[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: 94-1385]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders During The Week of December 20 
Through December 24, 1993

    During the week of December 20 through December 24, 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

Angela M. Hagwood, 12/21/93, LFA-0333

    Angela M. Hagwood filed an Appeal from a determination issued by 
the Manager of the Oak Ridge Operations Office (Oak Ridge Operations) 
of the Department of Energy (DOE) in response to a Request for 
Information submitted under the Freedom of Information Act (FOIA). Mrs. 
Hagwood had sought information concerning an employment discrimination 
claim she had filed with Martin Marietta Energy Systems, Inc. (Martin 
Marietta), a DOE contractor. In considering the Appeal, the DOE found 
that Oak Ridge Operations had correctly determined that the requested 
information did not constitute agency records subject to the FOIA. In 
particular the DOE determined that Oak Ridge Operations had made an 
adequate search of its records and that it did not possess the 
information requested. DOE also found that by the terms of the contract 
between Martin Marietta and the DOE, Martin Marietta owned the 
requested documents. The DOE, therefore, did not control the records. 
Because the DOE neither possessed nor controlled the items requested, 
they are not agency documents under the FOIA. Accordingly, the Appeal 
was denied.

David DeKok, 12/21/93, LFA-0339

    David DeKok filed an Appeal from a denial by the Idaho 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 although the agency was obligated to release the 
material in a reasonably accessible format, the appellant was not 
entitled to specify the format in which the information should be 
disclosed. Important issues that were considered in the Decision and 
Order were (i) whether release of the information in a format that 
could cause some expense to the appellant was a constructive denial of 
his fee waiver and (ii) whether DOE was obligated to assist the 
appellant in finding a convenient site to access the records.

Virginia Johnson, 12/21/93, LFA-0329

    Virginia Johnson filed an Appeal from a determination issued to her 
by the Office of Civil Rights of the Office of Economic Impact and 
Diversity (OCR) of the Department of Energy (DOE) in response to a 
Request for Information submitted under the Freedom of Information Act 
(FOIA). In considering the Appeal, the DOE found that OCR had correctly 
withheld under Exemption 6 of the FOIA the identities and personal 
identifiers (such as home addresses, phone numbers, and social security 
numbers) of witnesses from the report and investigatory record of a 
employment discrimination complaint on the grounds that their release 
would be a clearly unwarranted invasion of personal privacy without any 
offsetting public interest. The DOE found, however, that a large amount 
of withheld material did not fall under the protection of witness 
identities and identifiers which was the only OCR justification for 
withholding information. The DOE determined that OCR should either 
release the requested information or issue a new determination 
specifically explaining any withheld information. Accordingly, the 
Appeal was granted in part, denied in part, and remanded to OCR for a 
new determination in accordance with the guidance set forth in the 
Decision and Order.

Request for Exception

Norm Poole Oil, Inc., 12/23/93, LEE-0052

    Norm Poole Oil, Inc. (Poole), filed an Application for Exception 
from the requirement that it file Form EIA-782B, the ``Reseller/
Retailer's Monthly Petroleum Product Sales Report.'' In considering 
Poole's request, the DOE found that the firm was neither suffering 
serious hardship nor adversely affected by the reporting requirement in 
a way that was significantly different from the burden borne by similar 
reporting firms. Accordingly, the DOE denied Poole's Application for 
Exception.

Interlocutory Order

Universities Research Association, Inc., 12/22/93, LWZ-0023

    Universities Research Association, Inc. (URA), the management and 
operating contractor at the DOE's Superconducting Super Collider 
Laboratory in Waxahachie, Texas, submitted a Motion to Dismiss a 
complaint brought against it by a former employee under the Contractor 
Employee Protection Program, 10 CFR 708 (Part 708). In the Motion, URA 
argued that the provisions of Part 708 were not applicable because URA 
had not modified its contract with the DOE to incorporate a compliance 
clause until after the alleged acts of reprisal occurred. The DOE 
denied the Motion, finding that the provisions of Part 708 were 
applicable to URA as of the effective date of the regulations.

Implementation of Special Refund Procedures

Ted True, Inc. and Ted W. True, 12/20/93, LEF-0115

    The Office of Hearings and Appeals issued final procedures for the 
disbursement of $200,000, plus accrued interest, obtained by the DOE 
from the consolidated bankruptcy estate of Ted True, Inc. and Ted W. 
True. The funds will be distributed in accordance with the DOE's 
Modified Statement of Restitutionary Policy Concerning Crude Oil 
Overcharges, 51 FR 27899 (August 4, 1986).

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. 

                                                                                                                
                                                                                                                
                                                                                                                
Anderson County      RF272-82405...............................................  12/21/93                       
 School District                                                                                                
 No. 03 et al.                                                                                                  
Atlantic Richfield   RR304-66..................................................  12/20/93                       
 Company/Major Oils.                                                                                            
Beacon Oil Company/  RR238-4...................................................  12/22/93                       
 Ben W. Nachtigall                                                                                              
 Distributor, Inc.                                                                                              
Beacon Oil Company/  RF238-74..................................................  12/21/93                       
 Foothills Oil Co.,                                                                                             
 Inc.                                                                                                           
Gulf Oil             RF300-21218...............................................  12/20/93                       
 Corporation/Gorman                                                                                             
 Gulf Service.                                                                                                  
Gulf Oil             RF300-19506...............................................  12/21/93                       
 Corporation/Roger                                                                                              
 Mertens Dist.,                                                                                                 
 Inc. et al.                                                                                                    
Santa Barbara High   RF272-81811...............................................  12/22/93                       
 School et al.                                                                                                  
Shell Oil Company/   RF315-10282...............................................  12/21/93                       
 Jamison Oil                                                                                                    
 Company, Inc.                                                                                                  
Jamison Oil          RF315-10283...............................................  .....................          
 Company, Inc.                                                                                                  
Texaco Inc./         RF321-888.................................................  12/22/93                       
 Bridgeway Texaco                                                                                               
 Service.                                                                                                       
Caster's Texaco      RF321-954.................................................  .....................          
 Truck Stop.                                                                                                    
J & H Texaco.......  RF321-8558................................................  .....................          
Texaco Inc./Orr's    RF321-20005...............................................  12/23/93                       
 Texaco Service                                                                                                 
 Station #2.                                                                                                    
Val Verde County,    RF272-85156...............................................  12/21/93                       
 Texas et al.                                                                                                   
----------------------------------------------------------------------------------------------------------------

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                        Name                               Case No.     
------------------------------------------------------------------------
Barnegat Township School District...................  RF272-82628       
Coleman Tire Sales..................................  RF321-11151       
Golden State Foods..................................  RF304-14319       
Joe's Shell.........................................  RF315-9421        
King Arthur Car Wash................................  RF304-13961       
Moore Fuels, Inc....................................  RF300-13104       
Setser's Holiday Gulf...............................  RF300-13202       
Starkville School District..........................  RF272-82497       
Sturm and Jensen, Inc...............................  RF300-13201       
------------------------------------------------------------------------

    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. 94-1385 Filed 1-19-94; 8:45 am]
BILLING CODE 6450-01-P