[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: 94-1384]
[[Page Unknown]]
[Federal Register: January 20, 1994]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders During the Week of November 29
Through December 3, 1993
During the week of November 29 through December 3, 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
Concord Oil Company, 12/01/93, LFA-0331
Concord Oil Company (Concord) filed a Freedom of Information Act
(FOIA) Appeal from a determination issued by the Albuquerque Field
Office (AFO). The AFO released certain information to Concord following
a prior Decision. Concord Oil Company, 22 DOE 80,147 (1992). Concord
appealed the adequacy of the AFO's search. In its Appeal, Concord
maintained it never received a portion of that information, requested a
certain AFO employee be removed from additional FOIA requests, and
claimed the information received was an inadequate response to its
request. In considering the Appeal, the DOE contacted the AFO which
agreed to release another copy of the information Concord claimed it
never received. In addition, the DOE found that Concord's request to
remove a DOE employee from processing a pending FOIA request was not an
appealable issue pursuant to 10 C.F.R. Sec. 1004.8(a). Finally, the DOE
found that the information the AFO had released to Concord was an
adequate response to the request. The Appeal was, therefore, denied.
Kenneth H. Besecker, 12/1/93 LFA-0326
Kenneth H. Besecker filed an Appeal from a partial denial by the
Savannah River Operations Office (Savannah) of two Requests for
Information which he had submitted under the Freedom of Information
Act. In considering the Appeal, the DOE found that some of the
information that had initially been withheld under Exemption 5 was
factual in nature and therefore should be released to the public.
Accordingly, the appeal was granted.
Marlene Flor, 12/1/93, LFA-0334
Marlene Flor filed an Appeal from a determination issued by the
Office of Civil Rights (OCR) in which the OCR informed Ms. Flor that
there were no documents responsive to her Freedom of Information Act
request. In considering the Appeal, the DOE found that the OCR's
original search was adequate under the FOIA and reasonably calculated
to uncover responsive documents. The Appeal was therefore denied.
OXY USA, Inc., 12/1/93, LFA-0332
OXY USA, Inc. (OXY) filed an Appeal from a determination issued by
the DOE's Economic Regulatory Administration (ERA) in response to a
request from OXY under the Freedom of Information Act (FOIA). OXY
sought an ERA audit file as well as appointment books and telephone
records of certain ERA employees. In considering the Appeal, the DOE
found that ERA properly withheld the appointment books and telephone
records since they were not agency records subject to the FOIA.
Further, the DOE found that the ERA properly withheld portions of the
audit file under the deliberative process privilege but found that ERA
did not consider the memorandum of the Attorney General, Janet Reno.
Moreover, the DOE found that ERA properly searched its files for
responsive records. Accordingly, the Appeal was granted in part and
remanded, and denied in all other respects.
Refund Applications
Gulf Oil Corporation Van Doren Oil Co., 12/1/93, RF300-16187
The DOE issued a Decision and Order concerning an Application for
Refund filed in the Gulf Oil Corporation special refund proceeding by
Resource Refunds, Inc. (RRI), on behalf of Van Doren Oil Co. (Van
Doren). Van Doren had previously filed a refund application under Case
No. RF300-5013, claiming purchases of 13,907,176 gallons. Based on the
discovery of more accurate Gulf records, the purchase volume was
amended during processing of the application to 30,966,780 gallons. The
amended application was granted on February 16, 1989. In the subsequent
application filed by RRI, Case No. RF300-16187, RRI claimed that Van
Doren was entitled to a refund for 17,259,604 gallons which RRI
believed had not been included in the first refund. Since those gallons
had been included in the earlier application when it was amended, the
application filed by RRI was dismissed.
Shell Oil Company/Johnson LPG Sales Co., Highway Pipeline Company, HI-
JO Hydrocarbons, Inc., 11/30/93, RF315-9506, RF315-9879, RF315-10218
The DOE issued a Decision and Order granting Applications for
Refund filed in the Shell Oil Company special refund proceeding by
HJHC, Inc. on behalf of Johnson LPG Sales Co. (Johnson), Highway
Pipeline Company (Highway) and Hi-Jo Hydrocarbons (Hi-Jo). A single
Texas partnership owned both Highway and Johnson until they were
dissolved and re-incorporated in Hi-Jo. The stockholders of that
partnership owned Hi-Jo in the same proportions until the corporation
was dissolved and its assets (not including potential refunds) were
sold. The stockholders that owned Highway, Johnson, and Hi-Jo now own
the present claimant HJHC, Inc. in the same proportions. The DOE
determined that since the stockholders of the purchasing firms and
their proportions of ownership remained unchanged through the
dissolutions and re-incorporations described above, and since those
stockholders now own HJHC, Inc., in the same proportions, it was most
appropriate and efficient that any refunds be granted to HJHC, Inc.
Accordingly, the Johnson, Highway and Hi-Jo refunds were granted to
HJHC, Inc.
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.
Bradford Exempted RF272-80230............................................... 12/01/93
Village SD et al.
Cains Coffee RF272-74514............................................... 12/03/93
Company et al.
Cota & Cota, Inc... RF272-90880............................................... 12/01/93
Donco Carriers, Inc RF272-78471............................................... 11/30/93
Effingham County RF272-76182............................................... 12/03/93
Board of Education.
Exxon Corporation/ RF307-10217............................................... 12/01/93
Jeffrey B.
McCulloch.
Gulf Oil RF300-20538............................................... 11/30/93
Corporation/Eddins-
Walcher Co.
Troy C. Ison, Inc.. RF300-20711...............................................
Gulf Oil RF300-14376............................................... 12/03/93
Corporation/Gulf
Oil Service
Station.
Gulf Oil RF300-19527............................................... 12/03/93
Corporation/Heard
& Gilmer et al.
Gulf Oil RF300-14265............................................... 11/30/93
Corporation/Holida
y Gulf et al.
Gulf Oil RF300-20003............................................... 11/30/93
Corporation/Koonce
Service Station et
al.
Gulf Oil RF300-19756............................................... 12/03/93
Corporation/McMurr
ay Gulf.
McMurray & RF300-20094...............................................
Greenwell.
Gulf Oil RF300-15763............................................... 11/30/93
Corporation/Trexle
r Oil Co., Inc.
Gulf Oil RF300-18762............................................... 11/30/93
Corporation/Ventur
i Gulf et al.
Gulf Oil RF300-20075............................................... 12/01/93
Corporation/Wometc
o Vending et al.
Shell Oil Company/ RF315-6748................................................ 11/30/93
Salter Oil Company.
Scott's Shell RF315-8677................................................
Service.
Shell Oil Company/ RF315-983................................................. 12/03/93
Travelers Rest
Shell.
Texaco Inc./C.B. RF321-7200................................................ 12/03/93
Stone, Inc. et al.
Texaco Inc./Dunes RR321-138................................................. 12/01/93
Center Service,
Inc.
Texaco Inc./ RF321-10340............................................... 12/01/93
Garfield Texaco et
al.
Texaco Inc./Pecan RF321-16383............................................... 11/30/93
Shoppe of
Sallisaw, Inc. et
al.
Texaco Inc./Walter RF321-16616............................................... 11/30/93
Butler Oil Co. et
al.
Wackenhut Corp. et RF272-90506............................................... 12/02/93
al.
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Dismissals
The following submissions were dismissed:
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Name Case No.
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A/R Packaging Corp.................................. RF272-92351
Airport Limousine Service, Inc...................... RF300-19709
Beacon Oil Co....................................... RF321-16037
Globe Texaco Station................................ RF321-11197
Petroleum Marketers, Inc............................ RF315-9954
Robo Carwash........................................ RF321-11335
Round Mountain Gold Corp............................ RF272-57071
Shay's Service, Inc................................. RF300-20781
Vinson's Grocery.................................... RF300-16239
Woodway Gulf Service Center......................... RF300-14811
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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. 94-1384 Filed 1-19-94; 8:45 am]
BILLING CODE 6450-01-P