[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: 94-1383]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders During the Week of November 15 
Through November 19, 1993

    During the week of November 15 through November 19, 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

James L. Schwab, 11/19/93, LFA-0327

    James L. Schwab filed an Appeal from a denial by the Albuquerque 
Operations Office 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 Albuquerque had conducted a reasonable 
search of the paper and computer files likely to contain the requested 
material. Important issues that were considered in the Decision and 
Order were (i) the adequacy of a ``string search'' of computer records 
under the FOIA and (ii) the existence of any responsive material.

Professional Services Unified, Inc., 11/19/93, LFA-0328

    Professional Services Unified, Inc. (PSU) filed an Appeal from a 
determination issued to it on October 14, 1993 by the Freedom of 
Information Officer (Officer) of the Idaho Field Office of the 
Department of Energy (DOE). In that determination, the Officer denied 
part of a request for information filed by PSU pursuant to Exemption 4 
of the Freedom of Information Act. Specifically, the Officer denied 
PSU's request for copies of unit price information from unsuccessful 
bidders in a DOE contract solicitation for janitorial supplies and 
services. In considering the Appeal, the DOE determined that more 
information must be obtained before a proper determination could be 
made. Accordingly, the DOE remanded the case to the Officer to solicit 
opinions from the unsuccessful bidders and then issue a new 
determination regarding the releasability of the unit price 
information.

Refund Applications

Texaco Inc./Energy Sales, Inc., Southern Missouri Oil Company, 11/18/
93, RF321-15874, RF321-19951

    On March 4, 1991, the DOE issued a Decision and Order in the Texaco 
Inc. refund proceeding concerning an Application for Refund filed by 
Southern Missouri Oil Company (SMOC), a Texaco jobber. The amount of 
that refund was based in part upon SMOC's claim that it owned another 
firm, Energy Sales, Inc. (ESI), and the volume of ESI's purchases. 
Subsequently, another applicant, David Montgomery, filed an application 
in which he claims to own 75 percent of ESI's corporate stock.
    The DOE found that SMOC never owned an interest in ESI and that the 
owner of SMOC had sold his shares of ESI to Mr. Montgomery. The DOE 
also found that ESI has been dissolved. The DOE noted that generally 
where the Texaco purchases were made by a corporation, the right to the 
refund remains with the corporation even though the shares of the 
corporation might be transferred to another party. Where the 
corporation has been dissolved, the owners at the time of dissolution 
are usually entitled to the refund.
    Accordingly, the DOE found that SMOC should repay, with interest, 
that portion of its refund attributable to purchases made by ESI. The 
DOE also found that Mr. Montgomery should be granted 75 percent of 
ESI's refund.

Texaco Inc./Texaco Star Inn, Star Inn Truck Stop, 11/18/93, RF321-
14936, RF321-19679

    The DOE issued a Decision and Order concerning two Applications for 
Refund filed in the Texaco Inc. Subpart V special refund proceeding on 
behalf of Texaco Star Inn (Star Inn), a truckstop located in Victor, 
Iowa and operated by Bell-Watcher, Inc. (Bell-Watcher). One application 
(RF321-14936) was filed by Fritz Milner, the president and a current 
stockholder of Bell-Watcher. The other application (RF321-19679) was 
filed by Gerald Devine, a former stockholder of Bell-Watcher. Devine 
based his claim to a refund upon his allegation that Milner owes him a 
substantial amount for the purchase of Bell-Watcher's shares. We found 
that Devine's dispute with Milner over payment of the purchase price is 
between Devine and Milner personally, not between Devine and Bell-
Watcher, and the dispute does not affect Bell-Watcher's right to the 
refund. Although Milner requested that the Bell-Watcher refund be sent 
to its creditor, Poweshiek County Savings Bank (Poweshiek). The DOE 
determined that the refund should be paid to Bell-Watcher. Accordingly, 
the DOE denied the application filed by Devine and granted the 
application filed by Milner on behalf of Bell-Watcher.

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. 

                                                                                                                
                                                                                                                
                                                                                                                
Enron Corp./Stone's Propane and Applicances Inc..............................  RF340-53                 11/19/93
Blass L.P Gas, Inc...........................................................  RF340-80                         
Gulf Oil Corporation/Abernathy Oil Company...................................  RF300-20092              11/18/93
Gulf Oil Corporation/Cogan's Gulf Service....................................  RF300-16325              11/19/93
Linn Coop Oil Company et al..................................................  RF272-90503              11/18/93
Riverside Linen Supply.......................................................  RC272-216                11/18/93
Shell Oil Company/Bob's Shell................................................  RF315-10097              11/15/93
Shell Oil Company/Gerald Day.................................................  RF315-6226               11/16/93
Wyckoff Company..............................................................  RF315-10000                      
Haysland Shell Service Station...............................................  RF315-10093                      
Shell Oil Company/Hector M. Andujar Narvaez..................................  RF315-9334               11/16/93
Antonio Rodriguez Rivera.....................................................  RF315-9346                       
Texaco Inc./Billy's Texaco...................................................  RR321-136                11/18/93
Texaco Inc./Little Rock Texaco Truck Center et al............................  RF321-17067              11/18/93
Texaco Inc./Mike Geeding et al...............................................  RF321-4440               11/15/93
Town of Somers, Connecticut et al............................................  RF272-88568              11/18/93
Vassar Public Schools et al..................................................  RF272-81935             11/15/93 


Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                        Name                               Case No.     
------------------------------------------------------------------------
8 and Hoyt Service..................................  RF321-14194       
Abbe's Texaco.......................................  RF321-18373       
Bob Moore Texaco....................................  RF321-10318       
Darigold, Inc.......................................  RF321-14809       
Delmar Haynes Pontiac-GMC, Inc......................  RF321-13820       
Dewitt's Texaco.....................................  RF321-17972       
Eugene Farmers Creamery.............................  RF321-15735       
Fletcher's Texaco...................................  RF321-14736       
Gene's South End Texaco.............................  RF321-14721       
Gene's Texaco.......................................  RF321-13868       
Hooker's Texaco Service.............................  RF321-12085       
Ken's Texaco........................................  RF321-13788       
Lawson Company......................................  RF315-677         
McCormick's Shell...................................  RF315-343         
Nanuet Texaco.......................................  RF321-11686       
Northgate Shell.....................................  RF315-7867        
Pons Gulf...........................................  RF300-18306       
Reames Petroleum....................................  RF321-14825       
Reher's Service.....................................  RF315-953         
Renton Hills Texaco.................................  RF321-18360       
Scott's Texaco......................................  RF321-13895       
Scott's Texaco......................................  RF321-13894       
Sunset Texaco.......................................  RF321-13863       
Valders School District.............................  RF272-82085       
------------------------------------------------------------------------


    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. 94-1383 Filed 1-19-94; 8:45 am]
BILLING CODE 6450-01-P