[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Pages 49128-49129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23885]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders; Office of Hearings
and Appeals; Week of June 3 Through June 7, 1996
During the week of June 3 through June 7 1996, 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 9, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Appeals
Association of Public Agency Customers, 6/6/96, VFA-0162
The Association of Public Agency Customers (Appellant) filed an
Appeal of a Determination issued to it by the Department of Energy
(DOE) in response to a request under the Freedom of Information Act
(FOIA) concerning documents related to power service contracts. In its
Determination, Bonneville Power Administration (BPA) released 26 pages
and withheld approximately 1,500 additional pages from the Appellant
under Exemptions 4 and 5 of the FOIA. The Appellant appealed this
withholding and challenged the amount of search and review fees it had
been assessed. The Office of Hearings and Appeals (OHA) first
determined that the amount of time spent searching for and reviewing
documents was reasonable, and that it was proper to have relatively
high-paid employees conduct this work. However, the OHA found that BPA
had incorrectly charged the Appellant the cost of the photocopier
operator's time. The OHA also concluded that Exemption 4 had been
applied correctly, because if some of the withheld material was
released, future production capacities of two BPA customers would be
easily determined. Finally, the OHA found that the other withheld
documents were correctly protected by the deliberative process and
attorney-client privileges of Exemption 5. Accordingly, the OHA ordered
BPA to reduce its fees to the Appellant by the amount of the incorrect
charges, but denied the Appeal in all other respects.
Dorothy M. Bell, 6/7/96, VFA-0163
The Department of Energy (DOE) issued a Decision and Order denying
a Freedom of Information Act Appeal that was filed by Dorothy M. Bell.
In her Appeal, Ms. Bell contested the adequacy of the search for
documents responsive to her request. In the Decision, the DOE found
that the search conducted for responsive documents was adequate.
Todd M. Clark, 6/6/96, VFA-0164
Todd M. Clark filed an Appeal from a determination issued to him on
April 8, 1996, by the Freedom of Information Act Contact of the Office
of Environmental Management of the Department of Energy (DOE). In that
determination, the FOIA Contact granted a request for information filed
by Mr. Clark under the Freedom of Information Act (FOIA). In his
Appeal, the appellant contended that additional responsive information
may exist. In considering the Appeal, the DOE confirmed that the FOIA
Contact followed procedures reasonably calculated to uncover any
responsive information. Accordingly, the DOE denied Mr. Clark's
request.
Refund Application
Atlantic Richfield Company/Jefferson ARCO, Albert's ARCO, 6/7/96,
RF304-15501, RF304-15502
The DOE found that duplicate applications were filed in the ARCO
special refund proceeding for two retail outlets owned by Albert
Peiper. The DOE determined that Mr. Peiper's signature was forged on
one set of applications and on the refund checks issued based upon
those applications. The forged applications carried the address of Mr.
Peiper's former wife, and the refund checks were deposited into her
account. Accordingly, the refunds granted based upon the forged
applications were rescinded, and Mr. Peiper's former wife was ordered
to repay the amount received.
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.
Clairmont Transfer Company............................... RC272-342 06/03/96
Clairmont Transfer Company............................... RK272-3437
Gulf Oil Corporation/Clock Tire Mart..................... RF300-16852 06/03/96
Gulf Oil Corporation/Dearman Oil Co. et al............... RF300-13591 06/06/96
Gulf Oil Corporation/Jones Fuel & Heating Co............. RF300-15144 06/07/96
Gulf Oil Corporation/WMG, Inc............................ RF300-21694 06/03/96
Land Paving et al........................................ RF272-96134 06/06/96
Riedel International..................................... RF272-69843 06/07/96
Riedel International..................................... RD272-69843
State of Tennessee....................................... RR272-207 06/03/96
Dismissals
The following submissions were dismissed:
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Name Case No.
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Allegheny Development Corporation............ RG272-970
Arledge Kelly Hay co......................... RF272-94736
Denormandie Towel & Linen Supply............. RF272-89976
[[Page 49129]]
Foia Group, Inc.............................. VFA-0165
Fort Recovery Equity Exc..................... RG272-774
Honeywell, Inc............................... VFA-0149
Minden Oil, Inc.............................. RF300-19560
Pomeroy Grange Supply Co., Inc............... RG272-773
Ray Bell..................................... RG272-971
Scotty's Contracting and Stone............... RG272-771
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[FR Doc. 96-23885 Filed 9-17-96; 8:45 am]
BILLING CODE 6450-01-P
