[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Pages 48487-48488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23489]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
August 28 Through September 1, 1995
During the week of August 28 through September 1, 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 28, 1996.
Thomas O. Mann,
Acting Director, Office of Hearings and Appeals
Personnel Security Hearings
Albuquerque Operations Office, 8/30/95, VSA-0018
The Director of the Office of Hearings and Appeals issued an
Opinion regarding the request for review by an individual of a Hearing
Officer's adverse opinion regarding his eligibility for access
authorization under the provisions of 10 C.F.R. Part 710. After
considering the individual's arguments and the record, the Director
found that: (i) the individual's request to be considered for a lower
level security clearance and different job were irrelevant to the
security clearance review analysis, (ii) the DOE psychiatrist possessed
a sufficient basis upon which to evaluate the individual, (iii) the
Hearing Officer was correct to consider each of the individual's
alcohol-related incidents as significant derogatory information, (iv)
the individual was not yet reformed or rehabilitated from his condition
of alcohol abuse and (v) interim relief should not be granted.
Accordingly, the Director recommended that the individual's access
authorization should not be restored.
Rocky Flats Field Office, 9/1/95 VSO-0032
An Office of Hearings and Appeals Hearing Officer issued an opinion
concerning the eligibility for access authorization of an individual
who was alleged to have a mental condition of a nature that in the
opinion of a board-certified psychiatrist causes a significant defect
in her judgment and reliability. The Hearing Officer found that the
individual had a personality disorder that did result in a defect in
her judgment and gave rise to security concerns. Accordingly, the
Hearing Officer found that the individual's request for access
authorization should be denied.
Refund Application
Texaco Inc./Ortiz Texaco, 8/28/95 RR321-180
The DOE issued a Decision and Order concerning a Motion for
Reconsideration submitted by Wilson, Keller & Associates, Inc. (WKA)
regarding an Application for Refund it submitted on behalf of Ortiz
Texaco (OT) in the Texaco Inc., special refund proceeding. In a prior
Supplemental Order, the DOE rescinded a portion of the refund granted
to Mr. Roberto Torrez Ortiz, owner of OT, because Mr. Ortiz, after
receiving a refund for OT's purchases, submitted another application
for OT on behalf of a Mr. Colon. The DOE thus concluded that Mr. Ortiz
only operated OT during a portion of the time for which he was granted
a refund. Pursuant to the Supplemental Order, Mr. Ortiz and his
representative, WKA, were made jointly and severally liable for
repayment of the overpayment to Mr. Ortiz. In its Motion, WKA states
that it paid the entire amount of the overpayment and did not receive
any payment from Mr. Ortiz. WKA further argued that the DOE was
incorrect in its conclusion that Mr. Ortiz was only eligible for a
portion of the refund originally granted him. The DOE held that WKA
failed to present any tangible evidence to support its claim that Mr.
Ortiz was eligible for the entire refund. Consequently, the DOE denied
WKA's Motion for Reconsideration.
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.
C.E. Zumstein Company, et al............................. RF272-97945 08/28/95
City of West Chester, et al.............................. RF272-95929 08/31/95
Crude Oil Supplemental Refund Distribution............... RB272-46 08/30/95
Crude Oil Supplemental Refund Distribution............... RB272-44 08/30/95
Crude Oil Supplemental Refund Distribution............... RB272-00047 08/31/95
D.A. Stuart Co., et al................................... RF272-97902 08/31/95
Gulf Oil Corporation/Buford-Briarwood Gulf, et al........ RF300-20281 08/30/95
Milo School Admin. Dist., et al.......................... RF272-97745 08/30/95
Peru, Illinois, et al.................................... RF272-97505 08/30/95
Texaco Inc./City of Elgin, et al......................... RF321-0103 08/31/95
Texaco Inc./Lonas Construction Co., Inc.................. RR321-102 08/31/95
Texaco Inc./P&C Texaco................................... RF321-8850 08/31/95
Templeton Texaco......................................... RF321-14152
[[Page 48488]]
Dismissals
The following submissions were dismissed:
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Name Case No.
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Anderson Pinetruck Pantry.................... RF300-21588
Boyd Construction Co......................... RF272-78159
Boyd Paving Co............................... RF272-78158
Busch Industrial Products Corp............... RF304-15162
Corrine Texaco............................... RF321-9040
E. Saenz Service Station..................... RF304-15156
Grenada Concrete Products Co................. RF272-78157
Grenada Sand & Gravel........................ RF272-78156
Mechanics Uniform Rental, Inc................ RF272-97337
Otsego Public Schools........................ RF272-97944
Oxy USA Inc.................................. LRO-0003
Resource Dynamics Corp....................... VFA-0062
Talco Butane Gas Co.......................... RF304-15158
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[FR Doc. 96-23489 Filed 9-12-96; 8:45 am]
BILLING CODE 6450-01-P
