[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.                                                                                                            
----------------------------------------------------------------------------------------------------------------

Dismissals

    The following submissions were dismissed:

------------------------------------------------------------------------
                        Name                               Case No.     
------------------------------------------------------------------------
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       
------------------------------------------------------------------------


    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