[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Notices]
[Pages 48944-48945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23733]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders; Office of Hearings
and Appeals Week of August 7 Through August 11, 1995
During the week of August 7 through August 11, 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, 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: September 4, 1996.
George B. Breznay
Director, Office of Hearings and Appeals.
Decision List No. 932
Appeals
Jay M. Baylon, 8/10/95, VFA-0059
Jay M. Baylon (Baylon) filed an Appeal from determinations issued
to him on May 24, 1995, and June 28, 1995, by the DOE's FOI and Privacy
Branch, Reference and Information Management Division and the Office of
Arms Control and Nonproliferation (Arms Control) which partially denied
a request for information that Baylon had filed under the Freedom of
Information Act (FOIA). The request sought information concerning
Westinghouse Electric Corporation's transfer of nuclear-related
technology to the People's Republic of China. The determinations stated
that Arms Control had produced all available documents responsive to
Baylon's request. They further explained that any other relevant
information either originated in another Executive Agency, or was
classified and undergoing a declassification review. The Appeal
challenged the adequacy of the search. In considering the appeal, the
DOE found that the initial search was too narrow in its scope because
the FOI Office did not direct Baylon's FOIA request to other DOE
offices involved in nuclear-related transfers. Accordingly, Baylon's
Appeal was granted and the matter was remanded to the FOI Office to
initiate a new search.
Robert S. Foote, 8/10/95, VFA-0058
Robert S. Foote filed an Appeal from a determination issued to him
by the DOE's Office of Health and Environmental Research (OHER) in
response to a request from Mr. Foote under the Freedom of Information
Act (FOIA). Mr. Foote sought the names of panelists who reviewed
certain research grants. In considering the Appeal, the DOE found that
the OHER properly withheld the panelists' names under Exemption 6 of
the FOIA. Accordingly, the Appeal was denied.
Personnel Security Hearing
Oak Ridge Operations Office, 8/11/95, VSO-0021
An Office of Hearings and Appeals Hearing Officer issued an opinion
recommending restoration of the security clearance of an individual
whose clearance had been suspended because the DOE had obtained
derogatory information that fell within 10 C.F.R. Sec. 710.8(h). The
individual had been diagnosed as having a mental condition that could
cause a significant defect in the individual's judgment or reliability.
In reaching his conclusion, the Hearing Officer found that the
testimony at the hearing supported the individual's contention that the
results of his MMPI testing did not show the existence of a mental
condition that affected his judgment or reliability.
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.
Crude Oil Supplemental Refund Distribution............... RB272-00032 08/10/95
Crude Oil Supplemental Refund Distribution............... RB272-38 08/10/95
Jeannette, PA et al...................................... RF272-96000 08/10/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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Clarke County, Virginia...................... RF272-86668
Commonwealth Oil Refining Co., Inc........... RF345-47
Concho County, Texas......................... RF272-89244
[[Page 48945]]
Fruehauf Trailer Corp........................ RR321-184
Green's Propane Gas Co., Inc................. RF304-13618
McKelvey Oil Co.............................. RF304-13492
Middlewest Freightways, Inc.................. RF272-89914
Urich's Texaco Service Station............... RF321-20928
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[FR Doc. 96-23733 Filed 9-16-96; 8:45 am]
BILLING CODE 6450-01-P
