[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: 94-2734]


[[Page Unknown]]

[Federal Register: February 7, 1994]


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DEPARTMENT OF ENERGY
 

Notice of Issuance of Decisions and Orders During the Week of 
December 27 Through December 31, 1993

    During the week of December 27 through December 31, 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

Armor Elevator Company, Inc., 12/28/93, LFA-0340

    Armor Elevator Company, Inc., filed an Appeal from a denial by the 
Batavia Area Office of a Request for Information which the firm had 
submitted under the Freedom of Information Act (FOIA). In considering 
the Appeal, the DOE found that the requested documents were not agency 
records because Batavia neither created nor obtained the material. 
Important issues that were considered in the Decision and Order were 
(i) whether the contractor responsible for maintaining and operating a 
government location is considered an agency for purposes of the FOIA 
and (ii) the test for classification as an agency record.

Cynthia Ann Virostek, 12/29/93, LFA-0342

    Cynthia Ann Virostek filed an Appeal from a determination issued by 
the Office of the Executive Secretariat (OES) of the DOE, in response 
to a request for information submitted under the Freedom of Information 
Act (FOIA). In its determination, the OES released a letter requested 
by Virostek but stated that the enclosures to the letter could not be 
located. In her Appeal, Virostek challenged the adequacy of this 
determination. The letter requested by Virostek was authored by Robert 
Seamans, the Administrator of the Energy Research and Development 
Administration (ERDA) and was addressed to the Chairman of Nuclear 
Regulatory Commission (NRC), who had submitted a draft report to ERDA 
and requested its views. The enclosures to the letter were not stand-
alone documents but were created as part of ERDA's response to the NRC, 
solely for the purpose of supplementing with greater detail the view 
set forth in the body of the letter. In considering the Appeal, the DOE 
found that because of the nature of the enclosures, the search 
performed by the OES through the archives of files of the ERDA 
Administrator was reasonably calculated to uncover the material sought 
by the appellant. Accordingly, Virostek's Appeal was denied.

Government Accountability Project, 12/27/93, LFA-0341

    The Government Accountability Project (GAP) filed an Appeal from a 
denial of a waiver of fees by the Director of the Office of 
Communications of the Richland Field Office (Richland) of the DOE. In 
considering the Appeal, the DOE found that while whistleblower 
litigation did not constitute a ``commercial interest'' under the fee 
waiver statute, neither did it automatically satisfy the public 
interest requirement of the statute. The Appeal was remanded to 
Richland to determine whether any of the information to be disclosed 
met the public interest requirement of the fee waiver statute.

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. 

Beacon Oil Company/Atkerson Beacon Service et al..............................  RF238-89                12/29/93
Childress County..............................................................  RF272-87754             12/29/93
Farmers Union Oil Company.....................................................  RF272-88267             12/29/93
Co-op Supply, Inc.............................................................  RF272-88797             12/29/93
Gulf Oil Corporation/Colonial Stores, Inc.....................................  RF300-18168             12/29/93
Gulf Oil Corporation/VT Petroleum, Inc........................................  RF300-19595             12/29/93
                                                                                                                

Dismissals

    The following submissions were dismissed: 

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                       Name                               Case No.      
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Branford School District..........................  RF272-80742         
Calhoun County School District....................  RF272-88482         
City of Grand Saline..............................  RF272-83288         
City of Stanton...................................  RF272-88458         
City of Streetsboro...............................  RF272-88459         
City of Struthers.................................  RF272-88460         
City of Sullivan..................................  RF272-88463         
City of Superior..................................  RF272-88465         
City of Sylacauga.................................  RF272-88466         
City of Vermilion.................................  RF272-83049         
East End Service Station..........................  RF300-21239         
Florence School District..........................  RF272-80759         
James Stuffo, Inc.................................  RF272-77091         
K.J. Transportation...............................  RF272-80180         
Soquel Elementary School..........................  RF272-82449         
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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: February 1, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-2734 Filed 2-4-94; 8:45 am]
BILLING CODE 6450-01-P