[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1381]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders; Week of October 11 Through 
October 15, 1993

    During the week of October 11 through October 15, 1993, the 
decisions and orders summarized below were issued with respect to 
appeals and applications for 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.

Appeals

Deborah L. Abrahamson, 10/12/93, LFA-0321

    On September 13, 1993, Deborah L. Abrahamson filed an Appeal from a 
determination issued to her by the DOE's Office of Personnel in 
response to a request submitted by Ms. Abrahamson under the Freedom of 
Information Act (FOIA). In that determination, the Office of Personnel 
released some documents and withheld others pertaining to the position 
of Management Analyst at the Superconducting Super Collider Project 
Office (SSCPO), a position for which Ms. Abrahamson had been a 
candidate. In considering the Appeal, the DOE found that the Office of 
Personnel did not adequately justify its determination to withhold 
documents on the basis of Exemption 5 of the FOIA. Accordingly, the DOE 
held that the determination should be remanded to the Office of 
Personnel for a further determination. In addition, Ms. Abrahamson 
questioned the adequacy of the Office of Personnel's search for 
information claiming that additional information should exist. The DOE 
determined that the Office of Personnel's search was reasonably 
calculated to locate any information requested by Ms. Abrahamson. 
Therefore, the Appeal was granted in part.

National Security Archive, 10/13/93, LFA-0223

    The National Security Archive appealed a denial by the Director of 
the Office of Classification of a request for information that it filed 
pursuant to the Freedom of Information Act. The Director had determined 
that portions of a document pertaining to espionage activities during 
the 1960's by Lt. Col. W.H. Whaelen should be withheld pursuant to 
Exemptions 1 and 3 because the information was classified. After 
reviewing the document on appeal, the DOE determined that the withheld 
information remained classified. Accordingly, the Appeal was denied.

Native Americans for Clean Environment, 10/13/93, LFA-0319

    Native Americans for a Clean Environment (NACE) filed an Appeal 
from a determination issued to it by the Acting Director of the 
Savannah River Program Division of the DOE's Office of Environmental 
Restoration. The determination denied, in part, a Request for 
Information which NACE submitted under the Freedom of Information Act 
(FOIA). NACE requested all records regarding proposals made to the DOE 
for the processing of depleted uranium hexafluoride. The Director 
released two responsive documents and withheld another in its entirety. 
In its Appeal, NACE argued that a complete search had not been made to 
uncover all responsive documents. In considering the Appeal, the DOE 
found that NACE's request had not been transmitted to or processed by 
the DOE Headquarters FOIA Officer at the Freedom of Information and 
Privacy Branch of the Office of Administrative Services as mandated by 
the DOE's FOIA regulations. In light of this fact, the DOE determined 
that it was possible that a complete search had not been performed for 
responsive documents. Consequently, the DOE remanded the matter to the 
Freedom of Information and Privacy Branch of the Office of 
Administrative Services to issue a new determination regarding NACE's 
FOIA request.

Ronald A. Sorri L&M Technologies, Inc., Ronald A. Sorri, 10/15/93, LWD-
0008 LWD-0009 LWX-0011

    Ronald A. Sorri (Sorri) and L&M Technologies, Inc. (L&M) filed 
requests for discovery with the DOE's Office of Hearings and Appeals 
(OHA) on September 24 and 27, 1993, respectively. These motions 
concerned the hearing requested by Sorri under the DOE's Contractor 
Employee Protection Program. In considering the two motions, the OHA 
found that both discovery requests were reasonable and that they were 
designed to yield evidence that was relevant and material to the 
alleged retaliatory discharge issue in this case. The OHA further found 
that it was not unduly burdensome on either L&M or Sandia National 
Laboratories to produce the requested documents. Accordingly, the 
Motions for Discovery were granted. In addition to ruling on the 
discovery motions, and in a Supplemental Order, the OHA established 
procedures for the submission of exhibits before the hearing, and set 
the order of witnesses.

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. 

Atlantic Richfield Company/Gus Budin    RF304-12624             10/12/93
 ET AL.                                                                 
Bonitz Insulation Co. of SC et al.....  RF272-86051             10/13/93
Brocket Oil Cooperative Farmers Union   RF272-87004             10/12/93
 Oil Co. Berthold/Carpio.               RF272-87990                     
Grayslake High Schl. Dist. et al......  RF272-81809             10/15/93
Gulf Oil Corporation/Circle Syracuse    RF300-20847             10/13/93
 Taxi.                                                                  
Circle Syracuse Taxi..................  RF300-21755          ...........
Gulf Oil Corporation/East China School  RF300-19669             10/13/93
 Dist. et al.                                                           
Gulf Oil Corporation/Schmidt Baking     RF300-20093             10/12/93
 Company, Inc..                                                         
Northwood Local Schools et al ........  RF272-87137             10/15/93
Texaco Inc./Columbia Gas Transmission.  RF321-15562             10/15/93
Haley Bros. Inc.......................  RF321-17543          ...........
Texaco Inc./Limewood Corp. et al......  RF321-2360              10/12/93
Town of Great Barrington Massachusetts  RF272-88424            10/13/93 
 et al.                                                                 
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Dismissals
    The following submissions were dismissed: 

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                        Name                               Case No.     
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Amador County Unified..............................  RF272-81938        
Denver Oil Co......................................  RF321-19908        
Don's Texaco.......................................  RF321-19542        
Elliott Petroleum Company..........................  RF340-97           
Gain Oil Co........................................  RF321-19909        
Gray Butane Wholesalers, Inc.......................  RF340-75           
Intsel Corporation.................................  RF340-87           
M.M. Fowler Co.....................................  RF300-21491        
New Baltimore Fuel & Supply, Inc...................  RF321-19907        
Sherman Central School.............................  RF272-83002        
Wall Shell Service, Inc............................  RF315-9143         
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    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 
p.m. and 5 p.m., except federal holidays. They are also available in 
Energy Management: Federal Energy Guidelines, a commercially published 
loose leaf reporter system.

    Dated: January 13, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-1381 Filed 1-19-94; 8:45 am]
BILLING CODE 6450-01-P