[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: 

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

    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