[Federal Register Volume 59, Number 25 (Monday, February 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2731]


[[Page Unknown]]

[Federal Register: February 7, 1994]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals

 

Notice of Issuance of Decisions and Orders; Week of November 1 
Through November 5, 1993

    During the week of November 1 through November 5, 1993, the 
decisions and orders summarized below were issued with respect to 
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

Natural Resources Defense Council, 11/1/93 LFA-0150
    The Natural Resources Defense Council filed an Appeal from a denial 
by the Office of Military Application of a request for information that 
it filed under the Freedom of Information Act (FOIA). In considering 
the information that was withheld as classified material under 
Exemption 3 of the FOIA, after a review by the DOE's Office of 
Classification, the DOE determined that a small portion of previously 
withheld material could now be released as the result of more precise 
deletions. The remaining withheld material continues to be properly 
classified, and therefore, may not be released. Accordingly, the Appeal 
was granted in part and denied in part.

Valley Times, 11/1/93, LFA-0325


    Valley Times filed an Appeal from a partial denial by the Office of 
the Inspector General (OIG) of a request for information which the 
company had submitted in accordance with the Freedom of Information 
Act. In considering the Appeal, the DOE found that the names of certain 
former Lawrence Livermore National Laboratory employees who were under 
investigation by the OIG for possible conflict of interest violations 
were improperly withheld under Exemptions 6 and 7(C) and that the names 
should be released to the public. On remand, the OIG must release the 
names of the subject of its conflict of interest investigation or 
explain why it is inappropriate to do so.

Refund Applications

Gulf Oil Corporation/New York Telephone Co., 11/4/93, RR300-252

    The DOE issued a Decision and Order concerning a Motion for 
Reconsideration filed in the Gulf Oil Corporation special refund 
proceeding by Allin M. Means, President of Resource Refunds, Inc. 
(RRI), on behalf of the New York Telephone Co. In its Motion, RRI 
requested reconsideration of an April 13, 1993 Decision and Order that 
dismissed NY Telephone's refund Application on the ground that it was 
filed after the March 1, 1993 deadline for submissions in the Gulf 
proceeding. See Gulf Oil Corp./Bresett, 23 DOE 85,031 (1993).
    In considering RRI's Motion, the DOE determined that RRI had not 
presented any compelling reason that would warrant acceptance of the 
late Application. In addition, the DOE determined that RRI's conduct in 
connection with the Application did not meet the standards applicable 
to participants in agency proceedings. Accordingly, the DOE determined 
that RRI should take specified remedial measures designed to prevent 
the reoccurrence of the conduct in question. Accordingly, the Motion 
for Reconsideration was denied, and RRI was ordered to take the 
specified measures.

Texaco Inc./ Yankee Oil Co., Inc.; F.L. Roberts & Co., Inc., 11/4/93, 
RF321-17264, RF321-19930

    The DOE issued a Decision and Order granting an Application for 
Refund filed by the sole shareholders of Yankee Oil Co., Inc. (Yankee), 
and modified a refund previously granted to F.L. Roberts & Co., Inc. 
(Roberts). In August 1978, Yankee had sold some of its assets, 
including its supply contract with Texaco, to Roberts. In considering 
the Yankee claim, the DOE found that Roberts had been granted a refund 
based upon purchases of Texaco products made by Yankee prior to May 
1976. Roberts conceded that it was not eligible for a refund based upon 
these purchases but argued that it was eligible for a refund based upon 
purchases made after April 1976, when Yankee signed a supply contract 
with Texaco. The DOE held that the right to a refund is an asset 
separate from the supply contract and was not transferred to Roberts by 
the transfer of the supply contract. However, Roberts was eligible for 
a refund based upon Texaco products purchased beginning in August 1978. 
Therefore the Roberts refund was reduced by the amount of the refund it 
had incorrectly received in an earlier Decision. As a result, Roberts 
was granted a refund of $11,381 ($8,300 principal plus $3,081 
interest). Yankee was granted a refund of $48,206 ($35,156 principal 
plus $13,050 interest) based upon purchases made from March 1973 until 
August 1978.

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.


Atlantic Richfield Company/Don's Arco of Eugene...........................  RF304-14734                 11/05/93
Atlantic Richfield Company/Geroulo Coal & Oil Co. et al...................  RF304-13275                 11/04/93
Atlantic Richfield Company/Maryland Avenue Arco et al.....................  RF304-13644                 11/04/93
Atlantic Richfield Company/Southern Shore Yacht Club et al................  RF304-14050                 11/04/93
Beacon Oil Company/E.J. Brown.............................................  RR238-2                     11/04/93
City of Plainwell et al...................................................  RF272-83023                 11/05/93
County of Siskiyou........................................................  RF272-87454                 11/05/93
Tangipahoa Parish.........................................................  RF272-87729           ..............
Enron Corp./Mitchell Butane Gas Sales, Inc................................  RF340-78                    11/04/93
Great Plains Gas Division.................................................  RF340-94              ..............
Enron Corp./Witt Propane Gas Corp.........................................  RF340-108                   11/04/93
Schupback-Streitmatter Gas Co. Inc........................................  RF340-148             ..............
Gateway Inn et al.........................................................  RF272-81807                 11/05/93
Gulf Oil Corporation/City of Dallas.......................................  RF300-21756                 11/01/93
Gulf Oil Corporation/H.C. Davis Jr........................................  RF300-5920                  11/01/93
Riverside Coal & Oil......................................................  RF300-15119           ..............
Collingwood & Seaman Oil Co...............................................  RF300-16218           ..............
Gulf Oil Corporation/Pillow's Gulf et al..................................  RF300-19759                 11/05/93
Gulf Oil Corporation/Tri-County Oil Company, Inc..........................  RF300-15052                 11/01/93
Jackson Trucking Co. et al................................................  RF272-91501                 11/02/93
Moroni Feed Company.......................................................  RF272-67497                 11/05/93
Murphy Oil Corp./Butler Taconite..........................................  RF309-1079                  11/05/93
Plainfield Iron & Metal Corp..............................................  RF272-91349                 11/02/93
Syracuse University et al.................................................  RF272-77723                 11/01/93
Texaco Inc./Charlotte Road Texaco.........................................  RF321-19165                 11/02/93
Frieden Texaco............................................................  RF321-19168           ..............
Soileau's Texaco..........................................................  RF321-19172           ..............
Texaco Inc./Lacey & Lacey Consignee.......................................  RF321-19947                 11/02/93
Texaco Inc./Ski's Texaco et al............................................  RF321-6909                  11/05/93
Texaco Inc./Western Circle Texaco.........................................  RF321-19941                 11/02/93
Texaco Inc./Woodland Ave. Texaco et al....................................  RF321-10638                 11/04/93
Town of Wickenburg, Arizona et al.........................................  RF272-88023                11/05/93 
                                                                                                                

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                        Name                               Case No.     
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Barnhill Contracting Company........................  RF272-15826       
C. Ryan & Son, Inc..................................  RF321-4438        
C.W. Stephenson Oil Co..............................  RF321-19601       
Chama Texaco........................................  RF321-18591       
Essington Texaco Service Station....................  RF321-16954       
John W. Osenbaugh...................................  LFA-0324          
Kentucky Transportation, Inc........................  RF300-20158       
Linwood Texaco Service Station......................  RF321-16955       
Town of Waterboro...................................  RF272-82939       
Westwego Aviation Corporation.......................  RF300-20143       
Willmar Regional Treatment Center...................  RF272-85443       
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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, S.W., 
Washington, D.C. 20585, Monday through Friday, between the hours of 
1:00 p.m. and 5:00 p.m., except federal holidays. They are also 
available in Energy Management: Federal Energy Guidelines, a 
commercially published loose leaf reporter system.

February 1, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-2731 Filed 2-4-94; 8:45 am]
BILLING CODE 6450-01-P