[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: 94-5141]


[[Page Unknown]]

[Federal Register: March 7, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders by the Office of Hearings and 
Appeals; Week of February 7 Through February 11, 1994

    During the week of February 7 through February 11, 1994, 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

    Rockwell International Corporation, 2/9/94, LFA-0348

    Rockwell International Corporation (Rockwell) filed an Appeal from 
a determination issued to it by the Office of Budget and Administration 
of the Office of Environment, Safety and Health (EH) of the Department 
of Energy (DOE) in response to a Request for Information submitted 
under the Freedom of Information Act (FOIA). In considering the Appeal, 
the DOE found that the individual searches performed by the various 
branches of EH were adequate as to the documents actually searched for. 
The DOE did determine, however, that other portions of the agency could 
have responsive documents and that some portions of EH may not have 
searched for all possible responsive documents. The DOE also found that 
because of the multitude of individual determination letters, the DOE 
had not issued a sufficient determination on all portions of Rockwell's 
request and that there had not been a final agency response. 
Accordingly, the Appeal was denied in part, granted in part, and 
remanded to the Freedom of Information and Privacy Branch of the 
Reference and Information Management Division of the DOE Office of 
Administrative Services (FOI Branch) to determine which other branches 
of the DOE, if any, may have responsive documents, and to have those 
branches initiate a search for any such documents. In addition, the FOI 
Branch was instructed, on remand, to issue a new determination 
specifying which portions of the request had been responded to, were 
being responded to for the first time, and which could not be responded 
to because the documents were unavailable. Finally, for particular DOE 
documents which Rockwell specifically alleges are in the custody of the 
Government Accounting Office (GAO) but are not found in any new 
searches, on remand the FOI Branch should obtain copies from the GAO 
and review the documents for release under the FOIA.

Requests for Exception

Radio oil Company, 2/8/94, LEE-0062

    Radio Oil Company (Radio) filed an Application for Exception from 
the Energy Information Administration (EIA) requirement that it file 
Form EIA-782B, the ``Reseller/Retailer's Monthly Petroleum Product 
Sales Report.'' In considering Radio's request, the DOE found that the 
firm was not suffering gross inequity or serious hardship. The DOE 
issued a Proposed Decision and Order determining that the exception 
request should be denied. No Notice of Objection to the Proposed 
Decision and Order was filed with the Office of Hearings and Appeals of 
the DOE within the prescribed time period. Therefore, the DOE issued 
the Proposed Decision and Order in final form, denying Radio's 
Application for Exception.

Rand Oil Co., 2/10/94, LEE-0053

    Rand Oil Co. (Rand) filed an Application for Exception from the 
Energy Information Administration (EIA) requirement that it file Form 
EIA-782B, the ``Reseller/Retailer's Monthly Petroleum Product Sales 
Report.'' In considering the request, the DOE found that the firm was 
suffering a gross inequity because of the medical condition of the 
owner. Accordingly, on November 18, 1993, the DOE issued a Proposed 
Decision and Order determining that the exception request should be 
granted in part and that Rand should be exempt from filing Form EIA-
782B for two years. Since a Notice of Objection was not filed, this 
Decision and Order was issued in final form.

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. 

Chambers County et al......................     RF272-85134     02/10/94
Enron Corp./Mangum Oil & Gas Corp..........        RF340-91     02/08/94
Kern Oil & Refining Co.....................       RF340-101             
Fayette County School District et al.......     RF272-80685     02/08/94
Fife School Dist., Washington et al .......     RF272-88183     02/10/94
Gulf Oil Corporation/Robert L. Yancey......     RF300-21772     02/08/94
Jackson Public Sch. Dist. et al ...........     RF272-81877     02/10/94
Pennwalt Corp. D/B/A/ Elf Atochem, North                                
 America, Inc..............................     RF272-13486     02/07/94
Pennwalt Corp. D/B/A/ Elfatochem, North                                 
 America...................................     RF272-13486             
Redman Homes et al.........................     RF272-90529     02/08/94
Texaco Inc./Nassaney Service Stations et al      RF321-4345     02/07/94
Texaco Inc./Northwest Oil Company, Inc.....     RF321-19482     02/07/94
Texaco Inc./Truck Trailer Equip. Co. et al.     RF321-19504     02/07/94
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Dismissals

    The following submissions were dismissed:

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                       Name                               Case No.      
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Burgess Texaco Station............................  RF321-19455         
Cabrillo Shell Service............................  RF315-6798          
City of Portland..................................  RF272-88133         
City of Thomson...................................  RF272-88398         
Elk Point Public Schools..........................  RF272-88620         
Harrison Oil Co...................................  RF300-19533         
Jim's Main Street Shell...........................  RF315-8893          
John's Texaco Service Center......................  RF321-8482          
Loving School District............................  RF272-80017         
Montana Agricultural Experiment Station...........  RF272-88739         
Oxy USA, Inc......................................  LRZ-0024            
Ozark Truck Plaza.................................  RF321-2403          
R & J Arco........................................  RF304-15226         
Russell Farms.....................................  RF300-19762         
Sandpoint Motor Co................................  RF321-19614         
Utilities, Manufacturers & transporters...........  LRR-0014            
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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. 94-5141 Filed 3-4-94; 8:45 am]
BILLING CODE 6450-01-P