[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: 94-20698]
[[Page Unknown]]
[Federal Register: August 23, 1994]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Issuance of Decisions and Orders; Week of June 6 through June 10,
1994
During the week of June 6 through June 10, 1994, the decisions and
orders summarized below were issued with respect to applications for
exception and 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.
Requests for Exception
Farmers Co-Operative Company, 6/7/94, LEE-0077
Farmers Co-Operative Company (Farmers) filed an Application for
Exception from the Energy Information Administration (EIA) requirement
that it file Form EIA-782B, the ``Reseller/Retailer's Monthly Petroleum
Product Sales Report.'' In considering Farmers' request, the DOE found
that the firm was not suffering a gross inequity or serious harship. On
March 24, 1994, the DOE 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 with the Office
of Hearings and Appeals of the DOE within the prescribed time period.
Therefore, the DOE issued the Proposed Decision and Order in final
form, denying Farmers' Application for Exception.
May-Slade Oil Co., 6/6/94, LEE-0097
May-Slade Oil Co. 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. Accordingly,
exception relief was denied.
Supplemental Order
David Ramirez, 6/8/94, LWX-0013
A Hearing Officer of the Office of Hearings and Appeals issued a
Supplemental Order awarding $122,088 in back pay and reasonable costs
and expenses (including attorney's fees) to David Ramirez, a
subcontractor employee at Brookhaven National Laboratory (BWL). The
award supplements an Initial Agency Decision that found that BNL
violated the Department's contractor employee protection regulations by
directing the termination of Ramirez' employment in reprisal for his
making protected safety disclosures. The Order denied Ramirez' request
for compensation for damages resulting from the premature withdrawal of
union pension and supplemental unemployment benefits, but, following
the ``collateral source rule,'' did not offset lost wages by the amount
of state unemployment benefits. The award is not final since BNL has
requested that the Secretary or her designee review the Initial Agency
Decision.
Refund Application
Texaco Inc. Allgood Texaco Service et al., 6/6/94 RF321-749 et al.
The DOE issued a Decision and Order in the Texaco Inc. refund
proceeding concerning eight Applications for Refund filed by Texaco
retail outlets. One of these outlets did not have data showing its
Texaco purchases, but did have evidence of the monthly amount of its
cost of gasoline. The DOE estimated the firm's purchases for each month
by dividing its monthly cost by an average cost for gasoline in that
locality for that month. This average cost per gallon was calculated by
adding to the dealer tank-wagon prices for regular gasoline as reported
in Platt's Oil Price Handbook, the amount of state and federal
gasolilne taxes and an amount to reflect the fact that the applicant's
purchases included premimum and unleaded as well as regular gasoline.
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.
Atlantic Richfield Company/Whaley's RF304-12092 06/07/94
Arco.
Whaley's Arco #2....................... RF304-15457
Whaley's Gulf.......................... RF300-21763
Clark Oil & Refining Corp./Plymouth RF342-4 06/10/94
Oil, Inc..
Covil Insulating Co.................... RC272-231 06/09/94
Cross Street Service Companies Inc..... RF272-94078 06/07/94
Dysart-Geneseo Community Schools et al. RF272-88805 06/06/94
Gulf Oil Corporation/Bob's Gulf........ RF300-21772 06/09/94
Gulf Oil Corporation/Danny R. Holton... RR300-257 06/07/94
Gulf Oil Corporation/J.R. Ridge RF300-21355 06/09/94
Contractor & Co. et al.
Gulf Oil Corporation/Mackno Fuel Co., RR300-191 06/07/94
Inc..
T.E. Hinson Gulf....................... RR300-194
Pangles Store.......................... RR300-224
Lincoln Mutual Service, Inc. No. 1..... RF272-69006 06/10/94
Ralls County, Missouri et al........... RF272-85137 06/10/94
Robert R. Wisdom Oil Co., Inc.......... RF272-78256 06/10/94
State Mutual Life Assurance Co. of RF272-92207 06/10/94
America et al.
Tempe Elementary Schools et al......... RF272-87056 06/07/94
Texaco Inc./Ronnie's Wolf Road Texaco RF321-19083 06/08/94
et al.
Young's Industries, Inc. et al......... RF272-93500 06/09/94
Dismissals
The following submissions were dismissed:
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Name Case No.
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Arcadia Valley R-II School District.................. RF272-80005
Brentwood Texaco..................................... RF321-5969
Circle City Texaco................................... RF321-8186
City Texaco.......................................... RF321-12112
Darris Texaco Service................................ RF321-19155
DE Goodrich.......................................... LFA-0370
Finney's Texaco...................................... RF321-15931
Glo Distributing, Inc................................ RF321-19852
Jodie's Texaco....................................... RF321-6608
Keci Corporation..................................... LFA-0385
Keci Corporation..................................... LFA-0386
Koppers Co., Inc..................................... RF321-20056
L. Hardy Co.......................................... RF321-6512
Lawrence County Board of Education................... RF272-92281
Moss Midway Texaco................................... RF321-12104
Park Ridge Garage, Inc............................... RF321-6773
Putnam County........................................ RF272-85628
Richins Texaco Service............................... RF321-15885
Thurston Aviation, Inc............................... RF272-92216
Town of Hamilton..................................... RF272-85458
Wallace Texaco....................................... RF321-6646
Wayne M. Cooper...................................... LFA-0380
Woodstock Texaco..................................... RF321-174
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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, 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 16, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-20698 Filed 8-22-94; 8:45 am]
BILLING CODE 6450-01-P
