[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Notices]
[Pages 49765-49767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24294]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders; Week of July 8
Through July 12, 1996
During the week of July 8 through July 12, 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.
[[Page 49766]]
Dated: September 11, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Decision List No. 980
Appeals
Burlin McKinney, 7/9/96, VFA-0177
Burlin McKinney (McKinney) filed an Appeal from a denial by the
Department of Energy's Office of the General Counsel (OGC) of a Request
for Information which he had submitted under the Freedom of Information
Act (the FOIA). In considering the Appeal, the DOE found that the
document requested by McKinney, a memorandum prepared by the OGC
advising the Assistant Secretary for Environment, Safety and Health,
was an attorney-client, attorney work-product document exempt from
disclosure under Exemption 5 of the FOIA. Therefore, the Appeal was
denied.
William H. Payne, 7/10/96, VFA-0178
William H. Payne (Payne) filed an Appeal from a determination
issued to him by the Albuquerque Operations Office (AO) of the
Department of Energy (DOE). In his Appeal, Payne asserted that AO did
not conduct an adequate search for records he had requested pursuant to
the FOIA. The DOE determined that AO had conducted an adequate search
for records and Payne's Appeal was denied.
Personnel Security Hearing
Idaho Operations Office, 7/11/96, VSO-0087
Hearing Officer from the Office of Hearings and Appeals issued an
Opinion regarding the eligibility of an individual for access
authorization under the provisions of 10 CFR Part 710. After carefully
considering the record of the proceeding in view of the standards set
forth in Part 710, the Hearing Officer found that the individual's one-
time use of marijuana was unintentional and therefore did not raise a
significant security concern. The Hearing Officer found that the
individual's explanation of the incident was credible, and therefore,
that he did not falsify information when he provided this explanation
at his personnel security interview. The Hearing Officer also found
that although the individual had engaged in unusual conduct, he had
taken steps to prevent this conduct from recurring. Accordingly, the
Hearing Officer found that the individual's access authorization should
be restored.
Request for Exception
Boyd Jolley Company, 7/12/96, VEE-0006
Boyd Jolley Company filed an Application for Exception from the
requirement that it file the Energy Information Administration's form
entitled ``Resellers' Monthly Petroleum Product Sales Report'' (Form
EIA-782B). In considering this request, the DOE found that the firm did
not meet the standards for exception relief, as it was not experiencing
a serious hardship or gross inequity as a result of this reporting
requirement. Accordingly, exception relief was denied.
Refund Applications
Anderson/The States, Et Al., Standard Oil (Indiana)/West Virginia,
Belridge Oil Co./Rhode Island, Standard Oil (Indiana)/Rhode Island,
Charter Co./Mississippi, 7/12/96, RQ14-11, et al.; RM251-296; RQ8-608;
RQ251-609; RQ23-610
The DOE issued a Decision and Order disbursing all remaining second
stage funds, totaling $15,491,367, to eligible state energy
conservation offices. The funds are to be used to supplement other oil
overcharge funds, including funds obtained from the Stripper Well
Settlement Agreement, for various overcharge-related energy restitution
and conservation programs. The funds can be used by both state
governments and federally-recognized Indian Tribes. In addition, the
Decision rescinds a portion of a previous second-stage refund granted
to the State of Mississippi in the Charter special refund proceeding.
R.Y. Management, et al., 7/11/96, RG272-1001, et al.
The Office of Hearings and Appeals of the Department of Energy
(DOE) issued a Decision and Order dismissing three Applications for
Refund submitted in the crude oil overcharge refund proceeding
conducted under 10 CFR Part 205, Subpart V. The claims were dismissed
because they were filed after the deadline for submitting applications.
As published in the Federal Register on April 21, 1995, all
applications were to be postmarked by June 30, 1995.
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.
EASON OIL COMPANY/BRISCOE'S LP- RF352-3 07/10/96
GAS SERVICE, INC..
ATLANTIC RICHFIELD COMPANY..... RF352-8
HEINZ PET PRODUCTS ET AL....... RF272-92540 07/12/96
JOHN TINNEY DELIVERY SERVICE ET RF272-97708 07/10/96
AL.
MR. AND MRS. J.D. PIAR ET AL... RK272-03374 07/11/96
THE TIMKEN COMPANY............. RR272-136 07/10/96
U.S. TURBINE CORP. ET AL....... RG272-205 07/08/96
Dismissals
The following submissions were dismissed:
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Name Case No.
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ACME RESIN CORPORATION....................... RD272-58053
COPOLYMER RUBBER & CHEMICAL CORPORATION...... RD272-58418
DANIEL INTERNATIONAL CORPORATION............. RK272-3400
DIGITAL EQUIPMENT............................ RD272-58469
LEWISVILLE SHELL............................. RF315-5908
NATIONAL-STANDARD............................ RD272-17314
OXFORD AUTO SALES, INC....................... RF300-19946
REPUBLIC TAXI COMPANY........................ RD272-55465
SOUTHWEST OIL DISTRIBUTORS................... RF304-15427
THORNTON OIL COMPANY......................... RF304-15061
TIPTON SHELL................................. RF315-988
TRUCKSTOPS CORP. OF AMERICA.................. RF304-14293
[[Page 49767]]
UNITED TRUCK & BUS SERVICE................... RF300-21715
WASHINGTON PARISH............................ RF272-97762
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[FR Doc. 96-24294 Filed 9-20-96; 8:45 am]
BILLING CODE 6450-01-P
