[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Notices]
[Pages 43527-43528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21541]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
July 7 Through July 11, 1997
Office of Hearings and Appeals
During the week of July 7 through July 11, 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: August 6, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Department of Energy
Decision List No. 41, Week of July 7 Through July 11, 1997
Appeals
Mary J. Griffin Barnett, 7/8/97, VFA-0303
Mary J. Griffin Barnett filed an Appeal from a determination issued
to her by the Oak Ridge Operations Office. In her Appeal, Barnett
asserted that Oak Ridge failed to conduct an adequate search for
medical records requested pursuant to the FOIA. After reviewing the
matter, the DOE determined that Oak Ridge had performed an adequate
search. Consequently, Barnetts's Appeal was denied.
Pedro Aponte Vazquez, 7/11/97, VFA-0302
Pedro Aponte Vazquez filed an Appeal from a determination issued to
him by the Chicago Operations Office. In his Appeal, Aponte asserted
that the operations office failed to conduct an adequate search for
records related to total body irradiation experimentation conducted at
Memorial Hospital (predecessor to Memorial Sloan-Kettering Institute)
between 1945 and 1959. After reviewing the matter, the DOE determined
that an adequate search had been performed. Consequently, Aponte's
Appeal was denied.
Personnel Security Hearing
Personnel Security Hearing, 7/7/97, VSO-0109
A Hearing Officer issued an Opinion regarding the eligibility of an
individual to retain an access authorization. A drug test administered
to the respondent was positive for marijuana. The respondent alleged
that there must have been some problem with the drug test because he
had been taking a prescription medication at the time that contained
codeine which was not detected by the drug test. The Hearing Officer
found that the small amount of codeine in the medication might have
been below the
[[Page 43528]]
amount that the test could detect. Consequently, the respondent did not
demonstrate that the drug test was invalid. As the respondent offered
no evidence in mitigation of his drug use, the Hearing Officer found
that his access authorization should not be restored.
Interlocutory Order
EG&G Rocky Flats, Inc., 7/11/97, VWZ-0008
An OHA hearing officer issued a Decision and Order regarding a
Motion for Partial Dismissal and Limitation on Scope of Complainant's
Claims filed in a whistleblower proceeding under the provisions of 10
C.F.R. part 708. The hearing officer determined that DOE's
whistleblower regulations do not apply to reprisals that occurred
before April 2, 1992, the effective date of those regulations, and
consequently dismissed those portions of the complaint that concerned
those reprisals. The hearing officer specified, however, that protected
disclosures made before April 2, 1992, may have led to reprisals that
occurred after that date, and for that reason those disclosures are
relevant to the proceeding and evidence concerning them will be
received. The Motion to Dismiss was, therefore, granted in part.
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.
ARCH MINERAL CORP. ET AL................................. RG272-00503 7/8/97
CHICAGO MILWAUKEE CORPORATION............................ RF272-69326 7/8/97
CHICAGO MILWAUKEE CORPORATION............................ RD272-69326
GULF OIL CORPORATION/ASSOCIATED TRANSPORT................ RF300-13114 7/11/97
LYLE BREDENKAMP.......................................... RF272-15943 7/11/97
STAR MANUFACTURING CO.................................... RF272-57065
ST. JOSEPH CARE CENTER................................... RF272-98794
Dismissals
The following submissions were dismissed.
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Name Case No.
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A.W. STADLER, INC./DARLING INTRNTL........... RK272-4489
ANDERSON CLAYTON FOODS/AC HUMKO.............. RK272-4401
ASHY-HUTCHISON ENT., INC..................... RK272-4472
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[FR Doc. 97-21541 Filed 8-13-97; 8:45 am]
BILLING CODE 6450-01-P
