[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Notices]
[Pages 43526-43527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21539]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
June 30 Through July 4, 1997
During the week of June 30 through July 4, 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 this decision and order are available in
the Public Reference Room of the Office of Hearings and Appeals, Room
1E-234, Forrestal Building, 1000 Independence Avenue, S.W., Washington,
D.C. 20585-0107, Monday through Friday, between the hours of 1:00 p.m.
and 5:00 p.m., except federal holidays. The decision is also available
in Energy Management: Federal Energy Guidelines, a commercially
published loose leaf reporter system and on the Office of Hearings and
Appeals World Wide Web site at http://www.oha.doe.gov.
Dated: August 6, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 40
Week of June 30 Through July 4, 1997
Appeals
Information Focus on Energy, 7/3/97, VFA-0300
The Department of Energy (DOE) issued a Decision and Order (D&O)
granting in part a Freedom of Information Act (FOIA) Appeal that was
filed by Information Focus on Energy (IFOE). In its Appeal, IFOE
requested that the DOE review a fee waiver determination issued by the
FOIA Officer at the Ohio Field Office. In that determination, the
Officer found that IFOE was a ``commercial use'' requester for purposes
of assessing fees, and that the fee waiver request should be denied
because IFOE's commercial interests outweighed the public interest in
release of the requested material. In the Decision, the DOE found that
IFOE should be classified as a ``representative of the news media'' for
fee determination purposes. The DOE further concluded that because the
commercial interest of a news media requester cannot be taken into
account in fee waiver decisions, the Officer's determination cannot be
upheld. The DOE therefore remanded the matter to the Ohio Field Office
for a new waiver determination.
[[Page 43527]]
International Brotherhood of Electrical Workers, 6/30/97, VFA-0299
The International Brotherhood of Electrical Workers (IBEW) filed an
Appeal from a determination issued to it on April 28, 1997, by the
Savannah River Operations Office (SR) of the Department of Energy
(DOE). That determination was issued in response to a request for
information submitted by IBEW under the Freedom of Information Act. The
request sought material regarding union-related activities at SR. SR
issued two determinations regarding this request on October 10, 1996,
and November 8, 1996, and IBEW appealed SR's final responses to the
Office of Hearings and Appeals (OHA) on December 12, 1996. In those
determinations, SR partially granted IBEW's request for information and
released numerous documents responsive to IBEW's request. On Appeal,
IBEW clarified its initial request and OHA remanded the clarified
request back to SR for a further search for responsive documents. SR
issued a determination which stated that it conducted a search of its
files and found no additional documents responsive to IBEW's clarified
request. This Appeal challenged the adequacy of the search conducted by
SR. In considering the Appeal, the DOE found that SR conducted an
adequate search which was reasonably calculated to discover documents
responsive to IBEW's request. Accordingly, the Appeal was denied.
Personnel Security Hearing
Personnel Security Hearing, 7/3/97, VSO-0133
A Hearing Officer found that an individual had not successfully
mitigated security concerns arising from his pattern of irresponsible
behavior that tended to show that the individual was not honest,
reliable, and trustworthy. Accordingly, the Hearing Officer recommended
in the Opinion that the individual's access authorization not be
restored.
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.
F. HURLBUT CO. LIQUIDATING PAR, ET AL.................... RK272-03407 6/30/97
LOIS A. SKALLERUD, ET AL................................. RK272-1967 7/2/97
RANDY CAPE, ET AL........................................ RK272-04185 7/2/97
REGAL MARINE, INC,....................................... RG272-608 6/30/97
Dismissals
The following submissions were dismissed.
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Name Case No.
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DIAMOND SHAMROCK, INC........................ RF340-00150
ELITE AMBULANCE & MEDICAL COACH.............. RK272-04490
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[FR Doc. 97-21539 Filed 8-13-97; 8:45 am]
BILLING CODE 6450-01-P
