[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Pages 49131-49132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23888]
[[Page 49131]]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders; Week of February 26
Through March 1, 1996
During the week of February 26 through March 1, 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, DC 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
Keith E. Loomis, 2/5/96, VFA-0125
The DOE denied a Freedom of Information Act Appeal filed by Keith
E. Loomis (Loomis). Loomis appealed the Office of Naval Reactors' (ONR)
withholding of information under Exemption 6. OHA found that Exemption
6 was properly applied.
Nathaniel Hendricks, 2/29/96, VFA-0129
Nathaniel Hendricks filed a Motion for Reconsideration of a
Decision and Order issued to him by the Department of Energy that the
remanded Appellant's Freedom of Information Act request to the DOE's
Office of Environment, Safety and Health (DOE/EH). In the
reconsideration Motion, the Appellant presented new material that
required a further search by the Chicago Operations Office. The DOE
granted the Motion and remanded the matter to the Chicago Operations
Office for further action.
Personnel Security Hearing
Oakland Operation Office, 2/26/96, VSO-0072
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 C.F.R. Part 710. The Hearing Officer
found that the derogatory information presented under 10 C.F.R.
Sec. 710.8(1) established that the individual misappropriated
government property (a drill and some computer parts) and that he
offered an explanation to a security guard concerning the drill that
was not truthful. The Hearing Officer found that the individual
presented sufficient evidence to mitigate this derogatory information.
Specifically, the Hearing Officer found that the individual had
demonstrated that he intended only to briefly borrow the drill, and
that he had removed the computer parts from the laboratory for a
legitimate government purpose. The Hearing Officer also found that the
individual had relied on a perceived tolerance by the laboratory for
the borrowing of property when he failed to obtain proper authorization
for the off site use of these articles. The Hearing Officer found that
the individual's untruthful statement to the security guard was
mitigated by the individual's excitement, fatigue, and mental confusion
at the time the statement was made. Finally, the Hearing Officer found
that the individual had demonstrated an ability and willingness to
comply fully with the requirements of laboratory policy regarding off
site use laboratory property subsequent to these events. Accordingly,
the Hearing Officer concluded that the individual's access
authorization should be restored.
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.
AMERICAN ORIGINAL CORPORATION/BORDEN, INC................ RK272-3239 02/27/96
ARAVA NATURAL RESOURCES.................................. RK272-2715 02/27/96
ATLANTIC RICHFIELD COMPANY/SOUTH BAY PLAZA CAR WASH ET AL RF304-13347 02/29/96
CAROLINA AIRCRAFT, INC. ET AL............................ RF272-90648 02/26/96
DADE COUNTY PUBLIC SCHOOLS DEPARTMENT OF TRANSPORTATION.. RJ272-00007 02/27/96
DOWNEAST AIRLINES, INC. ET AL............................ RF272-97951 02/27/96
EARLE M. JORGENSEN COMPANY............................... RR272-227 02/26/96
ETHEL GOLDHAHN ET AL..................................... RK272-01101 02/27/96
GULF OIL CORPORATION/NEICE'S GULF ET AL.................. RF300-16632 02/26/96
INTERNATIONAL FLAVORS & FRAGRANCES....................... RR272-211 02/26/96
INTERNATIONAL FLAVORS & FRAGRANCES....................... RD272-14036
MEGALOPOLIS PROPERTY ASSOCIATION ET AL................... RF272-78604 02/29/96
SHARON STEEL CORPORATION................................. RC272-334 02/26/96
VILLAGE OF HAZEL CREST ET AL............................. RK272-2850 02/26/96
WILLIAM M. HART ET AL.................................... RK272-2689 02/26/96
Dismissals
The following submissions were dismissed:
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Name Case No
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AIR PARK ASSOCIATES..................................... RF300-20370
ALASKA COASTAL AIRLINES................................. RF272-97991
DICKMAN AVIATION SERVICES, INC.......................... RF272-97998
ED'S GULF............................................... RF300-13495
ED'S GULF............................................... RF300-13043
GOVERNMENT ACCOUNTABILITY PROJECT....................... VFA-0134
JOHN C. MANCHESTER, INC................................. RF300-20307
NEW YORK TIMES.......................................... RF272-78117
PROVIDENCE JOURNAL CO................................... RF272-78127
TUCKER OIL CO........................................... RF304-15340
[[Page 49132]]
VIC'S MONTEREY ARCO..................................... RF304-15405
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[FR Doc. 96-23888 Filed 9-17-96; 8:45 am]
BILLING CODE 6450-01-P
