[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Page 49130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23887]
-----------------------------------------------------------------------
Notice of Issuance of Decisions and Orders From the Week of
November 13 Through November 17, 1995
During the week of November 13 through November 17, 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, DC 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 5, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Appeal
Knolls Action Project, 11/13/95, VFA-0093
Knolls Action Project (KAP) filed an Appeal from a determination
issued to it by the Office of Naval Reactors (NR) of the Department of
Energy (DOE). In its Appeal, KAP asserted that NR improperly failed to
grant it a fee waiver regarding documents it requested pursuant to four
Freedom of Information Act (FOIA) Requests it submitted. In its
Requests, KAP requested various documents pertaining to the shipment
and management of spent nuclear fuels from U.S. Naval vessels and that
it be granted a fee waiver for the costs associated with the processing
of its Requests. In its determination letter, NR denied KAP's fee
waiver Request. In its Appeal, KAP argued that it fully met each of the
requirements for a fee waiver. After a de novo review, the DOE
determined that KAP was eligible for a fee waiver regarding certain
portions of one of its FOIA Requests and was properly denied a fee
waiver regarding the remainder of its Requests.
Personnel Security Hearing
Albuquerque Operations Office, 11/14/95, VSA-0023
Upon review, the Director, Office of Hearings and Appeals,
concurred with the Hearing Officer's recommendation in Case No. VSA-
0023 that access authorization not be restored to the appellant
employee due to his use of marijuana and subsequent concealment of a
history drug use. The employee claimed that 1) he was not notified of
the results of a drug test; 2) that the drug test violated provisions
of the Drug Free Workplace Act; and 3) that his concealment of drug use
was due to immaturity or poor memory. The Director found that the
employee had failed to mitigate valid security concerns. The Director
also denied a motion for discovery of ethnicity of persons subject to
administrative review by the Department of Energy.
Refund Application
Maritime Overseas Corporation, 11/14/95, RF272-97921
The DOE issued a Decision and Order concerning one Application for
Refund in the Subpart V crude oil overcharge refund proceeding. The
refund application was filed by the Maritime Overseas Corporation. The
DOE determined that the Maritime Overseas Corporation was not entitled
to a refund since it had filed a Rail and Water Transporters Escrow
Settlement Claim Form and Waiver. In that filing, the Maritime Overseas
Corporation had requested a Stripper Well refund from the Rail and
Water Transporters escrow, thereby waiving its right to a Subpart V
crude oil refund. Accordingly, the DOE denied the Application for
Refund.
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.
Axtell-Bern Summerfield Schls. et al..................... RF272-96238 11/14/95
Bear River Valley Coop. et al............................ RF272-97054 11/14/95
Ferraro Transportation Co. Inc et al..................... RF272-89202 11/14/95
Gulf Oil Corporation/The Kiesel Co....................... RF300-16954 11/14/95
Joed, Inc................................................ RF300-16973 ..............
Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
A.M. Devencenzi.............................. RF272-98261
Bacon County, GA............................. RF272-86198
Gordon Transport, Inc........................ RF300-12748
Hartnell Plaza Texaco........................ RF321-20554
Idaho Operations Office...................... VSO-0058
Phoenix Steel Corp........................... RF272-92152
Victor B. Skaar.............................. VFA-0012
Warwick Public Schools....................... RF272-97913
Watonga, OK.................................. RF272-86205
------------------------------------------------------------------------
[FR Doc. 96-23887 Filed 9-17-96; 8:45 am]
BILLING CODE 6450-01-P
