[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Notices]
[Pages 48145-48146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23354]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders for the Week of
October 16 Through October 20, 1995
During the week of October 16 through October 20, 1995, the
decisions and orders summarized below were issued with respect to
appeals,
[[Page 48146]]
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 29, 1996
Richard W. Dugan,
Acting Director, Office of Hearings and Appeals.
Department of Energy
Office of Hearings and Appeals
Washington, D.C. 20585
Decision List No. 942
Week of October 16 through October 20, 1995.
Appeals
Cohen & Cotton, 10/18/95, VFA-0082
Cohen & Cotton filed an Appeal from a denial by the Western Area
Power Administration (WAPA) of a Request for Information which the
firm had submitted under the Freedom of Information Act (the FOIA).
In considering the Appeal, the DOE found that the document requested
by Cohen & Cotton, a Preliminary Real Estate Plan, did not exist
because it was not WAPA's customary practice to prepare such a
document. Since no responsive document exists, the Appeal was
denied.
Portland General Electric Company, 10/20/95, VFA-0084
Portland General Electric Company (PGE) filed an Appeal from a
partial denial by the Bonneville Power Administration (BPA) of a
Request For Information that it had submitted under the Freedom of
Information Act. PGE maintained that additional responsive documents
must exist. In considering the Appeal, the DOE found that BPA had
misconstrued the scope of PGE's request. Accordingly, the Appeal was
granted in part and the matter was remanded to BPA with directions
to issue a new determination after consulting with PGE concerning
the scope of its request.
Personnel Security Hearing
Albuquerque Operations Office, 10/17/95, VSO-0040
A Hearing Officer from the Office of Hearings and Appeals issued
an Opinion regarding the eligibility of an individual for access
authorization under the provisions of 10 C.F.R. Part 710. After
carefully considering the record of the proceeding in view of the
standards set forth in Part 710, the Hearing Officer found that the
individual uses alcohol habitually to excess, based on his long
history of alcohol dependence and evidence that he continues to
drink heavily, and that his alcohol use constitutes a mental illness
that causes a significant defect in judgment and reliability. The
Hearing Officer also found that the individual has engaged in
unusual conduct, particularly with respect to willfully breaching
the terms of a plea bargain agreement, that tends to show that he is
not honest, trustworthy, or reliable. The DOE's security concerns
regarding these behaviors were not overcome by any evidence
mitigating the derogatory information underlying the DOE's charges.
Accordingly, the Hearing Officer found that the individual should
not be granted access authorization.
Refund Application
Texaco Inc./L & R Texaco, 10/17/95, RF321-17243
The Department of Energy (DOE) issued a Decision and Order
granting in part an application that was filed by L & R Texaco (L &
R). L & R was a partnership, and the application was filed by the
surviving partner and three children of the other partner, who died
intestate. The DOE granted the application as it pertained to the
surviving partner, but denied the application as it pertained to the
children of the deceased partner, finding that, under the applicable
state law, the deceased partner's refund should go to his widow, and
not to the children.
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.
Adams County Co-Op, et al........ RF272-94118 10/17/95
LTV Energy Products, et al....... RF272-78116 10/20/95
Racine County, WI, et al......... RF272-97545 10/17/95
Simeone Corporation.............. RF272-77896 10/17/95
Statler Tissue Co., et al........ RK272-518 10/17/95
Texaco Inc./Donald E. Foster..... RF321-12205 10/20/95
Chain Oil Co..................... RF321-12208
Texaco Inc./Pattersons's Texaco.. RF321-20746 10/20/95
Van Brunt Texaco................. RF321-20768
Wolk Properties, et al........... RF272-77655 10/17/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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Crane, TX.................................... RF272-86292
Goodhue Lumber Company....................... RF300-21437
Government Accountability Project............ VFA-0090
Hill Brothers Atlantic....................... RF304-15055
Kerrville Bus Co., Inc....................... RF300-21357
Leonard's Texaco Service..................... RF321-20630
Penry's Texaco............................... RF321-16247
Rutland, MA.................................. RF272-86322
Snow's Texaco................................ RF321-20602
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[FR Doc. 96-23354 Filed 9-11-96; 8:45 am]
BILLING CODE 6450-01-P
