[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Pages 48681-48682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23631]
[[Page 48681]]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
October 23 Through October 27, 1995
During the week of October 23 through October 27, 1995, the
decision and order summarized below was 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 this decision and order 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 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,
Associate Director, Office of Hearings and Appeals.
Appeals
Kenneth H. Besecker, 10/24/95, VFA-0075
Kenneth H. Besecker filed an Appeal from the determination issued
to him by the Director of the Office of Economic Impact and Diversity
(Director) of the Department of Energy (DOE) in response to a Request
for Information submitted under the Freedom of Information Act (FOIA).
In considering the Appeal, the DOE found that the Director properly
withheld under the ``executive'' privilege of Exemption 5 of the FOIA
handwritten notes evaluating an EEO investigator's investigation and
report. In particular, the DOE determined that the material was both
predecisional and deliberative within the meaning of the FOIA
privilege. The DOE also determined that release of the document could
cause a reasonably foreseeable harm to a protectable FOIA principle, as
enunciated in the Memorandum to All Department Heads on the FOIA by
Attorney General Janet Reno. Accordingly, the Appeal was denied.
Personnel Security Hearings
Albuquerque Operations Office, 10/26/95, VSO-0045
A Hearing Officer of the Office of Hearings and Appeals issued an
opinion concerning the continued eligibility of an individual for
access authorization under 10 CFR Part 710, ``Criteria and Procedures
for Determining Eligibility for Access to Classified Matter or Special
Nuclear Material.'' After considering the records in view of the
standards set forth in Part 710, the Hearing Officer found that the
derogatory information presented by the Albuquerque Operations Office
under 10 CFR Sec. 710.8(l) established that the individual used
marijuana on one occasion in 1994. The Hearing Officer also found that
the individual presented sufficient evidence of rehabilitation and
reformation to mitigate this derogatory information. Finally, the
Hearing Officer found that the individual's violation of his Drug
Certification was mitigated by the circumstances surrounding the
execution of that certification, including the passage of time of
fifteen years. Accordingly, the Hearing Officer concluded that, in his
opinion, the individual's access authorization should be restored.
Pittsburgh Naval Reactors Office, 10/27/95, VSO-0041
An Office of Hearings and Appeals Hearing Officer issued an opinion
under 10 CFR Part 710 concerning the continued eligibility of an
individual for access authorization. After considering the testimony at
the hearing convened at the request of the individual and all other
information in the record, the Hearing Officer found that the
individual deliberately omitted substantial information from a
Questionnaire for Sensitive Positions and that this constituted a
security concern under 10 CFR Sec. 710.8(f). The Hearing Officer also
found that the individual had engaged in a pattern of financial
irresponsibility and that this conduct raised a security concern under
10 CFR Sec. 710.8(l). The Hearing Officer further found that the
individual failed to present sufficient evidence of rehabilitation,
reformation or other factors to mitigate the derogatory information.
With respect to the individual's financial irresponsibility, the
Hearing Officer specifically found that the individual's recent
bankruptcy filing did not reduce the agency's security concerns or
constitute evidence of rehabilitation. Accordingly, the Hearing Officer
recommended that the individual's access authorization, which had been
suspended, should not be restored.
Pittsburgh Naval Reactors Office, 10/27/95, VSO-0048
A Hearing Officer recommended that access authorization not be
restored to an individual whose access was suspended due to evidence of
his engaging in a pattern of financial irresponsibility. The Hearing
Officer found the individual's defense that a substantial amount in
unpaid bills and taxes was due to his misplaced generosity to his
family failed to mitigate valid security concerns.
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.
CANADA STEAMSHIP LINES, INC. ET AL....................... RF272-73779 10/24/95
CARTER TRUCK LINES, INC. ET AL........................... RF272-98004 10/23/95
CRESTHAVEN ENTERPRISES ET AL............................. RK272-154 10/27/95
CRUDE OIL SUPPLE REF DIST................................ RB272-56 10/27/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-55 10/26/95
DUNMYRE MOTOR LINES...................................... RF272-97187 10/27/95
FARMERS UNION OIL CO. OF CALVALIER-NECHE................. RJ272-2 10/26/95
FREMONT COUNTY SCHOOL DIST. #2 ET AL..................... RF272-97700 10/27/95
MANASQUAN BOARD OF EDUCATION ET AL....................... RF272-86513 10/23/95
PROSSER SCHOOL DISTRICT, WA ET AL........................ RF272-98064 10/27/95
SCA SERVICES, INC........................................ RF272-77541 10/23/95
T.E. MERCER TRUCKING, INC. ET AL......................... RF272-90797 10/23/95
TEXACO INC./KIRKWOOD TEXACO.............................. RF321-20616 10/27/95
TEXACO INC./STUCKEY STORE #1761 ET AL.................... RF321-5361 10/26/95
TEXACO INC./WAYNE RUDOLPH................................ RF321-16356 10/24/95
ARCHER DANIELS MIDLAND CO................................ RF321-19932 ..............
[[Page 48682]]
Dismissals
The following submissions were dismissed:
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Name Case No.
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CARSON CITY COUNTY, NV....................... RF272-96245
DCW PRODUCTION............................... RF272-94179
ELLIS AIR TAXI, INC.......................... RF272-98000
IDAHO OPERATIONS OFFICE...................... VSO-0050
ROSEAU COUNTY CO-OP ASSOC.................... RG272-00719
UNION DISTRIBUTING COMPANY................... VEE-0011
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[FR Doc. 96-23631 Filed 9-13-96; 8:45 am]
BILLING CODE 6450-01-P
