[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22892]
[[Page Unknown]]
[Federal Register: September 15, 1994]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Issuance of Decisions and Orders; Week of July 11 Through July
15, 1994
During the week of July 11 through July 15, 1994, the decisions and
orders summarized below were issued with respect to appeals and
applications for exception or 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.
Appeals
A. VICTORIAN, 7/13/94, LFA-0392
Dr. A. Victorian filed an Appeal from a determination issued by the
Albuquerque Operations Office (Albuquerque) of the Department of Energy
(DOE) in response to a request under the Freedom of Information Act
(FOIA). Dr. Victorian sought documents concerning the DOE/Department of
Defense Memorandum of Understanding for the non-lethal weapons program.
In considering the Appeal, the DOE found that the search performed by
Los Alamos National Laboratory was inadequate. In addition, the DOE
found that Dr. Victorian did not adequately describe the document.
Accordingly, the Appeal was granted and remanded to Albuquerque for a
new determination.
JAMES W. SCOTT, JR., 7/13/94, LFA-0393
James W. Scott, Jr. (Appellant) filed an Appeal from a
determination issued by the Oak Ridge Operations Office (Oak Ridge) in
response to a request from the Appellant under the Freedom of
Information Act. The Appellant sought information concerning his late
grandfather, an employee of a DOE subcontractor. In considering the
Appeal, the Office of Hearings and Appeals found that Oak Ridge
performed an adequate search for documents related to the Appellant's
request and that no responsive documents existed. Accordingly, the
Appeal was denied in all respects.
MARK S. BOGGS, 7/12/94, LFA-0373
Mark S. Boggs filed an Appeal from a denial by the Freedom of
Information and Privacy Acts Branch of a Freedom of Information
Request. The appellant had sought records concerning possible removal
of tissue samples from his mother's body for the purpose of testing the
tissue for plutonium contamination. His request was prompted by a news
article which indicated that during the cold war, tissue from the
bodies of people who lived near nuclear plants had been removed and
tested. In its determination, the FOIA Branch stated that it could not
locate any responsive documents. After reviewing the matter, the DOE
found that the FOIA Branch had conducted a thorough search for
responsive documents, and that none had been located. Accordingly, the
Appeal was denied.
US WEST COMMUNICATIONS FEDERAL SERVICES, INC., 7/13/94, LFA-0391
US West Communications, Federal Services, Inc. (US West) filed an
Appeal from a determination issued by the Albuquerque Operations Office
(Albuquerque) of the Department of Energy (DOE) in response to a
request from US West under the Freedom of Information Act (FOIA). US
West sought standard government contract forms 6432-A through 6432-F
(containing unit prices) for the Integrated Technologies Corporation's
fiber installation contract. In considering the Appeal, the Office of
Hearings and Appeals found that Albuquerque performed an adequate
search for the requested contract forms and that neither the forms nor
unit prices existed for the fiber installation contract. Accordingly,
the Appeal was denied.
Request for Exception
LAS ENERGY CORPORATION, 7/11/94, LEE-0113
LAS Energy Corporation filed an Application for Exception from the
Energy Information Administration (EIA) requirement that it file Form
EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum Product Sales
Report.'' In considering this request, the DOE found that the firm was
not suffering gross inequity or serious hardship. On May 26, 1994, the
DOE issued a Proposed Decision and Order determining that the exception
request should be denied. No Notice of Objections to the Proposed
Decision and Order was filed with the Office of Hearings and Appeals of
the DOE within the prescribed time period. Therefore, the DOE issued
the Proposed Decision and Order in final form, denying LAS Energy's
Application for Exception.
Request for Reconsideration and/or Rescission
CHEVRON U.S.A. INC. ECONOMIC REGULATORY ADMINISTRATION, 7/14/94, LRR-
0015 LRZ-0025
Chevron U.S.A. Inc. (Chevron) filed a Motion for Reconsideration
and the Economic Regulatory Administration (ERA) filed a Motion to
Compel, relating to a Decision and Order which granted in part a Motion
for Discovery filed by the ERA in a Proposed Remedial Order (PRO)
proceeding involving Chevron, Case No. LRO-0004. Economic Regulatory
Administration, 23 DOE 84,003 (1993) (``Discovery Order''). In its
Motion for Reconsideration, Chevron requested that the firm not be
required to produce full copies of its 1980 and 1981 income tax returns
as directed in the Discovery Order. In the Motion to Compel, the ERA
requested that Chevron be directed to comply fully with the Discovery
Order and to produce immediately all responsive documents. In
considering Chevron's motion, the DOE determined that substantial
portions of Chevron's consolidated tax returns related to the firm's
parent and affiliates, and was irrelevant to the matters concerned by
the PRO. However, in considering the ERA's motion, the DOE further
determined that Chevron had failed to produce other materials
responsive to the discovery requests approved in the Discover Order.
Accordingly, both Chevron's Motion for Reconsideration and the ERA's
Motion to Compel were granted in part.
Refund Application
TEXACO INC./ WHEELING STEEL CORPORATION, TRW, INC., LASCO SHIPPING,
INC., 7/11/94, RF321-19546, RF321-19566, RF321-19599
The DOE issued a Decision and Order dismissing three Applications
for Refund filed by LK, Inc., a private filing service, on behalf of
Wheeling Steel Corporation, TRW, Inc. and Lasco Shipping Co. The
applications were signed only by an officer of LK, Inc. On several
occasions, beginning on March 3, 1994, the DOE requested that LK, Inc.
submit copies of the claims signed by responsible officials of the
firms involved. However, LK, Inc. failed to submit the copies or show
that it was authorized to file the applications. Consequently, the DOE
ordered the applications dismissed.
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/PEL'S ARCO, INC................................ RF304-13888 07/14/94
FARMERS UNION OIL COMPANY................................................. RF272-86784 07/11/94
ST. FRANCIS MERCANTILE EQUITY............................................. RF272-89672 ..............
GULF OIL CORPORATION/FAULK'S GULF......................................... RF300-18512 07/12/94
STAN TAUBER GULF.......................................................... RF300-18516 ..............
GULF OIL CORPORATION/WEIL PURCHASING CORPORATION.......................... RF300-18389 07/12/94
ECONOMY OIL-WEIL BROTHERS................................................. RF300-18390 ..............
INTERSTATE VAN LINES, INC................................................. RR272-140 07/14/94
OSBORNE TRUCK LINE, INC................................................... RR272-141 ..............
MARTIN TRUCKING, INC...................................................... RR272-142 ..............
COVERED WAGON TRAIN, INC.................................................. RR272-143 ..............
NATIONAL CAR RENTAL....................................................... RF272-93865 07/11/94
PENNSY SUPPLY, INC........................................................ RF272-69635 07/12/94
PENNSY SUPPLY, INC........................................................ RD272-69635 ..............
WEBB'S TEXACO SERVICE..................................................... RF272-78409 07/14/94
LEN'S MOBIL MART.......................................................... RF272-78410 ..............
FOWLER-FARM-CITY-SALES, INC............................................... RF272-78423 ..............
THORNTON BROS. TEXACO STATION............................................. RF272-78424 ..............
ZIEGLER TRAHAN DAIRY ET AL................................................ RF272-91638 07/14/94
Dismissals
The following submissions were dismissed:
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NAME CASE NO.
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BALDWIN COUNTY BOARD OF EDUCATION..................... RF272-82484
CITY OF NEWARK........................................ RF272-85789
DOUGLAS COUNTY SCHOOL DISTRICT........................ RF272-82729
ERIE CITY SCHOOL DISTRICT............................. RF272-81787
EUGENE DOBAJ.......................................... RF272-78680
FORD CENTRAL C U SCHOOL DISTRICT...................... RF272-82465
GREEN COUNTY HIGHWAY DEPARTMENT....................... RF272-82721
INDEPENDENT FARMERS OIL COMPANY....................... LEE-0118
MIKE DALTON........................................... RF321-9714
SALEM STATE COLLEGE................................... RF272-82650
SPARTANBURG SCHOOL DISTRICT FIVE...................... RF272-82997
ST. JOHN'S BAPTIST CHURCH............................. RF272-78319
TOLLAND BOARD OF EDUCATION............................ RF272-82879
WESTDALE TEXACO....................................... RF321-20201
WESTDALE TEXACO....................................... RF321-20201
WOODSTOCK BOARD OF EDUCATION.......................... RF272-82551
YORK TRUCK RENTAL INC................................. RF272-90032
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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, SW,
Washington, DC 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 7, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-22892 Filed 9-14-94; 8:45 am]
BILLING CODE 6450-01-P
