[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5309]


[[Page Unknown]]

[Federal Register: March 8, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders; Week of January 17 Through 
January 21, 1994

    During the week of January 17 through January 21, 1994, the 
decisions and orders summarized below were issued with respect to 
appeals and 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

Deborah L. Abrahamson, 1/21/94, LFA-0344

    Deborah L. Abrahamson filed an Appeal from a determination issued 
by the Office of Personnel in response to the remand from this Office 
of an Appeal which Ms. Abrahamson had submitted under the Freedom of 
Information Act (FOIA). In that determination, the Office of Personnel 
released some documents and withheld one document pertaining to the 
position of Management Analyst at the Superconducting Super Collider 
Project Office (SSCPO), a position for which she had been a candidate. 
Further, the Office of Personnel withheld a portion of one document. In 
addition, Ms. Abrahamson questioned the adequacy of the Office of 
Personnel's search for information, claiming that additional 
information should exist. The DOE determined that the Office of 
Personnel's withholding of the one document in full on the basis of 
Exemption 5 of the FOIA was proper. The DOE also determined that the 
portion of the other document that was withheld was not responsive to 
Ms. Abrahamson's request and, therefore, properly withheld. Finally, 
the DOE determined that the Office of Personnel's search was reasonably 
calculated to uncover any information requested by Ms. Abrahamson. 
Therefore, the Appeal was denied.

Refund Applications

Northeast Petroleum Industries/Massachusetts, 1/13/94, RM25-264

    The DOE issued a Decision and Order approving a Motion for 
Modification of a previously-approved second-stage refund plan filed by 
the Commonwealth of Massachusetts (Massachusetts). In its Motion, 
Massachusetts requested the authority to use $30,000 of its uncommitted 
Northeast Petroleum Industries second-stage refund monies to fund a 
pair of projects intended to expand the use of alternatives fuels in 
the Commonwealth. The DOE affirmed the timely restitutionary benefits 
of the plan to promote alternative fuel use. The DOE also identified 
the proposed recipients of those benefits (the people of Massachusetts) 
as a substantial segment of injured consumers of refined petroleum 
products. The Massachusetts plan was thus found to satisfy the criteria 
for a second-stage refund restitutionary program. Accordingly, 
Massachusetts's Motion for Modification was approved.

Texaco, Inc./Poweram Oil Company, Inc., 1/19/94, RF321-14580

    The DOE issued a Decision and Order granting an Application for 
Refund filed by Poweram Oil Company, Inc. (Poweram) in the Texaco Inc. 
special refund proceeding. Poweram sought a refund equal to its full 
allocable share for its purchases of Texaco motor gasoline and middle 
distillates. In support of its claim of injury above the medium-range 
presumption level, the firm submitted information showing the status of 
its cumulative banked gasoline and middle distillate costs at the end 
of the respective ``banking'' regulation periods, and a competitive 
disadvantage analysis for its Texaco purchases of each grade of motor 
gasoline and for middle distillates. The data submitted showed that 
Poweram had accumulated sufficient banks from September 1975 to April 
1980 for motor gasoline and from January 1975 to June 1976 for middle 
distillates to justify a full volumetric refund for those periods, and 
that the firm experienced a substantial competitive disadvantage as a 
result of its Texaco purchases. The DOE also determined that Poweram 
was entitled to a refund based on its motor gasoline purchases from 
April 1980 through January 1981, its regular motor gasoline purchases 
in March 1973, its premium motor gasoline purchases in March, April, 
May and September 1973, and its middle distillate purchases in March 
and April 1973. The total refund amount granted was $172,932 ($125,340 
principal and $47,592 interest).

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.

Lakeland School Corporation...............................................  RR272-122                   01/21/94
Lithium Corporation of America............................................  RF272-23095                 01/21/94
Lithium Corporation of America............................................  RD272-23095           ..............
Milford Central School....................................................  RC272-225                   01/21/94
New Richmond School District..............................................  RA272-56                    01/21/94
Texaco Inc./Stephen Beagley et al.........................................  RF321-6523                  01/21/94
Texaco Inc./Transportation Supplies, Inc..................................  RF321-14700                 01/21/94
Transportation Supplies, Inc..............................................  RF321-17372           ..............
Webster County et al......................................................  RF272-87652                 01/21/94
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                       Name                               Case No.      
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Riverview School District.........................  RF272-80002         
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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: March 1, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-5309 Filed 3-7-94; 8:45 am]
BILLING CODE 6450-01-P