[Federal Register Volume 59, Number 44 (Monday, March 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5135]
[[Page Unknown]]
[Federal Register: March 7, 1994]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders; Week of October 18 Through
October 22, 1993
During the week of October 18 through October 22, 1993, the
decisions and orders summarized below were issued with respect to
appeals and applications for exception or 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
R.L. Morse, 10/18/93, LFA-0322
Mr. Richard L. Morse filed an Appeal from a denial by the Office of
Intergovernmental and External Affairs (OIEA), Albuquerque Operations
Office (AL), Department of Energy (DOE) of a Request for Information
which he had submitted under the Freedom of Information Act. In
considering the Appeal, the DOE found that the Los Alamos Area Office
and the Albuquerque Field Office had conducted reasonable searches in
response to Mr. Morse's request, and that all responsive documents had
been released to him. The Appeal was, therefore, denied. Important
issues that were considered in the Decision and Order were (i) how to
determine the existence of a document about which Mr. Morse provided
some evidence in the Appeal, and (ii) the documentation of verbal
information provided to the Los Alamos Area Office in the course of a
security clearance investigation.
Request for Exception
Texport Oil Company, 10/19/93, LEE-0047
Texport Oil Company (Texport) filed an Application for Exception
from the provisions of the Energy Information Administration (EIA)
reporting requirements in which the firm sought relief from filing Form
EIA-782B, entitled ``Reseller/Retailers' Monthly Petroleum Product
Sales Report.'' In considering the request, the DOE found that Texport
was not adversely affected by the reporting burden in a way that is
significantly different from the burden borne by similar reporting
firms, and because the firm is a ``certainty unit,'' it could not be
granted relief from filing. Accordingly, exception relief was denied.
Refund Applications
Gulf Oil Corporation/S&L Auto Wash, 10/18/93, RF300-16848
The DOE has issued a Decision and Order granting in part and
denying in part an Application for Refund submitted in the Gulf Oil
Corporation special refund proceeding on behalf of S&L Auto Wash (S&L).
Throughout most of the consent order period the now defunct S&L was
under joint ownership. However, this application was submitted on
behalf of one partner, Mr. Steve Sopko. In this Application, Mr. Sopko
has requested a refund for 100 percent of the Gulf products purchased
by S&L during the consent order period. In considering his Application,
the DOE found that his partner's ownership interest had ended with the
appointment of a court ordered receiver on April 17, 1974. Accordingly,
Mr. Sopko was granted a refund for 50 percent of the Gulf purchases
made before that date and 100 percent of S&L's Gulf purchases made on
or after that date.
Texaco Inc./Energy Refunds, Inc., 10/20/93, RF321-19876
The Office of Hearings and Appeals (OHA) of the Department of
Energy issued a Decision and Order concerning an Application that was
filed in the Texaco refund proceeding by Energy Refunds, Inc. (ERI), a
privately owned filing service. In that Decision, the DOE determined
that ERI should be granted a payment of $1,879. This determination was
based on the fact that, although a previous refund granted to an ERI
client had been rescinded by the OHA and the refund ordered repaid,
this repayment obligation was satisfied entirely by ERI, with no
reimbursement from the client. A subsequent Application for Refund was
filed by ERI on behalf of the client, and this application was also
granted by the OHA. ERI requested that the payment on this refund claim
be made to ERI, and not to the client. In view of the fact that the
client had retained the original refund and the repayment obligation
was satisfied solely by ERI, the DOE determined that ERI's request
should be granted.
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/Mitschele Contracting Co. Inc. et al........... RF304-14091 10/20/93
Atlantic Richfield Company/Schwerman Trucking Company..................... RF304-14058 10/18/93
Baltic School Dist. No. 49-1 et al........................................ RF272-80633 10/20/93
Beacon Oil Company/Gas-O-Teria............................................ RF238-70 10/19/93
Bolivar Central Schools................................................... RR272-116 10/18/93
Butz Oil Company, Inc..................................................... RF272-90784 10/22/93
City of Adrian, Michigan et al............................................ RF272-88403 10/20/93
City of Ypsilanti et al................................................... RF272-91202 10/18/93
Crescent Refining & Oil Co./Cargill, Inc.................................. RF347-8 10/20/93
Cargill, Inc.............................................................. RF347-9
Dixie Beer Distributors, Inc.............................................. RF272-81377 10/20/93
Elliot Company............................................................ RF272-73784 10/20/93
Elliot Company............................................................ RD272-73784
Franklin County, PA et al................................................. RF272-89049 10/20/93
Gulf Oil Corporation/Massey's Gulf et al.................................. RF300-21066 10/21/93
Gulf Oil Corporation/Neshaminy School District et al...................... RF300-20507 10/20/93
Gulf Oil Corporation/Oil Products, Inc.................................... RF300-21296 10/22/93
Gulf Oil Corporation/Speed Car Wash, Inc.................................. RF300-21064 10/18/93
H-K Contractors, Inc...................................................... RF272-14150 10/21/93
H-K Contractors, Inc...................................................... RD272-14150
Hamilton-Wenham Reg. Sch. Dist et al...................................... RF272-85276 10/19/93
Hobart Sales & Service et al.............................................. RF272-09501 10/21/93
Metropolitan Petroleum & Fuel/Denbe Corp.................................. RF349-5 10/20/93
Bird Gas.................................................................. RF349-6
Shell Oil Company/Hill City Oil Co., Inc.................................. RF315-8202 10/20/93
Shell Oil Company/Jim's Shell Service..................................... RF315-8450 10/18/93
Shell Oil Company/Smith's Shell Service................................... RF315-8712 10/18/93
Shell Oil Company/Whitaker Oil Co......................................... RF315-8927 10/20/93
Southwest Health Center, Inc.............................................. RF272-87691 10/22/93
Texaco Inc./Briggs Transportation Co. et al............................... RF321-13240 10/20/93
Texaco Inc./Hayes Texaco.................................................. RF321-19936 10/20/93
Texaco Inc./Mitchell's Texaco et al....................................... RF321-19021 10/22/93
Texaco Inc./Paul Jay Haight & Co., Inc. et al............................. RF321-10528 10/21/93
Texaco Inc./Stevenson Texaco et al........................................ RF321-17069 10/18/93
Dismissals
The following submissions were dismissed:
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Name Case No.
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American Standard, Inc............................ RF272-92695
Bourbon County.................................... RF272-85264
Central Arkansas Transit Authority................ RF272-90193
Chelsea School District........................... RF272-81754
City of Buchanan.................................. RF272-85280
Columbus County Hospital.......................... RF272-90121
Dalzell School District 98........................ RF272-80650
Days Inn of America............................... RF300-14697
Downtown Shell & Tire Service..................... RF315-10157
Dulce School District............................. RF272-80649
Fairfield Home Oil Company........................ RF300-21265
Francis & Market Texaco........................... RF321-14494
Gas Stop Pop Shoppe............................... RF321-14493
Giroux Brothers Transport, Inc.................... RF272-89451
Hancock County.................................... RF272-85257
Home Oil Company, Inc............................. LEE-0046
Honey Dew Truck Stop.............................. RR300-105
Inmont Corporation................................ RF300-21602
Jackson County, Kansas............................ RF272-86727
L.E. Shifflet..................................... RR300-234
Mobil-Teria Catering Company...................... RF272-90116
Putnam County RI.................................. RF272-80642
R.F. White Company, Inc........................... RR300-239
River Dell Regional H.S. Dist..................... RF272-89298
Rolla School District............................. RF272-89280
Sketchley Services, Inc........................... RF300-20653
State Oil Service, Inc............................ RF309-1145
The Blue Ox Coop.................................. RF272-88785
Village of Northfield............................. RF272-89292
Warrenton-Hammond School District 30.............. RF272-82001
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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 25, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-5135 Filed 3-4-94; 8:45 am]
BILLING CODE 6450-01-P