[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Pages 48676-48677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23628]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders; Week of June 12
Through June 16, 1995
During the week of June 12 through June 16, 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 Hearing
Albuquerque Operations Office, 6/16/95, VSA-0005
An individual whose access authorization had been suspended filed a
request for review of a DOE Hearing Officer's recommendation against
its restoration. The individual's access authorization had been
suspended by the Department of Energy's (DOE) Albuquerque Operations
Office (Albuquerque) upon its receipt of derogatory information
indicating that the individual was a habitual user of alcohol to
excess, used illegal drugs and had deliberately provided DOE security
officials with false or misleading information.
Upon review, the individual claimed that she had been
rehabilitated, and in the alternative, requested that the Director of
the Office of Hearings and Appeals (the Director) stay her security
proceeding in order to provide her with a sufficient time period to
complete her rehabilitation. The Director found that she had not
established her rehabilitation, and that her request for a stay of the
proceeding should not be granted.
Implementation of Special Refund Proceedings
Mockabee Gas & Fuel Oil Co., 6/12/95, VEF-0001
The OHA issued a Decision and Order announcing procedures for
disbursement of $75,638 plus accrued interest, in overcharges on No. 2
fuel oil and kerosene that were remitted to the DOE by Mockabee Gas &
Fuel Oil Co. under a Modified Remedial Order issued to the firm in
1985. Under the procedures established in the Decision, end-users who
purchased those products from Mockabee during the period November 1,
1973 through December 31, 1975, may apply for refunds. Successful
applicants will receive refunds of $.0612 per gallon. The deadline for
filing Mockabee refund applications is September 29, 1995.
Murphy Oil Corp., Murphy Oil USA, Inc., Murphy Exploration & Production
Co., 6/15/95, VEF-0003
The OHA issued a Decision and Order announcing procedures for
disbursement of $10,700,00 plus accrued interest, in alleged crude oil
overcharges obtained by the DOE under a Settlement Agreement with
Murphy Oil Corp., Murphy Oil USA, Inc., and Murphy Exploration &
Production Co. The Murphy funds will be distributed in accordance with
the DOE's Modified Statement of Restitutionary Policy in
[[Page 48677]]
Crude Oil Cases, 51 F.R. 27899 (August 4, 1986). Under this policy, 40
percent will be given to the federal government and 40 percent to the
states for indirect restitution, and 20 percent will be reserved for
direct restitution to injured purchasers of refined petroleum products
during the controls period (August 1973 through January 27, 1981). The
Decision states that while the deadline for filing crude oil refund
applications is June 30, 1995, any party who has previously filed a
refund application will receive a share of the Murphy funds without
filing a new claim.
Refund Applications
Gulf Oil Corp./Calhoun & Williams Gulf et al., 6/12/95, RF300-16725 et
al.
The DOE granted 10 applications for refund in the Gulf Oil
Corporation special refund proceeding. Each applicant applied for a
refund based on the small claims presumption of injury. The refunds
granted in this Decision and Order totalled $9,713.
Enron Corporation/MFA Oil Company, et al., 6/12/95, RF340-154 thru
RF340-159
MFA Oil Company and five other cooperative owners of Energy
Cooperative, Inc. (ECI) submitted applications for refund in the Enron
Corporation refund proceeding. The DOE determined that these
cooperative owners of ECI were entitled to refunds under the
presumption of injury for cooperatives for Enron product purchased by
ECI and resold to the cooperative owners for distribution to their
member customers. These refunds were made subject to reporting
requirements and a dollar for dollar passthrough. With respect to Enron
product that the cooperatives purchased from ECI and resold to non-
member customers, the DOE found that the presumption of injury for
cooperatives did not apply. However, the DOE found that the
cooperatives were entitled to refunds for these Enron purchases under
the applicable presumptions of injury for resellers. Accordingly, the
total refund granted to the cooperative owners of ECI was $369,406.
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.
CENTRAL RIVERS COOPERATIVE ET AL......................... RF272-97102 06/15/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-00005 06/15/95
GULF OIL CORPORATION/
COAN & FORD.............................................. RF300-20911 06/12/95
COAN & FORD.............................................. RF300-21796
GULF OIL CORPORATION/
J.F. TOLLISON FERTILIZER................................. RF300-15138 06/12/95
J.F. TOLLISON............................................ RF300-19577
J.F. TOLLISON FERTILIZER................................. RR272-201
GULF OIL CORPORATION/MIDSTATES EQUIPMENT CO., INC........ RF300-21830 06/12/95
GULF OIL CORPORATION/PCL/MIRACLE MILE GULF ET AL......... RF300-18304 06/12/95
LOGSDON TUG SERVICE...................................... RF272-79103 06/15/95
N. MONTEREY COUNTY UNIFIED SCHOOL DISTRICT ET AL......... RF272-86337 06/15/95
NORTH CAPE MAY CITGO..................................... RF272-97557 06/12/95
SHELL OIL COMPANY/COAST GAS, INC......................... RF315-5911 06/15/95
TEXACO INC./BOB GRUNER'S TEXACO.......................... RF321-20536 06/12/95
TEXACO INC./DOUG'S TEXACO................................ RR321-181 06/15/95
TEXACO INC./NOLAN TEXACO................................. RF321-20744 06/12/95
CUTLER'S TEXACO.......................................... RF321-20778
TEXACO INC./VILLAGE SERVICE CENTER ET AL................. RF321-18006 06/12/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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A. VICTORIAN........................... VFA-0045
CROCK TEXACO........................... RF321-19894
CROCK TEXACO SERVICE................... RF321-19895
DOUG'S TEXACO.......................... RF321-19903
PETER DURAN............................ VWA-0002
PETER DURAN............................ VWA-0003
TEXACO SERVICE CENTER.................. RF321-19896
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[FR Doc. 96-23628 Filed 9-13-96; 8:45 am]
BILLING CODE 6450-01-P