[Federal Register Volume 59, Number 33 (Thursday, February 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3644]
[[Page Unknown]]
[Federal Register: February 17, 1994]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Issuance of Decisions and Orders During the Week of November 8
Through November 12, 1993
During the week of November 8 through November 12, 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.
Appeal
The Gazette Newspapers, 11/9/93, LFA-0156
The Gazette Newspapers filed an Appeal from a determination issued
by the DOE Office of Naval Reactors (Naval Reactors) in response to a
request for information filed by the Gazette under the Freedom of
Information Act (FOIA). The Gazette had requested certain radiological
documents that were withheld by Naval Reactors as classified. In
considering the Appeal, the DOE found that Naval Reactors properly
withheld the requested documents as classified under Executive Order
12356. Accordingly, the Appeal was denied.
Refund Applications
Shell Oil Company/Brown Construction Company, 11/9/93, RR315-5
The DOE issued a Decision and Order denying a Motion for
Reconsideration filed in the Shell Oil Company special refund
proceeding by Resource Refunds, Inc. (RRI), on behalf of Brown
Construction Company (Brown). The RRI Motion sought reversal of a
decision to deny the Brown Application for Refund in the Shell
proceeding because the Application was filed after the April 1, 1992
final filing deadline in this proceeding. RRI demonstrated that the
late filing was the result of it's own error and was not at all the
fault of Brown. The DOE concluded that while RRI's error may have left
it responsible for the loss of Brown's potential refund, the agent's
mishandling of the Brown's Application did not justify reopening the
Shell proceeding. Accordingly, the Motion for Reconsideration filed by
RRI on behalf of Brown was denied.
Texaco Inc./Airport Texaco, 11/12/93, RF321-19277
The DOE issued a Decision and Order concerning an Application for
Refund filed by Mr. Ben Story in the Texaco Inc. special refund
proceeding on behalf of Airport Texaco, a service station located at
7770 Airport Boulevard in Mobile, Alabama. In the Application, Mr.
Story indicated that he owned and operated Airport Texaco from March
1978 through March 1984. However, the DOE had previously granted an
Application for Refund filed by John Locklier based upon purchases by
the service station during the period at the 7770 Airport Boulevard
address. In support of his Application, Mr. Locklier had provided
Texaco invoices, accounting documents, cancelled checks, and copies of
tax forms which established that he operated Airport Texaco from
February 1976 through December 1980. Mr. Story also provided a
statement from the State of Alabama Department of Revenue attesting to
Mr. Story's payment of withholding tax, as reflected on W-2 forms, for
the period from March 1978 through 1982. However, according to this
statement, Mr. Story paid withholding tax at Airport Texaco only in
1980 and 1981. Because W-2 forms are filed by employees and are based
on their earnings, the DOE determined that this evidence could not be
taken as proof that Mr. Story was the owner and operator of Airport
Texaco. Mr. Story could produce no further documentation to
substantiate his claim, and in the absence of a convincing
demonstration that he was the owner and operator of Airport Texaco
during the refund period, his Application for Refund was denied.
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/Kenmore ARCO et al............................. RF304-14449 11/08/93
City of Augusta et al..................................................... RF272-83084 11/09/93
City of Hawaiian Gardens.................................................. RF272-83545 11/09/93
City of Stamps et al...................................................... RF272-84404 11/09/93
Fairchild Industries, Inc................................................. RD272-58630 11/10/93
Fairchild Industries, Inc................................................. RF272-58630 ..............
Farmers Union Oil Company................................................. RF272-88286 11/09/93
Farmers Co-operative Oil Co............................................... RF272-88656 ..............
Gulf Oil Corporation/City of Bowie et al.................................. RF300-21007 11/10/93
Gulf Oil Corporation/Davis Gulf et al..................................... RF300-18272 11/12/93
Gulf Oil Corporation/Hickory Drive-In Gulf et al.......................... RF300-20502 11/12/93
Gulf Oil Corporation/Pilot Freight Carrier et al.......................... RF300-19542 11/12/93
Gulf Oil Corporation/Richard Construction Co., Inc........................ RF300-19699 11/12/93
Richard Construction Co., Inc............................................. RF300-21762 ..............
Texaco Inc./David Rodgers Texaco et al.................................... RF321-93 11/08/93
Texaco Inc./Mauldin Service Center et al.................................. RF321-19029 11/08/93
Texaco Inc./Ridge Texaco.................................................. RF321-8460 11/12/93
Town of Lancaster et al................................................... RF272-85598 11/10/93
Dismissals
The following submissions were dismissed:
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Name Case No.
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4-WAY SERVICE......................................... RF321-16744
ARNONE TEXACO......................................... RF321-17906
B. LLOYD'S PECAN PRODUCTS, INC........................ RF321-2595
BOYD'S TEXACO......................................... RF321-18413
CAMPBELL 66 EXPRESS................................... RF321-19880
FAIRLESS HILLS........................................ RF321-16960
HALLMAN'S TEXACO...................................... RF321-17913
LAKEWOOD TEXACO....................................... RF321-14303
MAPLES TEXACO......................................... RF321-8605
MAXWELL'S TEXACO...................................... RF321-18589
MCPHERSON FUELS AND ASPHALTS, INC..................... RF321-17017
MOUNTAIN VIEW ELEMENTARY.............................. RF272-82130
NABE'S TEXACO......................................... RF321-8607
PEPE'S TEXACO......................................... RF321-8606
PORTWAY TEXACO........................................ RF321-17942
RAYLE TEXACO.......................................... RF321-18380
RAYLE TEXACO.......................................... RF321-18461
ROBERT KETCHUM........................................ RF321-17998
SCHUYLER GRADE SCHOOLS................................ RF272-82141
TOM'S TEXACO.......................................... RF321-18466
USA GAS TRENTON....................................... RF321-16959
VICKERS, INC.......................................... RF321-16426
WESTERN EXCHANGE CORP................................. RF321-16745
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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 10, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-3644 Filed 2-16-94; 8:45 am]
BILLING CODE 6450-01-P