................... RG272-75 6/10/97
Finland Cooperative Co................................... RG272-654 ..............
Florence Cnty Coop....................................... RR272-290 ..............
Lydall, Inc.............................................. RF272-18674 6/13/97
M & S Transport, Inc..................................... RF272-57209 6/11/97
Patsy K. Manning et al................................... RK272-01476 6/11/97
Robert Sellhorst......................................... RF272-15100 6/13/97
Sanitary Dairy of Sleepy Eye et al....................... RK272-04247 6/13/97
Stone Container Corporation.............................. RK272-04304 6/13/97
Tate Logistics, Inc...................................... RK272-01868 6/13/97
W.R. Grace & Co.......................................... RG272-793 6/13/97
White Heavy Haulers, Inc................................. RG272-606 6/11/97
Dismissals
The following submissions were dismissed.
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Name Case No.
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Cherry Hill Processing, Inc.................. RK272-3739
County of Bergen............................. RG272-00536
Hennenpin Co-op Seed Exchange................ RK272-03403
Leckie Smokeless Coal Co..................... RK272-03367
Ranger Truck Lines, Inc...................... RF272-76441
Roderick L. Ott.............................. VFA-0296
Schrof Oil Company........................... RF300-20195
Valley Steel Products Co..................... RK272-3732
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[FR Doc. 97-17893 Filed 7-8-97; 8:45 am]
BILLING CODE 6450-01-P
