[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: 94-22893]
[[Page Unknown]]
[Federal Register: September 15, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Issuance of Decisions and Orders During the Week of July 18
Through July 22, 1994
Office of Hearings and Appeals
During the week of July 18 through July 22, 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
C.D. Varnadore & Betty Freels, 7/21/94, LFA-0375
C.D. Varnadore and Betty Freels (the Appellants) filed an Appeal
from a partial denial by the DOE's Oak Ridge Operations Office (Oak
Ridge) of a Request for Information which they had submitted under the
Freedom of Information Act (FOIA). The Appellants had requested billing
statements submitted by outside counsel to DOE contractors. In
considering the Appeal, the DOE found that while some of the
information that had initially been withheld under Exemption 4 should
have been released to the public, some of the information requested by
the Appellants was properly withheld under Exemption 4 since it was
privileged and confidential. Accordingly, the Appeal was granted in
part and the request was remanded to Oak Ridge for further processing.
David W. Loveless, 7/20/94, LFA-0390
David W. Loveless filed an Appeal from a partial denial by the
DOE's Idaho Operations Office (Idaho Operations) of a Request for
Information which he had submitted under the Freedom of Information Act
(FOIA). Mr. Loveless had requested documents concerning the award of a
contract by the DOE to MK-Ferguson, Inc. In considering the Appeal, the
DOE found that Idaho Operations could properly invoke the
``predecisional'' privilege of Exemption 5 of the FOIA to withhold
material in a Source Evaluation Board report that represented the
deliberations and recommendations of the Board. The DOE also found that
similar material in contract modification memoranda could be withheld
under the privilege. The DOE, however, found that much of the material
in the documents did not constitute deliberative material and,
therefore, should be segregated and released to Mr. Loveless, unless
covered by another FOIA exemption. Further, the DOE noted that the
contract in question was awarded under the Federal Acquisition
Regulations as amended by the DOE Acquisition Regulations. If any
information was released under the debriefing provisions of these
regulations, or otherwise made public during the contracting process,
this information could not be withheld under Exemption 5. Finally, the
DOE instructed Idaho Operations to consider the Memorandum to All
Department Heads on FOIA matters issued by Attorney General Janet Reno.
Accordingly, the Appeal was granted in part, and the request remanded
to Idaho Operations for further action in accordance with the
instructions in the Decision.
Linda J. Carlisle, 7/22/94, LFA-0394
Linda J. Carlisle file an Appeal from a determination issued to her
by the Director of the Utility Systems Division of the Office of
Utility Technologies of the DOE's Office of Energy Efficiency and
Renewable Energy in response to a Request for Information submitted
under the Freedom of Information Act (FOIA). In considering the Appeal,
the DOE found that Mrs. Carlisle's original FOIA request was vague.
Under these circumstances, under the DOE FOIA regulations, the agency
has the obligation to contact the requester to clarify the request. The
DOE contacted Mrs. Carlisle and determined that she sought six
categories of information. Accordingly, the Appeal was granted in part
and the clarified request was remanded to the Freedom of Information
and Privacy Branch of the Reference and Information Management Division
of the Office of Administrative Services to determine which offices may
need to search for responsive documents.
Request for Exception
Little River Village Campground, Inc., 7/19/94, LEE-0127
Little River Campground, Inc. (Little River) filed an Application
for Exception requesting permanent relief from the Energy Information
Administration (EIA) requirement that it file Form EIA-728B, the
``Resellers'/Retailers' Monthly Petroleum Product Sales Report.'' In
considering this request, the DOE found that Little River was
experiencing a serious hardship of a temporary nature. Accordingly,
temporary exception relief was granted to Little River from July 1994
until December 1994. Since Little River demonstrated that there was a
clear need for an expeditious determination of the firm's Application
for Exception, the DOE determined that exception relief should be made
effective immediately through the issuance of a Final Decision and
Order pursuant to 10 C.F.R. Sec. 205.69C, rather than the issuance of a
Proposed Decision and Order.
Refund Applications
Atlantic Richfield Company/Commonwealth Propane, Inc., 7/21/94, RF304-
13307
The DOE issued a Decision and Order denying an Application for
Refund filed by LK, Inc. (LK) in the Atlantic Richfield Company (Arco)
refund proceeding on behalf of Commonwealth Propane, Inc.
(Commonwealth). It was determined that LK failed to notify the DOE that
Commonwealth's claim duplicated a previous filing. Therefore, LK was
directed to submit, within thirty days of the date of the Decision and
Order, an explanation of its role in the matter. The DOE determined
that until this response was received, Arco refunds would be granted
directly to the applicants that LK represents.
Enron Corporation/Farmers Union Central Exchange, Inc. Land O'Lakes,
Inc., 7/18/94, RF340-160, RF340-161
Farmers Union Central Exchange, Inc. (CENEX) and Land O'Lakes (LOL)
submitted Applications for Refund in the Enron Corporation refund
proceeding. The DOE determined that in 1987 CENEX became the petroleum
product supplier for the cooperative customers of LOL and Midland
Cooperatives, Inc. (Midland), and therefore was entitled to a refund of
$1,120,808 under the presumption of injury for cooperatives for Enron
product purchased by CENEX, LOL and Midland and resold to those firms'
member customers. This refund to CENEX was subject to reporting
requirements and a dollar for dollar passthrough. With respect to Enron
product that LOL resold to non-member customers during the refund
period, the DOE found that the presumption of injury for cooperatives
did not apply. However, the DOE found that LOL was entitled to a refund
of $70,610 for these Enron purchases under the mid-range presumption of
injury for resellers. Accordingly, the total refund granted to CENEX
and LOL was $1,191,418.
Florida Public Utilities Co., 7/18/94, RF272-92184
The DOE issued a Decision and Order concerning the Application for
Refund of Florida Public Utilities (FPU) in the crude oil overcharge
refund proceeding. The DOE determined that the applicant resold the
refined petroleum products that formed the basis of its application and
thus passed on the costs of any overcharges to its customers.
Therefore, the DOE concluded that FPU was not injured by any of the
overcharges associated with the gallons that it purchased. Accordingly,
the Application for Refund was denied.
Texaco Inc./Loop's Airport Texaco, 7/20/94, RF321-21005
On July 19, 1990, the DOE issued a Decision and Order in the Texaco
Inc. refund proceeding concerning an Application for Refund filed by
Loop's Airport Texaco, a retailer of Texaco products. That refund was
based upon a statement by Bert N. Loop that he operated the retail
outlet for the entire March 1973 to January 1981 refund period, and the
volume of purchases at the location between those dates. Subsequently,
another applicant filed an Application for Refund for the same retail
location for the period beginning May 1978. Mr. Loop acknowledged that
he left the outlet in 1978 and commenced operating another Texaco
station for which he had not received any refund. The DOE found that
Mr. Loop should repay, with interest, that portion of the refund
attributable to purchases made after April 1978. However, this
repayment obligation was reduced by the refund to which Mr. Loop was
entitled with respect to the second Texaco station.
Texaco Inc./Major Oils, 7/22/94, RF321-4344
The DOE issued a Decision and Order concerning an Application for
Refund filed by George R. Dunn on behalf of Major Oils in the Texaco
Inc. refund proceeding. Mr. Dunn claimed that Major Oils purchased
36,530,672 gallons of Texaco motor gasoline and diesel fuel from Evans
Oil during the consent order period. However, because Mr. Dunn could
not substantiate his volume claim or show that the product he purchased
originated with Texaco, the DOE denied the application.
Texaco Inc./Von Grantham Texaco, 7/22/94, RF321-20042, RF321-20043
The DOE issued a Decision and Order concerning Applications for
Refund that were filed on behalf of Von Grantham Texaco by Von Grantham
(Case No. RF321-20042) and by Joe Anna Grantham (Case No. RF321-20043),
requesting refunds based on purchases of Texaco petroleum products. Mr.
Grantham was the owner of Von Grantham Texaco during the refund period,
and Ms. Grantham claimed that she was entitled to half of the portion
of the refund attributable to purchases made while she and Mr. Grantham
were married. In considering this request, the DOE found that the terms
of the couple's two divorce decrees awarded to Mr. Grantham the right
to the refund. Accordingly, the DOE issued a Decision and Order
granting the Application for Refund filed by Mr. Grantham and denying
the one filed by Ms. Grantham.
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.
ADCO CHEMICAL CO., INC.................................................... RF272-61760 07/22/94
ATLANTIC RICHFIELD COMPANY/GUNLOCKE CO., INC. ET AL....................... RF304-14362 07/19/94
ATLANTIC RICHFIELD COMPANY/RANDY'S SERVICE STATION........................ RF304-15458 07/18/94
BROWNING ELEMENTARY #9.................................................... RR272-118 07/18/94
DST PROPERTIES, INC....................................................... RC272-238 07/20/94
EAST ALABAMA PAVING CO., INC. ET AL....................................... RF272-90012 07/20/94
GOOD HOPE REFINERIES/KERR-MCGEE CORPORATION............................... RF339-8 07/18/94
TRIANGLE REFINERIES, INC.................................................. RF339-9 ..............
GULF OIL CORPORATION/CULOTTA GULF STATION................................. RF300-20414 07/22/94
GULF OIL CORPORATION/JERSEY CAPE OIL COMPANY.............................. RF300-20399 07/18/94
STONE HARBOR REALTY....................................................... RF300-20400 ..............
SHESTON OIL CO............................................................ RF300-20401 ..............
GULF OIL CORPORATION/OLYMPIAN OIL CO...................................... RF300-15978 07/22/94
GULF OIL CORPORATION/ROSEBORO GULF........................................ RR300-184 07/18/94
JET GAS CORPORATION....................................................... RR300-249 ..............
LOU-JAK TRUCKING SERVICE.................................................. RR272-139 07/19/94
SIDNEY TRUCK & STORAGE, INC. ET AL........................................ RF272-93502 07/18/94
TEXACO INC./DANIEL TEXACO SERVICE STATION #2.............................. RF321-11590 07/21/94
TEXACO INC./SHAW'S TEXACO ET AL........................................... RF321-489 07/22/94
TEXACO INC./SOUTH COUNTY TEXACO ET AL..................................... RF321-19810 07/18/94
TOWN OF TOWNSEND, MASS.................................................... RR272-121 07/18/94
Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
NAME CASE NO.
------------------------------------------------------------------------
61ST STREET TEXACO.................................... RF321-14423
BLOTT'S TEXACO........................................ RF321-15751
BLOTT'S WESTGATE TEXACO............................... RF321-15749
BURLINGTON TEXACO..................................... RF321-16970
C&S OIL CO............................................ RF321-14749
DALTONS SERVICE STATION............................... RF321-15769
DESOTO, INC........................................... RD272-42446
DESOTO, INC........................................... RF272-42446
DOUG'S TEXACO......................................... RF321-8814
EASTSIDE TEXACO....................................... RF321-15750
FORGAY TEXACO......................................... RF321-14491
HARDAWAY TEXACO....................................... RF321-339
HAUSER TRUCKING CORP.................................. RF272-92575
HIGH SCHOOL TEXACO.................................... RF321-8220
INTERSTATE TEXACO..................................... RF321-19382
KATOLSKY TEXACO....................................... RF321-540
M & H TEXACO.......................................... RF321-5919
MILLETT'S GLOBE TEXACO................................ RF321-8054
RAYS TEXACO........................................... RF321-8307
UNIVERSAL SHEET METAL................................. RF272-90356
WAYNE MOTT FARMS...................................... RF300-18847
WILLIE QUALLS GULF SERVICE............................ RF300-14003
------------------------------------------------------------------------
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, 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 looseleaf reporter system.
Dated: September 7, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-22893 Filed 9-14-94; 8:45 am]
BILLING CODE 6450-01-P
