[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:
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Name Case No.
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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
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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. 94-1383 Filed 1-19-94; 8:45 am]
BILLING CODE 6450-01-P