[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: 94-1382]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders; Week of October 25 Through 
October 29, 1993

    During the week of October 25 through October 29, 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

Dr. Armen Victorian, 10/27/93, LFA-0323

    Dr. Armen Victorian filed an Appeal from a partial denial by the 
Albuquerque Operations Office of a Request for Information which Dr. 
Victorian had submitted under the Freedom of Information Act (the 
FOIA). In considering the Appeal, the DOE found that one document which 
was initially withheld under Exemption 5 contained only one 
deliberative paragraph, and the rest of the document should be released 
to the public. An important issue that was considered in the Decision 
and Order was the application of the new Department of Justice policy 
which recommends discretionary disclosures when possible, and limits 
the defense of FOIA appeals to cases where the agency can reasonably 
foresee harm from the public disclosure of requested information. 
Because the DOE found no foreseeable harm from the release to the 
public of the non-deliberative material, the Appeal was granted.

Natural Resources Defense Council, 10/26/93 KFA-0043

    Natural Resources Defense Council (NRDC) filed an Appeal from a 
denial by the Albuquerque Operations Office of a request for 
information that it filed under the Freedom of Information Act (FOIA). 
In considering the information that was withheld, pursuant to a review 
by the DOE's Office of Classification, as classified material under 
Exemption 3 of the FOIA, the DOE determined that a small portion of 
previously withheld material could now be released as the result of 
more precise deletions. The remaining withheld material continues to be 
properly classified under Exemption 3, and under Exemption 1 as well, 
and therefore may not be released. Accordingly, the Appeal was granted 
in part and denied in part.

Refund Applications

Atlantic Richfield Company/Peckhan Materials Corporation, 10/29/93, 
RF304-13720

    The DOE issued a Decision and Order granting an Application for 
Refund filed on behalf of the Peckham Materials Corporation (Peckham) 
in the Atlantic Richfield Company Subpart V special refund proceeding 
(Case No. RF304-13720). The Peckham Application for Refund was based 
upon purchases of 12,000,000 gallons of liquid asphalt for end-use. 
However, cost escalation contract provisions covered approximately 26.5 
percent of Peckham's purchases of asphalt in 1974. Because Peckham was 
not injured in those instances in which cost adjustment clauses were in 
effect, they are ineligible to receive refunds for the purchases 
covered by such clauses. Therefore, the purchases that formed the basis 
for the refund request, i.e., 12,000,000 gallons, were reduced by 26.5 
percent (3,180,000 gallons) for which Peckham received compensation 
under price adjustment clauses. Based upon purchases of 8,820,000 
gallons of liquid asphalt, Peckham was granted a refund of $10,911, 
representing $6,483 in principal and $4,428 in interest.

M & M Transportation Co., 10/28/93, RF272-90211

    LK, Inc. filed an Application for Refund in the crude oil refund 
proceeding with respect to purchases made by M & M Transportation 
Company (M&M), a bankrupt firm. In support of its claim, LK submitted 
an Assignment by which M&M transferred its rights to crude oil refunds 
to LK. In considering the application, the DOE found that granting the 
refund would be consistent with the restitutionary purposes of the 
crude oil refund proceeding. Accordingly, the application was approved 
and LK was granted a refund of $10,676.

Texaco Inc./ Cook & Cooley, Inc., 10/28/93, RF321-19434

    The DOE issued a Decision and Order granting an Application for 
Refund filed by Triton Fuel Group, Inc. (Triton) in the Texaco Inc. 
special refund proceeding based on the purchases of Cook & Cooley, Inc. 
(C&C), a reseller of Texaco products. On June 28, 1991, Triton 
purchased the assets of C&C, and assumed all of the corporation's 
business operations. The DOE found Triton was entitled to a refund 
based on C&C's purchases because the agreement regarding the sale 
specifically transferred the right to potential refunds in the Texaco 
proceeding. Triton requested a refund equal to C&C's full allocable 
share for its motor gasoline purchases. In support of its claim of 
injury above the medium-range presumption level, the firm submitted 
information both to demonstrate that C&C had accumulated positive cost 
banks by April 1980, the end of the regulatory banking period for motor 
gasoline, and to show that it was competitively disadvantaged by its 
Texaco purchases. Based on the competitive disadvantage data, the DOE 
concluded that Triton was entitled to a refund based on its above-
market price volumetric share for C&C's purchases of regular gasoline, 
and a refund equal to C&C's pro rated allocable share for its purchases 
of premium and unleaded motor gasoline. The total refund amount granted 
was $607,098 ($442,749 principal and $164,349 interest).

Texaco Inc./ M & M Transportation Co., 10/28/93, RF321-17431

    LK, Inc. filed an Application for Refund in the Texaco refund 
proceeding with respect to purchases made by M & M Transportation 
Company (M&M), a bankrupt firm. In support of its claim, LK submitted 
an Assignment by which M&M transferred its rights to crude oil refunds 
to LK. In considering the application, the DOE found that, since the 
Assignment unambiguously referred to crude oil refunds, it did not 
convey to LK the right to apply for a product refund in the Texaco 
proceeding. The DOE also determined that LK's payment of $5,000 for 
potential refunds totalling more than $28,000 was unconscionably low. 
Accordingly, LK's refund application was denied.

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/A.V. Rivest  RF304-14336             10/29/93
 Oil Co..                                                               
Atlantic Richfield Company/Bud's Arco   RF304-14415             10/26/93
 et al.                                                                 
Atlantic Richfield Company/McLaughlin   RF304-14146             10/28/93
 & Lester et al.                                                        
Beacon Oil Company/Dick Huizenga        RF238-81                10/28/93
 Trucking.                                                              
Santa Fe Rock & Sand..................  RF238-82                        
FMC Corporation.......................  RF238-83                        
Mont La Salle Vineyards...............  RF238-84                        
Contel Corp. et al....................  RF272-65489             10/29/93
Elkhart Community Schools.............  RF272-87659             10/28/93
Gulf Oil Corporation/Carr Oil Company.  RR300-102               10/28/93
Carr Oil Company......................  RR300-103                       
Carr Oil Company......................  RR300-104                       
Gulf Oil Corporation/Gaines Gulf        RF300-15198             10/26/93
 Service Station et al.                                                 
Gulf Oil Corporation/Netzley Oil Co.,   RF300-20065             10/28/93
 Inc..                                                                  
Gulf Oil Corporation/Paramus Gulf,      RF300-19517             10/29/93
 Inc. et al.                                                            
Murphy Oil Corp./U.S.S. Agri-Chemicals  RF309-990               10/28/93
Murphy Oil Corp./Wisconsin Industrial   RF309-1427              10/29/93
 Fuel Oil, Inc..                                                        
Nixa School District R-II et al.......  RF272-80203             10/26/93
Q-Mart Food Stores....................  RF272-91391             10/28/93
Randolph Central School Corp. et al...  RF272-81818             10/26/93
Texaco Inc./Neon Inc..................  RF321-19938             10/26/93
Town of Shrewsbury....................  RF272-76197             10/28/93
Waco Independent School District......  RF272-87987             10/26/93
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Dismissals

    The following submissions were dismissed: 

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                       Name                               Case No.      
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Brooks County......................................  RF272-89279        
Canton School Dist. 41-1...........................  RF272-82350        
Cornell CC School District 426.....................  RF272-78954        
Ed's Arco..........................................  RF304-14300        
Jimco, Incorporated................................  RF321-15636        
North Olmsted City School District.................  RF272-89272        
Orrison Distribution...............................  RF321-17472        
Pleasant Valley Sch. Dist. 62......................  RF272-82209        
Quick Shop, Inc....................................  RF300-21685        
The Flintkote Company..............................  RF321-15597        
Truman School District.............................  RF272-78831        
Village of Hennepin................................  RF272-74123        
Weicker Transfer & Storage.........................  RF321-15680        
Western Consumers Industries.......................  RF321-15605        
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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 1:00 
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: January 13, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-1382 Filed 1-19-94; 8:45 am]
BILLING CODE 6450-01-P