[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Pages 48488-48489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23490]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
July 3 Through July 7, 1995
During the week of July 3 through July 7, 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, DC 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 30, 1996.
Richard W. Dugan,
Acting Director, Office of Hearings and Appeals.
Personnel Security Hearing
Rocky Flats Field Office, 7/5/95, VSA-0008
The Director of the Office of Hearings and Appeals (OHA) issued an
opinion under 10 CFR Part 710 concerning the continued eligibility of
an individual for access authorization. An OHA Hearing Officer had
previously found that the respondent was no longer an alcohol abuser,
and therefore had recommended that the respondent's access
authorization, which had been suspended, should be reinstated. In
response to the DOE Office of Safeguards and Security's Request for
Review of the Hearing Officer's Opinion, the OHA Director concluded
that there was sufficient evidence in the record to find that the
respondent had been a user of alcohol habitually to excess and also had
been correctly diagnosed by a board-certified psychiatrist as suffering
from alcohol abuse. The Director found, however, that the respondent
had presented sufficient evidence of reformation and other factors to
mitigate the derogatory information under 10 CFR Sec. 710.8(j).
Accordingly, the Director agreed with the Hearing Officer that
restoring the respondent's access authorization would not endanger the
national security and would be clearly consistent with the national
security.
Refund Applications
John Morrell & Co., 7/5/95, RR272-203
The DOE issued a Decision and Order granting a Motion for
Reconsideration filed by John Morrell & Co. (Morrell) in the Subpart V
crude oil refund proceeding. The DOE had dismissed an Application for
Refund filed by Morrell in this proceeding as a duplicate of an earlier
refund application granted in 1987. In its Motion for Reconsideration,
Morrell explained that although both applications were filed from
Morrell's Sioux Falls, South Dakota headquarters, the first was based
only on fuel consumed at the company's Sioux Falls plant, whereas the
later application included fuel purchases made at 20 other locations.
Accordingly, Morrell's Motion for Reconsideration was granted.
State Escrow Distribution, 7/5/95, RF302-16
The Office of Hearings and Appeals ordered the DOE's Office of the
Controller to distribute $18,800,000 to the State Governments. The use
of the funds by the States is governed by the Stripper Well Settlement
Agreement.
Texaco Inc./Cowart Oil Co., 7/7/95, RF321-7468
The DOE issued a Decision and Order concerning an Application for
Refund filed in the Texaco Inc. Special refund proceeding. Tri-Co Oil
Co., (Tri-Co) applied for a refund based upon direct Texaco purchases
made by virtue of the fact that it purchased all of the assets of
Cowart. Tri-Co also submitted a copy of the asset purchase agreement it
made with Cowart. The DOE held that a mere transfer of assets is not
sufficient for it to infer that the parties of an agreement intended to
transfer a right of refund. Further, after examining the provisions of
the asset purchase agreement, the DOE determined that the agreement did
not transfer to Tri-Co whatever right to a refund that Cowart may have
had. Consequently, Tri-Co's Application was denied.
Requests for Exception
Central American Petroleum Co., 7/5/95, VEE-0001
Central American Petroleum Co. (Central) filed an Application for
Exception from the provisions of the Energy Information Administration
(EIA) reporting requirements in which the firm sought relief from
filing Form EIA-782B, entitled ``Resellers'/Retailers' Monthly
Petroleum Product Sales Report.'' Although Central has not yet
participated in the filing of the Form, it argued that the reporting
requirement will be too time consuming and onerous. However, the firm
failed to demonstrate that it is suffering a financial hardship,
medical problems of employees, or any other serious impediment to its
operations.
[[Page 48489]]
Accordingly, the DOE determined that Central should be denied exception
relief.
Sound Oil Company, 7/5/95, LEE-0152
Sound Oil Company (Sound) filed an Application for Exception from
the provisions of the Energy Information Administration (EIA) reporting
requirements in which the firm sought relief from filing Form EIA-782B,
entitled ``Resellers'/Retailers' Monthly Petroleum Product Sales
Report.'' Sound asked to be excused from the reporting requirement on
the grounds that it has been filing the Form for an unusually long
period of time. However, the length of time the firm has been required
to file an EIA form does not alone constitute a gross inequity which
would warrant exception relief. Accordingly, the DOE determined that
Sound should be denied exception relief.
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.
Albuquerque Moving & Storage, RF272-97300 07/05/95
Inc. et al.
Bunge Corporation, IN.......... RC272-304 07/07/95
Bunge Corporation, IL.......... RC272-305
Bunge Corporation, LA.......... RC272-306
Bunge Corporation, KS.......... RC272-307
Conagra Consumer Frozen Food RC272-302 07/05/95
Co..
Consumer Poultry Company....... RC272-303
Crude Oil Supplemental Refund RB272-10 07/07/95
Distribution.
Crude Oil Supplemental Refund RB272-9 07/07/95
Distribution.
Foreman Industries, Inc. D.I.P. RF272-92037 07/05/95
SPS Technologies, Inc.......... RF272-92132
Border Road Construction Co.... RF272-92290
Gulf Oil Corporation/Johnston RF300-21441 07/07/95
Coca-Cola Bottling Group, Inc.
et al.
Intercontinental Branded Appeal RF272-94032 07/05/95
et al.
Krum Independent School Dist. RF272-96050 07/05/95
et al.
Switzerland County Highway RC272-311 07/07/95
Department.
Texaco Inc./Church Street RF321-19377 07/05/95
Texaco et al.
Texaco Inc./Cook's Service..... RF321-8463 07/05/95
Texaco Inc./Daniels Oil Co., RF321-8326 07/07/95
Inc. et al.
Texaco Inc./Marr Texaco et al.. RF321-5962 07/05/95
Texaco Inc./McDonald's Texaco.. RF321-17110 07/05/95
Texaco Inc./R & R Texaco et al. RF321-7453 07/05/95
Texaco Inc./Robert E. Boyer.... RF321-21071 07/05/95
Texaco Inc./Wiser Oil Co. et al RF321-6540 07/07/95
Wayland School District et al.. RF272-80771 07/07/95
Weleetka School District et al. RF272-96026 07/07/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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Corsica Cooperative Association.............. RG272-353
Eastern Aviation Fuels, Inc.................. RR272-13
Johnson Oil Co............................... RF321-19881
New York University.......................... RF272-92400
Pollard Delivery Service..................... RF272-89521
State of Vermont--Department of State RF272-96554
Buildings.
Top Value Texaco............................. RF321-16793
United Oil Co................................ RF321-19966
White Heavy Haulers, Inc..................... RF272-97953
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[FR Doc. 96-23490 Filed 9-12-96; 8:45 am]
BILLING CODE 6450-01-P
