[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Pages 48483-48485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23486]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Issuance of Decisions and Orders During the Week of October 2
Through October 6, 1995
During the week of October 2 through October 6, 1995, 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
[[Page 48484]]
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.
Appeals
Cohen & Cotton, 10/2/95, VFA-0073
Cohen & Cotton filed an Appeal from a partial 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 material which WAPA withheld
by claiming the protection of Exemption 5 was similar to information,
contained in the same document, that had been released in response to
the Request. Although the statements in a portion of the withheld
information were inaccurate, inaccuracy cannot shield factual
information from release.
Ikoi Kawata, 10/4/95 VFA-0063
Ikoi Kawata filed an Appeal from a denial by the FOIA/Privacy Act
Division of the Office of the Executive Secretariat of a Request for
Information submitted under the Freedom of Information Act (the FOIA).
In considering the Appeal, the DOE found that the request was unclear,
and the resulting search produced no responsive documents. Accordingly,
the Appeal was denied.
Quanterra Environmental Services, 10/2/95, VFA-0078
Quanterra Environmental Services (Quanterra) filed an Appeal from a
determination issued by the Richland Field Office (Richland) in
response to a request for information Quanterra submitted under the
Freedom of Information Act (FOIA). Quanterra asserted that the search
was inadequate. The DOE determined that the search was adequate and
that any information Richland may have was not in the form Quanterra
requested or desired. Accordingly, the Appeal was denied.
Personnel Security Hearing
Albuquerque Operations, 10/2/95, VSO-0038
An OHA Hearing Officer issued an Opinion regarding the eligibility
of an individual to maintain an access authorization under the
provisions of 10 CFR Part 710. The individual was alleged to be
suffering from alcohol abuse. In addition, he was alleged to be
unreliable because he violated a commitment to abstain from alcohol
when he indicated in an interview that he would try to quit using
alcohol. With respect to whether the respondent had violated an
agreement to abstain from alcohol, the Hearing Officer found that the
respondent's statement that he would attempt to stop using alcohol was
not a binding agreement. The principal issue in the case was whether
the respondent was rehabilitated, as he agreed that he was an
alcoholic. The respondent ceased drinking in December 1994 and had not
resumed the use of alcohol as of the August 22, 1995 hearing. The
Hearing Officer determined that there was insufficient evidence of
rehabilitation since both the DOE psychiatrist and the respondent's
psychologist testified that to demonstrate rehabilitation, the
respondent would have to abstain from alcohol use for one year and
participate in a formal alcohol treatment program. Accordingly, the
Hearing Officer found that the respondent's access authorization should
not be reinstated. However, the Hearing Officer recommended that the
respondent be considered for the Employee Assistance Program Referral
Option.
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/Suburban Motor Freight, Inc. RF304-12423 10/05/95
et al.
City of Raleigh et al.................................... RF272-86122 10/05/95
Crude Oil Supply Ref Dist................................ RB272-53 10/02/95
Crude Oil Supply Ref Dist................................ RB272-29 10/02/95
Crude Oil Supply Ref. Dist............................... RB272-52 10/05/95
Farmers Union Oil Co. et al.............................. RK272-152 10/05/95
Gulf Oil Corporation/Kemmer & Bristow Grocery............ RF300-18375 10/06/95
McKelvey Trucking Company................................ RJ272-1 10/03/95
Tennessee Truck Lines.................................... RC272-296 10/02/95
Texaco Inc./Bill's Texaco et al.......................... RF321-10575 10/02/95
Texaco Inc./Pacific Service Stations Co.................. RF321-20674 10/05/95
Texaco Inc./Pecan Shoppe of Santa Rosa et al............. RF321-13958 10/02/95
Texaco Inc./Stuckey's Store #228......................... RF321-16333 10/02/95
Stuckey's Store #248..................................... RF321-16334
Stuckey's Store #244..................................... RF321-16335
Dismissals
The following submissions were dismissed:
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Name Case No.
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Albuquerque Operations Office................ VSO-0052
Ernest A. Lado............................... VFA-0072
Glockner Oil Co.............................. RF321-20704
Hawn Freeway Texaco.......................... RF321-20203
Jay M. Baylon................................ VFA-0081
Northwest Inter-District Council............. RF272-88268
Stepan Chemical Company...................... RF321-20673
U.S. Borax................................... RF272-99132
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[[Page 48485]]
[FR Doc. 96-23486 Filed 9-12-96; 8:45 am]
BILLING CODE 6450-01-P
