[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Pages 47920-47922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23180]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
February 5 Through February 9, 1996
During the week of February 5 through February 9, 1996, 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, 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. 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 28, 1996.
Thomas O. Mann,
Acting Director, Office of Hearings and Appeals.
Decision List No. 958
Personnel Security Hearings
Albuquerque Operations Office, 2/5/95, VSO-0063
An Office of Hearings and Appeals Hearing Officer issued an opinion
in a personnel security case involving a contractor employee at Los
Alamos National Laboratory. Based upon the record, the opinion
recommends against granting the employee an access authorization. In
particular, the opinion concludes that neither the testimony of lay
witnesses nor generally applicable published material is sufficient to
rebut the informed, first-hand medical testimony of two board certified
DOE-consultant psychiatrists, i.e., that the individual is a habitual
user of alcohol to excess without adequate evidence of rehabilitation
or reformation.
Oak Ridge Operations Office, 2/7/96, VSO-0059
[[Page 47921]]
An Office of Hearings and Appeals Hearing Officer issued an opinion
concerning an individual whose access authorization was suspended
because he had abused family members and because he was diagnosed as
alcohol dependent by a DOE consultant psychiatrist. The Hearing Officer
found that incidents of child abuse by the individual demonstrated a
lack of judgment and reliability. The Hearing Officer further found
that in view of the fact that the individual continued to use
significant amounts of alcohol in the face of family and health
problems, he was alcohol dependent. Accordingly, the Hearing Officer
found that the individual's access authorization should not be
restored.
Appeal
A. Victorian, 2/7/96, LFA-0387
A. Victorian (Victorian) filed an Appeal from a determination
issued to him by the Deputy Assistant Secretary for Military
Application and Stockpile Support of the Department of Energy (DOE/MA).
In his Appeal, Victorian asserted that DOE/MA improperly withheld
portions of a document identified as responsive to Victorian's Freedom
of Information Act (FOIA) Request. In his Request, Victorian requested
copies of all documents containing information pertaining to the DOE's
FALCON program. In its determination letter, DOE/MA provided Victorian
with one document in its entirety and a redacted copy of another
document entitled ``DOE Reactor-Pumped Laser Research Program'' (Laser
Document). DOE/MA stated in its determination letter that the withheld
portions of the Laser Document contained classified information and
were being withheld pursuant to Exemptions 1 and 3 of the FOIA. In his
Appeal, Victorian asserted that the information withheld in the Laser
Document had been inappropriately classified and should be provided to
him. The DOE determined that almost all of the withheld information in
the Laser Document had been properly withheld under Exemptions 1 and 3.
However, the DOE also found that a small portion of the previously
withheld material could now be declassified and released to Victorian.
Consequently, the DOE granted, in part, Victorian's Appeal.
Requests for Exception
Martin Petroleum Corporation, 2/5/96, LEE-0153
Martin Petroleum Corporation 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.'' Martin argued that the amount of time it took the firm
to prepare the required forms constituted a burden. However, the DOE
determined that Martin was not suffering a special hardship, inequity
or unfair distribution of burdens. Accordingly, exception relief was
denied.
Pitcher Sales, Inc., 2/5/96, VEE-0004
Pitcher Sales, Inc., 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
and Form EIA-863, entitled ``Resellers'/Retailers' Monthly Petroleum
Product Sales Report'' and ``Petroleum Product Sales Identification
Survey,'' respectively. Pitcher argued that filing these surveys was
time consuming and onerous. However, the DOE determined that Pitcher
was not suffering a special hardship, inequity or unfair distribution
of burdens. Accordingly, exception relief was denied.
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.
Arnold Heiden et al...................................... RK272-368 02/05/96
Charles W. Combs et al................................... RK272-2671 02/05/96
County Line School District et al........................ RF272-95402 02/05/96
Crude Oil Supple. Refund Dist............................ RB272-66 02/05/96
Farmers Cooperative Assn. et al.......................... RK272-2475 02/05/96
Gulf Oil Corporation/Aranki Gulf #1 et al................ RF300-14990 02/05/96
Gulf Oil Corporation/Woods & Helton Gulf et al........... RF300-18298 02/07/96
Gulf Oil Corporation/Zachary Gulf et al.................. RF300-13978 02/07/96
Harkins & Company et al.................................. RK272-3209 02/07/96
Heyman Truck, Inc. et al................................. RF272-77606 02/05/96
Rogers Transportation Co., Inc........................... RK272-71 02/07/96
Floyd Mining Co., Inc.................................... RK272-72 ..............
American Jet Aviation.................................... RK272-73 ..............
W.V. Wall Legging et al.................................. RK272-1141 02/07/96
Dismissals
The following submissions were dismissed:
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Name Case No.
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Allied Towing Corp........................... RF300-19784
Anchor Pointe Boat........................... RF300-18070
Balcones Gulf................................ RF300-20992
Bubb's Gulf.................................. RF300-19967
C.M. Bullock Gulf............................ RF300-18186
Camargo Gulf................................. RF300-19741
Carolina Moving & Storage, Inc............... RF300-18535
Chris A. Schaefer............................ VFA-0114
Dee's Fuel Service........................... RF304-15002
Florida East Coast Highway Dispatch.......... RF272-78177
Florida East Coast Railway Company........... RF272-78175
J. Preston Moore............................. RF300-19923
Mac's ARCO................................... RF304-15040
Orsid Realty................................. RF272-78572
[[Page 47922]]
Piper Aircraft Corp.......................... RF300-19993
Radiant Oil Company.......................... RF300-19988
Repetz Brothers ARCO......................... RF304-13134
Repetz Brothers ARCO......................... RF304-12910
Richard's Gulf Service....................... RF300-18709
Shahum Service Station....................... RF304-15060
Stratford ARCO............................... RF304-15050
Thor Lieungh................................. RF304-13536
Thrifty Oil Company.......................... RF300-19922
Walt's ARCO.................................. RF304-14667
Woodautomatic Gas Co......................... RF304-14996
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[FR Doc. 96-23180 Filed 9-10-96; 8:45 am]
BILLING CODE 6450-01-P
