[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Page 48485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23487]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders During the Week of September 25
Through September 29, 1995
During the week of September 25 through September 29, 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, 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.
Personnel Security Hearing
Oak Ridge Operations Office, 9/26/95, VSO-0034
Under the provisions set forth in 10 C.F.R. Part 710, the
Department of Energy, Oak Ridge Operations Office (DOE/OR) suspended
the access authorization (``L'' level security clearance) of an
individual based upon derogatory information received by the DOE/OR
incident to the individual's arrest on a charge of indecent exposure.
Following a personnel security interview and evaluation by a DOE
consultant psychiatrist, DOE/OR suspended the individual's access
authorization under disqualifying criteria set forth in: (1) 10 C.F.R.
Sec. 710.8(h), that the individual has ``[a]n illness or mental
condition of a nature which, in the opinion of a board-certified
psychiatrist * * * causes, or may cause, a significant defect in
judgment or reliability,'' and (2) 10 C.F.R. Sec. 710.8(1), that the
individual has ``[e]ngaged in [] unusual conduct or is subject to
circumstances which tend to show that the individual is not honest,
reliable, or trustworthly; or which furnishes reason to believe that
the individual may be subject to pressure, coercion, exploitation, or
duress which may cause the individual to act contrary to the best
interests of the national security.'' Following a hearing convened at
the request of the individual, the Office of Hearings and Appeals
Hearing Officer found in the Opinion that (i) despite conflicts in the
psychiatric testimony, it was clear that the individual suffered from a
mental condition which caused a significant defect on his judgment and
reliability, (ii) the individual was not rehabilitated but needed to
continue medication and psychotherapy indefinitely, and (iii) there was
a distinct possibility that the individual continues to conceal the
nature of his condition and therefore would be subject to blackmail or
coercion in the event of future incidents. Accordingly, the Hearing
Officer concluded in the Opinion that the individual's access
authorization should not be restored.
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.
Crude Oil Supplemental Refund Distribution............... RB272-49 09/25/95
Grant Joint Union High School et al...................... RF272-97528 09/28/95
Gulf Oil Corporation/Hydro Conduit Corp. et al........... RF300-21349 09/27/95
Gulf Oil Corporation/Medfield Gulf....................... RF300-21408 09/28/95
Magna Corp. (BPCI)....................................... RF300-21413
Town of West Warwick..................................... RF300-21414
Texico Inc./4-Way Service et al.......................... RF321-16408 09/27/95
Texaco Inc./Bill Lee Ivans............................... RF321-12207 09/28/95
Hunts Point Fuel Corp.................................... RF321-17353
Walcoal, Inc. et al...................................... RK272-77 09/28/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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Government Accountablity Project............. VFA-0085
Government Accountability Project............ VFA-0086
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[FR Doc. 96-23487 Filed 9-12-96; 8:45 am]
BILLING CODE 6450-01-P
