[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Notices]
[Pages 48084-48085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24222]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders; Week of July 28
Through August 1, 1997
During the week of July 28 through August 1, 1997, 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, SW,
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: September 3, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 44--Week of July 28 Through August 1, 1997
Appeals
The Cincinnati Enquirer, 7/29/97, VFA-0307
The Cincinnati Enquirer (Appellant) filed an Appeal concerning its
request under the Freedom of Information Act (FOIA). The Appellant had
requested documentation for all sole-source contracts at the Fernald
Environmental Management Project (FEMP). The DOE's Ohio Field Office
(DOE/OFO) released some documents but found that other documents were
owned by FEMP's management and operating contractor, Fluor Daniel
Fernald (FDF). On appeal, the Appellant argued that FDF is an agency
and that the withheld documents are agency records. The DOE rejected
both of these arguments and found that the documents were not subject
to release under DOE regulations. Accordingly, the Appeal was denied.
Personnel Security Hearings
Personnel Security Hearing, 7/31/97 VSO-0146
An Office of Hearings and Appeals Hearing Officer issued an opinion
regarding the eligibility of an individual employed by a contractor at
a DOE facility to maintain an access authorization under the provisions
of 10 CFR Part 710. The individual's access authorization had been
suspended because the individual had consumed alcohol habitually to
excess in the past. The Hearing Officer found that the individual had
mitigated the concerns raised by the DOE with respect to his alcohol
use by presenting documentary and testimonial evidence indicating that
[[Page 48085]]
his alcohol problem was in remission and that he did not need further
rehabilitation. Accordingly, the Hearing Officer recommended that the
individual's access authorization be restored.
Personnel Security Hearing, 7/30/97 VSO-0152
An Office of Hearings and Appeals Hearing Officer issued an Opinion
under 10 CFR Part 710 concerning the continued eligibility of an
individual to hold an access authorization. The Hearing Officer found
that the individual: (1) Had deliberately misrepresented, falsified, or
omitted significant information during a personnel security interview,
in responding to an official inquiry on a matter regarding his
eligibility for DOE access authorization; (2) had a mental condition of
a nature which caused, and may continue to cause, a significant defect
in judgment or reliability; and (3) had engaged in unusual conduct
which tended to show that the individual is not honest, reliable, or
trustworthy. The Hearing Officer further found that the individual had
failed to mitigate the legitimate security concerns of DOE relating to
these matters. Accordingly, the Hearing Officer recommended that the
individual's access authorization, which had been suspended, not be
restored.
Motion for Reconsideration
Greenville Automatic Gas Co., Inc., 7/30/97 VER-0002
Greenville Automatic Gas Co., Inc. filed a Motion for
Reconsideration of a Decision denying its Application for Exception
from the Energy Information Administration requirement that it file
Form EIA-782B, the ``Resellers'/Retailers'' Monthly Petroleum Product
Sales Report.'' In considering Greenville's Motion, the DOE found that
the firm had not demonstrated that completing the form would cause it
to experience a serious hardship or gross inequity. Accordingly, the
Motion for Reconsideration was denied.
Refund Application
Chesebrough-Pond's USA Co., 7/29/97 RF272-97101
The DOE issued a Decision and Order considering an Application for
Refund in the crude oil overcharge proceeding filed by Chesebrough-
Pond's USA Co. (CP). The DOE rejected a refund claim based on CP's
purchases of petrolatum, finding that the firm did nothing more than
heat and cool that substance in order to turn it into Vaseline. As
such, the DOE found that CP was a reseller of petrolatum and not an
end-user. The DOE did approve the firm's refund request based on
purchases of motor gasoline and motor oil that it used in its vehicles.
The total refund granted was $930,063.
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.
CAPELETTI BROTHERS, INC. ET AL........................... RF272-98602 7/30/97
COLTRANS, INC............................................ RA272-78 7/30/97
ENRON CORPORATION/NEBRASKA PUBLIC POWER DIST............. RF340-196 7/29/97
UNITED LP GAS CORPORATION................................ RF340-201
Dismissals
The following submissions were dismissed.
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Name Case No.
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CITIZEN ACTION............................... VFA-0320
DEGUSSA CORPORATION.......................... RG272-00577
DUVAL ASPHALT PRODUCTS INC................... RG272-00574
HAARMANN & REIMER CORP....................... RG272-00575
PERSONNEL SECURITY HEARING................... VSO-0160
PERSONNEL SECURITY HEARING................... VSO-0165
PERSONNEL SECURITY HEARING................... VSO-0169
SANDORE LANE GARDENS......................... RG272-00576
ST. AUGUSTINE TRAWLERS, INC.................. RF272-57064
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[FR Doc. 97-24222 Filed 9-11-97; 8:45 am]
BILLING CODE 6450-01-P
