[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Pages 49129-49130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23886]
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Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders From the Week of
November 6 Through November 10, 1995
During the week of November 6 through November 10, 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, 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 6, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Appeals
Long Island Lighting Company, 11/8/95, VFA-0003
The Office of Hearings and Appeals denied an appeal filed by the
Long Island Lighting Company under 10 C.F.R. Part 766. LILCO had
claimed that the DOE erroneously determined its special assessment for
payment into the Uranium Decontamination and Decommissioning Fund
established under the Energy Policy Act of 1992. In its Appeal, LILCO
challenged DOE's accounting of a series of secondary market
transactions in which LILCO had divested itself of enriched uranium
fuel which it no longer needed due to the closing of its Shoreham New
York reactor plant.
William H. Payne, 11/8/95, VFA-0091
William H. Payne filed an Appeal from a determination issued by the
Office of Intergovernmental and External Affairs of the Department of
Energy's Albuquerque Field Office (DOE/AL), in response to a request he
submitted for information under the Freedom of Information Act (FOIA).
In his request, Payne sought the names and dates of employment of all
retired military personnel who were hired by Los Alamos National
Laboratory between October 1, 1979, and September 12, 1995. In
considering the Appeal, the DOE found that: (i) the University of
California, a DOE contractor that possessed the records sought by
Payne, is not an ``agency'' as defined in the FOIA; (ii) the records
had not been obtained by the DOE and were not in the agency's control
at the time of the appellant's request; and (iii) under the contract
between the DOE and the University, the records requested by Payne were
not agency records subject to the FOIA. Accordingly, the DOE found that
the records sought were not ``agency records,'' and the Appeal was
denied.
Implementation of Special Refund Procedures
Malcolm M. Turner, Revere Petroleum Corp., Granite Petroleum Corp.,
Dalco Petroleum Corp., 11/6/95, VEF-0013, VEF-0014, VEF-0015, VEF-0016
The DOE implemented procedures for the distribution of
$4,567,399.72 plus accrued interest in alleged overcharges obtained
from Malcolm Turner, Revere Petroleum Corporation, Granite Petroleum
Corporation and Delco Petroleum Corporation. These funds were remitted
by each firm to the DOE to settle possible pricing violations with
respect to sales of crude oil. The DOE has determined that these monies
will be distributed in accordance with the DOE's Modified Statement of
Restitutionary Policy Concerning Crude Oil Overcharge. Under that
policy, 20 percent will be divided among injured purchasers of refined
products, 40 percent to the federal government, and 40 percent to the
states.
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.
Atlantic Richfield Company/Alfred Lowry & Bros et al..... RF304-12892 11/08/95
Dismissed
The following submissions were dismissed:
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Name Case No.
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Alabama Electric Cooperative, Inc............ RG272-00887
Albuquerque Operations Office................ VSO-0062
Clay Hyder Trucking Lines.................... RF272-78171
Commercial Carrier Corporation............... RF272-78169
Jim Beam Brands Co........................... RF272-98777
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[[Page 49130]]
[FR Doc. 96-23886 Filed 9-17-96; 8:45 am]
BILLING CODE 6450-01-P
