[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20694]
[[Page Unknown]]
[Federal Register: August 23, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Issuance of Decisions and Orders; Week of May 9 through May 13,
1994
Office of Hearings and Appeals
During the week of May 9 through May 13, 1994 the decisions and
orders summarized below were issued with respect to appeals and
applications for exception or other relief 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.
Appeal
Morrison & Foerster, 5/12/94 LFA-0366
Morrison & Foerster filed an Appeal from a partial denial by the
DOE of a Request for Information which the firm had submitted under the
Freedom of Information Act (FOIA). In considering the Appeal, the DOE
found that the FOIA Exemption 6 was properly invoked to withhold the
names of test subjects of human radiation experiments. In reaching this
conclusion, the DOE found that: (i) there is a significant privacy
interest in the identity of individuals, (ii) there is little or no
public interest in knowing the names of the test subjects, (iii) the
death of test subjects does not extinguish all privacy interests in
their identities. The Appeal was therefore denied.
Requests for Exception
Ed F. Hodges, Inc., 5/10/94 LEE-0056
Ed F. Hodges, Inc., (Hodges) filed an Application for Exception
from the Energy Information Administration (EIA) requirement that it
file Form EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum
Product Sales Report.'' In considering this request, the DOE found that
the firm was not suffering a gross inequity or serious hardship as a
result of the filing requirement and, on March 30, 1994, issued a
Proposed Decision and Order determining that the exception request
should be denied. No Notice of Objection to the Proposed Decision and
Order was filed at the Office of Hearings and Appeals of the DOE within
the prescribed time period. Therefore, the DOE issued a final Decision
and Order, denying Hodges' Application for Exception.
Refund Applications
Atlantic Richfield Company/B&P Motor Express, Inc. , 5/11/94 RR304-67
LK, Inc. (LK) filed a Motion for Reconsideration of a Decision and
Order that denied its Application for Refund in the Arco refund
proceeding with respect to purchases made by B & P Motor Express, Inc.
(B & P), a bankrupt firm. In considering the motion, the DOE determined
that LK did not present any compelling reason to reconsider the earlier
decision. Specifically, the DOE found that the assignment of B & P's
right to a refund to LK in the course of the bankruptcy proceeding did
not expressly convey the right to apply for a product refund in the
Arco proceeding. The DOE further found that the contract--in this case
the assignment--specified what was to be included for consideration;
therefore, all things not so specified should be excluded. Accordingly,
LK's motion was denied.
Texaco Inc./Capitol Oil Company, 5/12/94 RF321-16898
The DOE issued a Decision and Order concerning an Application for
Refund filed by Capitol Oil Company (Capitol) in the Texaco Inc.
Subpart V special refund proceeding. The application claimed that
Capitol was injured by Texaco's alleged violations of both the price
and allocation regulations in effect during the consent order period.
Capitol was granted a refund of $53,048 plus interest based on an
allocation supply shortfall of 1,426,268 gallons of motor gasoline that
Texaco wrongfully failed to supply Capitol and that Capitol was unable
to replace with purchases from other suppliers. This refund was
calculated using Capitol's gross profit margins during the period of
the supply shortfall. The allocation portion of the refund was prorated
to reflect the fact that the Texaco consent order is a negotiated
compromise of the issues and liability involved in the enforcement
proceedings against Texaco. Capitol also received a refund of $10,000
plus interest for its purchases of 10,786,009 gallons of refined
petroleum products from Texaco based on the mid-range presumption of
injury for pricing violation claimants. Therefore, the total refund
granted to Capitol for both its allocation and price claims is $87,927,
representing $63,048 principal plus $24,879 interest.
Lorenz Petroleum, Inc., 5/11/94 LEE-0092
Lorenz Petroleum, Inc. (Lorenz) filed an Application for Exception
from the Energy Information Administration (EIA) requirement that it
file Form EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum
Product Sales Report.'' In considering the request, the DOE found that
the firm was suffering a gross inequity because of the medical
condition of the owner. Accordingly, on March 21, 1994, the DOE issued
a Proposed Decision and Order determining that the exception request
should be granted in part and that Lorenz should be exempt from filing
Form EIA-782B for two years. Since a Notice of Objection was not filed,
this Decision and Order was issued in final form.
New Dixie Oil Corporation, 5/10/94 LEE-0074
New Dixie Oil Corporation (New Dixie) filed an Application for
Exception from the provisions of the Energy Information Administration
(EIA) reporting requirements in which the firm sought relief from
filing Form EIA-782B, entitled ``Resellers'/Retailers' Monthly
Petroleum Product Sales Report.'' The DOE determined that New Dixie did
not meet the standards for exception relief because it was not
experiencing a serious hardship or gross inequity as a result of the
reporting requirements. Accordingly, exception relief was denied.
Paul Fisher Oil Co., Inc., 5/11/94 LEE-0091
Paul Fisher Oil Co., Inc. (Fisher) filed an Application for
Exception from the provisions of the Energy Information Administration
(EIA) reporting requirements in which the firm sought relief from
filing Form EIA-782B, the ``Reseller/Retailers' Monthly Petroleum
Product Sales Report.'' In considering the request, the DOE found that
Fisher was not experiencing a serious hardship or gross inequity as a
result of the reporting requirements. Accordingly, exception relief was
denied.
R.V. Ratts Inc., 5/10/94 LEE-0082
R.V. Ratts, Inc. filed an Application for Exception from the Energy
Information Administration (EIA) requirement that it file Form EIA-23,
the ``Annual Survey of Domestic Oil and Gas Reserves.'' In considering
this request, the DOE found that the firm was not suffering a gross
inequity or serious hardship. Accordingly, exception relief was denied.
Winn's Gas & Oil, 5/10/94 LEE-0078
Winn's Gas & Oil filed an Application for Exception from the Energy
Information Administration (EIA) requirement that it file Form EIA-
782B, the ``Resellers'/Retailers' Monthly Petroleum Product Sales
Report.'' In considering this request, the DOE found that the firm was
not suffering a gross inequity or serious hardship. On March 24, 1994,
the DOE issued a Proposed Decision and Order determining that the
exeption request should be denied. No Notice of Objection to the
Proposed Decision and Order was filed at the Office of Hearings and
Appels of the DOE within the prescribed time period. Therefore, the DOE
issued the Proposed Decision and Order in final form.
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.
Acetylene Supply Company............... RF272-85852 05/11/94
Atlantic Richfield Company/Leon's Arco. RF304-14595 05/11/94
Atlantic Richfield Company/Zan's Arco RF304-15015 05/12/94
et al.
Beacon Oil Company/Baker's Service..... RF238-152 05/10/94
Beacon Oil Company/Rick French et al... RF238-96 05/10/94
Beacon Oil Company/Valley Oil RR238-5 05/10/94
Distributing Co.
Commercial Electric Motors, Inc. et al. RF272-94411 05/12/94
Gulf Oil Corp./Jaxon Petroleum, Ltd.... RF300-14652 05/10/94
Gulf Oil Corp./Lar-Lin, Inc............ RF300-20459 05/09/94
Gulf Oil Corp./Stillwater Associates... RF300-18641 05/12/94
Gulf Oil Corp./Wood Gulf et al......... RF300-20720 05/09/94
Jensen Transport, Inc. et al........... RF272-92104 05/12/94
Sonoco Products Company................ RF272-66546 05/11/94
Texaco Inc./Bi-Rite Oil Company, Inc... RF321-18714 05/13/94
Pruitt Oil Company..................... RF321-20221
Texaco Inc./Bryan Station Texaco et al. RF321-14274 05/13/94
Texaco Inc./Nix Nu-Way Texaco et al.... RF321-7123 05/11/94
Texaco Inc./Oldham's Texaco............ RF321-20945 05/13/94
Mayberry Texaco........................ RF321-20953
Westside Texaco........................ RF321-20961
Texaco Inc./Tom Lacaze Texaco.......... RF321-20975 05/10/94
Texaco Inc./Tom Lass................... RF321-20984 05/13/94
Texaco Inc./Tom's Texaco............... RR321-157 05/11/94
The Buffalo News et al................. RF272-84691 05/12/94
Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
Forrest County School Dist............................ RF272-95201
H and W Oil Co., Inc.................................. LEE-0115
High Grade Beverage................................... RF272-95219
Ingram Ready Mix, Inc................................. RF272-95139
J.F. Tollison Fertilizer.............................. RF272-95167
Jamison & Son Bus Co.................................. RF272-95188
Johnny Bowen Gulf Station #2.......................... RF300-21711
Southern Cast Stone Co................................ RF272-95215
William H. Payne...................................... LFA-0374
------------------------------------------------------------------------
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, S.W.,
Washington, D.C. 20585, 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.
Dated: August 17, 1994
George B. Breznay,
Director, Office of Hearings and Appeals
[FR Doc. 94-20694 Filed 8-22-94; 8:45 am]
BILLING CODE 6450-01-P
