[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Notices]
[Pages 47564-47565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22762]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Office of
Hearings and Appeals Week of June 5 through June 9, 1995
During the week of June 5 through June 9, 1995 the decisions and
orders summarized below were issued with respect to appeals and
applications for 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.
Appeal
Richard M. Ross, 6/8/95, VFA-0041
Richard M. Ross filed an Appeal from a determination issued by the
Oakland Operations Office (Oakland) of the Department of Energy in
response to a request from him under the Freedom of Information Act
(FOIA). Ross sought copies of records concerning past and present
employment of nine identified DOE employees. In considering this
Appeal, the DOE found that certain aspects of the search conducted by
Oakland were inadequate and that Oakland had improperly withheld
certain records concerning the private employment history of DOE
employees pursuant to Exemption 6 of the FOIA. Accordingly, the Appeal
was granted in part.
Rocky Flats Field Office, 6/5/95, VSO-0015
An Office of Hearings and Appeals Hearing Officer issued an opinion
under 10 C.F.R. part 710 concerning the continued eligibility of an
individual for access authorization. After considering the testimony at
the hearing convened at the request of the individual and all other
information in the record, the Hearing Officer found that the
individual has been a user of alcohol habitually to excess and that the
diagnosis by a board-certified psychiatrist that the individual was
suffering from alcohol abuse was based upon essentially undisputed
facts. The Hearing Officer also found that the individual had failed to
present sufficient evidence of rehabilitation, reformation or other
factors to mitigate the derogatory information under 10 C.F.R.
710.8(j). In particular, the Hearing Officer found that the individual
had consumed excessive amounts of alcohol at least twice during the
period of time that he claimed that his drinking was under control.
Accordingly, the Hearing Officer recommended that the individual's
access authorization, which had been suspended, should not be restored.
Refund Application
Texaco Inc./Joe Long's Texaco, 6/7/95 RF321-21065
The Department of Energy (DOE) issued a Decision and Order (D&O)
rescinding a refund that had been granted to Joe Long's Texaco. The
refund was rescinded and the funds ordered redeposited into the Texaco
escrow account because the DOE was unable to locate Mr. Long.
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/Motor Freight Express et al.................... RF304-12216 06/07/95
Borough of Highland Park et al............................................ RF272-97500 06/07/95
Gulf Oil Corporation/Howe Oil Company, Inc................................ RF300-20421 06/07/95
Gulf Oil Corporation/South Bay Gulf....................................... RF300-13963 06/07/95
Texaco Inc./Field's Texaco Service et al.................................. RF321-220 06/07/95
Texaco Inc./Fruitwood Texaco et al........................................ RF321-4975 06/07/95
Texaco Inc./W.C. Hancock.................................................. RF321-20458 06/09/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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Albuquerque Operations Office..................... VSO-0025
Atchison, Topeka & Santa Fe Railway............... RF304-13208
Bill's Texaco..................................... RF321-20534
Enchanted Oaks Texaco............................. RF321-6691
Herb's Texaco & Repair Shop....................... RF321-20108
Hyde Park Super Service Station................... RF321-20848
Monte Sweet's Self Service........................ RF321-11320
[[Page 47565]]
Oak Ridge Operations.............................. VSO-0030
Patterson & Brasher Texaco........................ RF321-20589
Petroleum Service Co.............................. RF321-20590
Ross Texaco....................................... RF321-7195
Sir John's ARCO................................... RF304-14820
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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, S.W.,
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: September 5, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-22762 Filed 9-12-95; 8:45 am]
BILLING CODE 6450-01-P
