[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)]
[Notices]
[Pages 49453-49455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24126]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders From the Week of
October 9 Through October 13, 1995
During the week of October 9 through October 13, 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
[[Page 49454]]
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 10, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 941
Appeals
Henry, Lowerre, Johnson, Hess & Frederick, 10/11/95, VFA-0079
Henry, Lowerre, Johnson, Hess & Frederick filed an Appeal from a
determination issued by the Department of Energy's Albuquerque
Operations Office (DOE-AL). The firm requested copies of documents
related to the Falls City, Texas Uranium Mill Tailings Remedial Action
site. In considering the Appeal, the Office of Hearings and Appeals
found that since two offices which might contain responsive information
were not searched, the search performed by DOE-AL was not adequate.
Accordingly, the Appeal was remanded to DOE-AL to perform a search of
two offices for responsive documents.
William H. Payne, 10/10/95, VFA-0076
William H. Payne filed an Appeal from a determination issued by the
Department of Energy's Albuquerque Operations Office (DOE-AL) in
response to a request from Mr. Payne under the Freedom of Information
Act (FOIA). Mr. Payne sought documents showing the employment dates and
names of all retired military personnel who were hired by Sandia
National Laboratories between 1979 and 1995. In considering the Appeal,
the Office of Hearings and Appeals found that DOE-AL did not perform an
adequate search that was reasonably calculated to uncover responsive
documents. Accordingly, the Appeal was remanded to DOE-AL for a new
search for responsive documents.
Personnel Security Hearings
Albuquerque Operations Office, 10/10/95, VSO-0031
An Office of Hearings and Appeals Hearing Officer issued an opinion
under 10 CFR Part 710 concerning the continued eligibility of an
individual for access authorization. After considering the testimony at
the hearing and all other information in the record, the Hearing
Officer found that the individual was a habitual user of alcohol to
excess and that the diagnosis of a board-certified psychiatrist that
the individual was alcohol-dependent was undisputed. The Hearing
Officer also found that the individual had failed to present sufficient
evidence of rehabilitation or reformation. Moreover, the Hearing
Officer found that the individual had failed to mitigate the security
concerns surrounding his use of cocaine. In particular, the Hearing
Officer found that the individual's use of cocaine was inextricably
intertwined with the individual's alcohol use and that since the
individual was not rehabilitated or reformed from his alcohol use there
was a danger that the individual would again use cocaine. Accordingly,
the Hearing Officer recommended that the individual's clearance should
not be restored.
Albuquerque Operations Office, 10/13/95, VSO-0036
A Hearing Officer recommended that access authorization not be
restored to an employee whose access was suspended due to evidence of
alcohol abuse and criminal behavior. The Hearing Officer found the
employee had not shown sufficient evidence of rehabilitation from
alcohol abuse or reformation from violent criminal behavior to mitigate
valid security concerns.
Albuquerque Operations Office, 10/10/95, VSO-0042
An Office of Hearings and Appeals Hearing Officer issued an opinion
addressing the continued eligibility of an individual for access
authorization under the provisions of 10 CFR Part 710. After
considering the record of the proceeding in view of the standards set
forth in Part 710, the Hearing Officer found that the Albuquerque
Operations Office of the DOE had presented sufficient evidence to show
that the individual was a user of alcohol habitually to excess. The
Hearing Officer also found that the individual had submitted no
evidence of rehabilitation or reformation to mitigate the security
concerns of the DOE. Accordingly, the Hearing Officer's opinion
recommended that the individual's access authorization not 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.
City-Elite Laundry Company............................... RK272-266 10/13/95
Thrift Transfer Inc...................................... RK272-267 ..............
Warner & Smith Motor Freight............................. RK272-268 ..............
Farmers Union Oil Co. et al.............................. RF272-86740 10/12/95
John A. Allison et al.................................... RK272-13 10/13/95
Severance Truck Line..................................... RF272-78468 10/11/95
U.S. Army Corps of Engineers............................. RF272-30444 10/13/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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Albuquerque Operations Office................ VSO-0055
Christman Air System......................... RF272-98762
Global Van Lines Co.......................... RF272-89513
Gray Lines of Reno........................... RF272-89130
Howard Bush's Texaco #1...................... RF321-10623
Jeffrey R. Leist............................. LFA-0083
Keith E. Loomis.............................. VFA-0080
Motor Coach Speciality....................... RF272-89131
National Marine Service, Inc................. RF321-19956
Pine Eagle Farmers Coop...................... RF272-86664
Service Trucking, Inc........................ RF272-89163
[[Page 49455]]
Waite, Schneider, Bayless, & Chesley Co., VFA-0077
L.P.A.
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[FR Doc. 96-24126 Filed 9-19-96; 8:45 am]
BILLING CODE 6450-01-P
