[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Notices]
[Pages 49322-49323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24025]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders; Week of January 15
Through January 19, 1996
During the week of January 15 through January 19, 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 20585-0107, 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
Dennis McQuade, 1/16/96, VFA-0092
Dennis McQuade filed an Appeal from determinations issued by
several DOE Offices concerning personnel problems at the Oak Ridge
Operations office. In considering the Appeal, the DOE found that (1)
documents created as a result of a personnel inquiry were not properly
withheld under FOIA Exemption 7(C) & (D) because they were not law
enforcement records; (2) documents may not be withheld under Exemption
6 unless the privacy interest in the withheld information outweighs the
public interest in the release of the information; and (3) names and
negative information about individuals were properly withheld under
FOIA Exemption 6.
Jeffrey R. Leist, 1/18/96, VFA-0107
Jeffrey R. Leist filed an Appeal from a determination issued to him
on November 15, 1995 by the Manager of the Ohio Field Office of the
Department of Energy (DOE). In that determination, the Manager
partially denied a request for information filed by Mr.Leist pursuant
to a Freedom of Information Act request. Specifically, the Manager
provided Mr. Leist with a copy of an employee list responsive to a part
of Mr. Leist's request, but he redacted all names in accordance with
Exemption 6 of the FOIA. Furthermore, the Manager was unable to locate
any documents responsive to another part of Mr.Leist's request. In
considering the Appeal, the DOE determined that the Manager properly
withheld the names of employees from disclosure. With regard to the
inability of the Manager to locate additional responsive documents, the
DOE determined that the Manager is in the process of reviewing an
amended request provided by Mr. Leist. Accordingly, the DOE directed
the Manager of the Ohio Field Office to complete his review of Mr.
Leist's amended request and send to Mr. Leist any responsive documents
he may find or state the reasons why any responsive documents are
exempt from mandatory disclosure. Since the DOE determined that
Exemption 6 was otherwise properly applied to the names of employees,
the Appeal was denied in all other respects.
Vectra Government Services, Inc., 1/18/96 VFA-0097
VECTRA Government Services filed an Appeal from a determination
issued by the Rocky Flats Field Office concerning a procurement. In
considering the Appeal, the DOE found that Rocky Flats properly
withheld the evaluative portion of the Source Evaluation Board Report
(SEB) under FOIA Exemption 5. DOE also held that the search conducted
by Rocky Flats for documents concerning whether the SEB selection was
overridden was adequate.
William Kuntz III, 1/16/96, VFA-0105
William Kuntz III filed an Appeal from a determination issued to
him on November 3, 1995 by the Department of Energy's Albuquerque Field
Office (DOE/AL). In that determination, the DOE/AL denied a request for
information filed by Mr. Kuntz on October 12, 1995, under the Freedom
of Information Act (FOIA). The DOE/AL stated the records sought by Mr.
Kuntz are ``agency records,'' and thus are not subject to the FOIA. In
his Appeal, Mr. Kuntz challenged DOE/AL denial of the requested
information and asked the OHA to direct DOE/AL to release the requested
information. In considering the Appeal, the Office of Hearings and
Appeals found that the records sought by Mr. Kuntz are neither ``agency
records'' within the meaning of the FOIA, nor subject to the FOIA under
the DOE regulations. Therefore, the Department of Energy denied Mr.
Kuntz's Appeal.
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.
ABBOTT TRUCKING, INC..................................... RF272-78473 01/16/96
ALDEN ASSOCIATES......................................... RK272-242 01/16/96
AMERICAN ENKA COMPANY, ET AL............................. RF272-77453 01/16/96
CARLETON G. WHITAKER, INC., ET AL........................ RK272-883 01/16/96
CRUDE OIL SUPPLE. REFUND DIST............................ RB272-59 01/16/96
DANIEL INTERNATIONAL CORP., ET AL........................ RF272-86103 01/16/96
GOLDEN CAT DIVISION/RALSTON PURINA COMPANY............... RK272-319 01/16/96
GULF OIL CORPORATION/WOOD RIVER OIL & REFINING........... RF300-13355 01/16/96
HOME LINES CRUISES, INC.................................. RK272-259 01/16/96
ICI EXPLOSIVES, ET AL.................................... RK272-00550 01/17/96
MOSCOW SCHOOL DISTRICT #281, ET AL....................... RF272-99100 01/17/96
NORANDEX, INC., ET AL.................................... RK272-2827 01/16/96
SIOUX TRANSPORTATION..................................... RF272-78493 01/17/96
SPIRIT OF AMERICA AIRLINES............................... RF272-97968 01/16/96
DAL JET INC.............................................. RF272-97979
Dismissals
The following submissions were dismissed:
[[Page 49323]]
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Name Case No.
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AUTOMATIC GAS COMPANY, INC................... RF304-14250
DISCOUNT FUEL................................ LEE-0090
DIXIE ELECTRIC MEMBERSHIP CORP............... RF272-78389
FRANK THOMPSON TRANSPORT..................... RF272-78153
IDAHO OPERATIONS OFFICE...................... VSO-0070
MCDONALD & DONOVAN HEATING................... RF304-15001
NATIONAL FRUIT PRODUCT COMPANY............... RF272-78120
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[FR Doc. 96-24025 Filed 9-18-96; 8:45 am]
BILLING CODE 6450-01-P
