[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Notices]
[Pages 44472-44473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22187]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
July 21 Through July 25, 1997
During the week of July 21 through July 25, 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 14, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
DECISION LIST NO. 43
Appeals
Barton J. Bernstein, 7/21/97, VFA-0117
Barton J. Berstein 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 under the Atomic Energy Act, the DOE withheld
it under Exemption 3 of the FOIA. In considering the information that
was withheld, the DOE determined on appeal that the majority of the
information must continue to be withheld under Exemption 3. However,
more precise redaction permitted the DOE to release a portion of the
previously withheld material. Accordingly, the Appeal was granted in
part.
Nevada Indian Environmental Coalition, 7/21/97, VFA-0303
The Nevada Indian Environmental Coalition (NIEC) filed an Appeal
from a determination issued to it by the Director of the Office of the
Executive Secretariat (Director) of the Department of Energy (DOE). In
its Appeal, NIEC asserted that the Director failed to conduct an
adequate search for documents, which were requested pursuant to the
FOIA. The documents pertained to the transportation of spent nuclear
fuel from foreign sources across the northern part of Nevada. After
reviewing the search that was conducted, the DOE determined that
additional responsive documents may exist which were not provided to
NIEC. Consequently, NIEC's Appeal was granted.
Personnel Security Hearing
Personnel Security Hearing, 7/25/97, VSO-0138
A Hearing Officer recommended that access authorization be restored
to an individual whose access was suspended when he entered a plea of
no contest to a charge of having unlawful sexual intercourse with a
minor. At the hearing, the individual brought forward testimony from a
number of witnesses showing that he had not engaged in sexual
intercourse with the underage complainant and had entered a plea of no
contest to avoid the risks and burdens of a criminal trial.
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.
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Name Case no. Date
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Garuda Indonesia Airways.................. RA272-77......... 7/24/97
Gulf Oil Corporation/Cox Brothers et al... RF300-13404...... 7/24/97
Gulf Oil Corporation/Phillips Gulf Service RF300-20137...... 7/22/97
Lembke Construction Co., Inc. et al....... RK272-04477...... 7/25/97
Polish Ocean Lines et al.................. RG272-195........ 7/21/97
Robert Defilippis et al................... RK272-2000....... 7/25/97
The Byerlite Company...................... RF272-97060...... 7/25/97
West Penn Power Company................... RG272-633........ 7/22/97
Wion Sales and Service.................... RK272-040........ 7/24/97
Wion Sales and Service.................... RC272-00365...... .........
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Dismissals
The following submissions were dismissed.
[[Page 44473]]
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Name Case No.
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Buckeye Village Market, Inc.................. RF272-98782
Dealers Transit, Inc......................... RF272-98679
Linden Butane................................ RF300-18415
Linden Butane................................ RF300-18790
National Applicators, Inc.................... RK272-04463
The Times-News............................... VFA-0305
Wales Transportation, Inc.................... RR272-00296
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[FR Doc. 97-22187 Filed 8-20-97; 8:45 am]
BILLING CODE 6450-01-U
