[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Pages 47922-47923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23181]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals; Week of July 1 through July 5, 1996
During the week of July 1 through July 5, 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. 979
Week of July 1 through July 5, 1996
Appeals
Marlene Flor, 7/2/96, VFA-0175
The Department of Energy (DOE) issued a Decision and Order granting
a Freedom of Information Act Appeal that was filed by Marlene Flor. In
her Appeal, Ms. Flor contested the accuracy of a cost estimate provided
to her by the DOE's Albuquerque Operations Office for processing her
request for information under the Freedom of Information Act. In the
Decision, the OHA found that Ms. Flor fell into the ``all other
requesters'' category of FOIA requesters, and that she could not be
charged for time spent by DOE employees in reviewing responsive
documents for exempt material. The DOE therefore remanded her request
to the Albuquerque Office for the formulation of a new estimate.
Tenaska Washington Partners II, L.P., 7/2/96, VFA-0176
Tenaska Washington Partners II, L.P. (TWP) filed an Appeal from a
determination issued to it on May 21, 1996 by the Deputy Inspector
General for Audit Services of the Office of Inspector General (IG) of
the Department of Energy (DOE). In that determination, the IG partially
denied a request for information that TWP filed pursuant to the Freedom
of Information Act (FOIA). In its Appeal, TWP contends that the IG
improperly withheld factual information pusuant to FOIA Exemption 5 and
that the IG ``waived'' its ability to withhold a document pursuant to
FOIA Exemptions 6 and 7. In considering the Appeal, the DOE confirmed
that the redacted information does not contain any factual information
and that the IG properly withheld the requested information pursuant to
Exemption 5. The DOE also found that there is no merit to TWP's
argument that the IG ``waived'' its ability to withhold a document
pursuant to FOIA Exemptions 6 and 7. Accordingly, the DOE denied the
appellant's request.
Refund Applications
Moore Brothers, 7/2/96, RR272-232
Moore Brothers was a trucking company that filed an Application for
Refund in the Subpart V crude oil refund proceeding. In its original
application (Case No. RF272-4527), Moore Brothers was denied a refund
due to a lack of adequate documentation (January 26, 1990). On February
20, 1996, Moore Brothers filed a Motion for Reconsideration, requesting
that the DOE reconsider its 1990 Decision. In the Motion for
Reconsideration, Moore Brothers provided documentation adequate to
substantiate the applicant's estimate of petroleum products consumed
during the price control period. Accordingly, the Motion for
Reconsideration was granted.
Perry Gas Processors, Inc./Alabama, RQ183-604, Charter Company/Alabama,
RQ23-605, National Helium Corp./Alabama, RQ3-606, Coline Gasoline
Corp./Alabama, 7/2/96, RQ2-607
The DOE issued a Decision and Order granting a second-stage refund
application filed by the State of Alabama. Alabama requested that all
remaining funds allocated to it in the Perry Gas Processors, Charter
Company, National Helium Corp. And Coline Gasoline special refund
proceedings be used to fund the state's Energy Conservation Loan
Program. As of May 31,1996, the amount of those funds totaled $370,540
($102,445 in principal and $268,095 in interest). The DOE found that
Alabama's proposal would provide timely restitutionary benefits to
injured consumers of refined petroleum products. Accordingly, Alabama's
second-stage refund application was granted.
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.
Allied-Signal, Inc....................................... RF272-77990 07/01/96
Bronaugh Motor Express, Inc. et al....................... RF272-89203 07/05/96
Crude Oil Supple. Ref.................................... RB272-00082 07/01/96
[[Page 47923]]
First Piedmont Corp. et al............................... RF272-89011 07/03/96
Gulf Oil Corporation/Dearman's Grovery & Service RF300-13743 07/02/96
Stationet al.
Gulf Oil Corporation/Union Petroleum..................... RF300-17257 07/03/96
Kimbob, Inc. et al....................................... RG272-00607 07/02/96
Montgomery Farmers Coop et al............................ RF272-94512 07/01/96
Virgin Air, Inc. et al................................... RF272-97969 07/03/96
Dismissals
The following submissions were dismissed:
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Name Case No.
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Allied Oil Company........................... RF339-14
Darigold, Inc................................ RG272-368
Denholm Ship Management Ltd.................. RG272-618
Heber Elementary............................. RF272-87065
Valley Materials Transport................... RF272-98118
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[FR Doc. 96-23181 Filed 9-10-96; 8:45 am]
BILLING CODE 6450-01-P
