[Federal Register Volume 61, Number 172 (Wednesday, September 4, 1996)]
[Notices]
[Pages 46640-46641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22491]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals; Week of July 17 through July 21, 1995
During the week of July 17 through July 21, 1995, the decisions and
orders summarized below were issued with respect to appeals and
applications for exception or other relief 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, S.W.,
Washington, D.C. 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.
Dated: August 19, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
Request for Exception
Big Little Stores, Inc., 7/19/95, VEF-0005
Big Little Stores, Inc., filed an Application for Exception from
the Energy Information Administration requirement that it file Form
EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum Product Sales
Report.'' In considering this request, the DOE found that the firm was
not suffering gross inequity or serious hardship. Therefore, the DOE
denied the Big Little Stores' Application for Exception.
Implementation for Special Refund Procedures
Western Asphalt Service, Inc., et al., 7/17/95 LEF-0047 et al.
The DOE issued a Decision and Order implementing procedures for the
distribution of $29,376,255.50 (plus accrued interest) obtained from
Western Asphalt Service, Inc., Gray Trucking Company, William Valentine
& Sons, Inc., Dorchester Master Limited Partnership, Howell
Corporation, Placid Oil Company, Eton Trading Corporation. These funds
were remitted by each firm to the DOE to settle possible pricing
violations with respect to sales of crude oil. The DOE determined that
these monies will be distributed in accordance with the DOE's Modified
Statement of Restitutionary Policy Concerning Crude Oil Overcharges.
Under that policy, 20% will be reserved for injured purchasers of
refined products, 40% will be distributed to the federal government,
and 40% to the states.
Personnel Security Hearing
Albuquerque Operations Office, 7/21/95, VSO-0023, VSZ-0003, VSZ-0004
A 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 C.F.R. Part 710. As
preliminary matters, a motion to dismiss the proceeding for lack of
authority and a motion to strike certain documentary evidence were
denied. The Hearing found that although the individual has used
marijuana a limited number of times over a 20-year period, his
subsequent rehabilitation from that behavior mitigated the DOE's
security concerns. The Hearing Officer also found, however, that the
individual had misrepresented his marijuana use to the DOE by omitting
significant information from forms and at interviews, and that the
DOE's security concerns regarding this behavior were not overcome by
any mitigating factors. Accordingly, the Hearing Officer found that the
individual's access authorization should 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 OF CANTON........................................... RF272-97125 07/17/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-12 07/17/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-21 07/17/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-19 07/17/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-23 07/19/95
CRUDE OIL SUPPLEMENTAL REFUND............................ RB272-28 07/19/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-26 07/19/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION............... RB272-16 07/20/95
DALCO PETROLEUM, INC./GREAT PLAINS GAS................... RF248-13 07/17/95
DALE TRACY ET AL......................................... RK272-81 07/19/95
M.S.A.D. #29 ET AL....................................... RF272-86541 07/19/95
MARION COUNTY, KY ET AL.................................. RF272-95475 07/19/95
McLOUD SCHOOL DISTRICT, OKLAHOMA ET AL................... RF272-95451 07/19/95
METROPOLITAN PETROLEUM & FUEL/ZINN COMPANIES, INC........ RF349-21 07/19/95
MOHASCO CARPET CORPORATION............................... RC272-308 07/17/95
MOHAWK COMMERCIAL CARPET................................. RC272-309
MOHASCO CARPET CORPORATION............................... RC272-310
SUPERIOR KNITS ET AL..................................... RF272-77524 07/20/95
TEXACO INC./ROOSEVELT TEXACO ET AL....................... RF321-12899 07/19/95
TOMS RIVER SCHOOLS ET AL................................. RF272-86349 07/19/95
Dismissals
The following submissions were dismissed:
[[Page 46641]]
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Name Case No.
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BUCK'S TRUCK STOP, INC....................... RF315-10189
CITY OF SANGER............................... RF272-96104
KALAMA CHEMICAL, INC......................... RF272-90203
McREE TEXACO & DRIVE IN GROCERY.............. RF321-14130
OLD TOWN PLAZA SERVICE STATION............... RF304-14463
RICHMOND, FREDERICKSBURG, AND POTOMAC RF321-14111
RAILROAD CO..
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[FR Doc. 96-22491 Filed 9-3-96; 8:45 am]
BILLING CODE 6450-01-P