[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: 94-5310]


[[Page Unknown]]

[Federal Register: March 8, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders; the Office of Hearings and 
Appeals Week of January 24 through January 28, 1994

    During the week of January 24 through January 28, 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.

Appeals

John W. Osenbaugh, 1/27/94, LFA-0346

    John W. Osenbaugh filed an Appeal from a determination issued by 
the National Renewable Energy Laboratory Area Office (NREL) of the 
Department of Energy in response to a request from Mr. Osenbaugh under 
the Freedom of Information Act (FOIA). Mr. Osenbaugh sought documents 
concerning the production of fuel from switchgrass. In considering the 
Appeal, the DOE found that NREL performed an adequate search for 
relevant documents, did not withhold under Exemption 4 cost and pricing 
information for switchgrass, and met the requirements of 10 CFR 
Sec. 1004.5(b)(5). Accordingly, the Appeal was denied in all respects.

Ron Vader, 1/27/94, LFA-0347

    Ron Vader filed an Appeal from a determination issued by the 
Richland Field Office (Richland) in response to a request for 
information that he submitted under the Freedom of Information Act 
(FOIA). Mr. Vader requested information concerning a ``hearing'' held 
regarding the accidental entrance of several Walla Walla University 
students, including Mr. Vader, onto DOE's Hanford site in December 
1976. In its determination, Richland concluded that it did not have 
information responsive to Mr. Vader's request. Mr. Vader appealed, 
claiming that the search that Richland conducted was inadequate and 
Richland must have some record of the hearing about which he was 
requesting information. The DOE determined that the search was adequate 
and that any information Richland may have had would have been 
destroyed pursuant to the Records Inventory and Disposition Schedule. 
Therefore, the Appeal was denied.

Taylor, Newsome, Tinkham & Cole, P.C., 1/27/94, LFA-0345

    Taylor, Newsome, Tinkham & Cole, P.C. (Taylor), filed an Appeal 
from a determination issued by the Oak Ridge Field Office (Oak Ridge) 
in response to a request for information Taylor submitted under the 
Freedom of Information Act (FOIA). Taylor sought information concerning 
contracts awarded to Research Triangle Institute, including agreements 
entered into by Martin Marietta Energy Systems, Inc. (MMES) on behalf 
of the DOE. In its determination, Oak Ridge concluded that it did not 
have information responsive to Taylor's request and anything that may 
have been held by MMES would not be agency documents and therefore not 
within the scope of the FOIA. Taylor appealed, claiming that the search 
Oak Ridge conducted was inadequate and that the provision in the 
contract between MMES and DOE that stated that all procurement 
documents were the property of MMES violated 5 U.S.C. Sec. 552. The DOE 
determined that the search was adequate and the validity of the 
contract provision that Taylor was questioning was outside the 
jurisdiction of a FOIA Appeal. Therefore, the Appeal 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.

Arkla, Inc................................................................  RF272-28017                 01/26/94
Atlantic Richfield Company/Broadway ARCO et al............................  RF304-14295                 01/25/94
Atlantic Richfield Company/City of Bell Gardens et al.....................  RF304-14212                 01/25/94
Beacon Oil Company........................................................  RF272-93025                 01/27/94
Duffie Monroe & Sons Company..............................................  RF272-93026                         
Beacon Oil Company/Ernie's Beacon.........................................  RF238-148                   01/27/94
Beacon Oil Company/Steve's Beacon Service.................................  RF238-149                   01/25/94
Bukovatz 66...............................................................  RF272-90942                 01/25/94
Gateway School District et al.............................................  RF272-80652                 01/25/94
Gulf Oil Corporation/Cornell Young Co.....................................  RF300-19291                 01/27/94
Gulf Oil Corporation/Harold's Gulf, Inc...................................  RF300-15267                 01/27/94
Harold's Gulf, Inc........................................................  RF300-16373                         
Gulf Oil Corporation/Ottawa Oil Company...................................  RF300-19924                 01/27/94
Gulf Oil Corporation/Wexwell Corporation..................................  RF300-20086                 01/25/94
Wexwell Corporation.......................................................  RF300-21769                         
Wexwell Corporation.......................................................  RF300-21770                         
R.J. Glass, Inc...........................................................  RF272-77610                 01/25/94
Shell Oil Company/Arrow Transportation Company............................  RF315-10102                 01/26/94
Shell Oil Company/Union Oil Co. of California.............................  RF315-9175                  01/26/94
Texaco Inc./Ellis Robertson Corporation...................................  RR321-50                    01/25/94
Ellis Robertson Co., Inc..................................................  RF321-14027                         
Ellis Robertson Co., Inc..................................................  RF321-14028                         
Ellis Robertson Co., Inc..................................................  RF321-14029                         
Texaco Inc./Roebuck Plaza Texaco et al....................................  RF321-15838                 01/25/94
Texaco Inc./Rollins Oil Co. et al.........................................  RF321-10530                 01/25/94
                                                                                                                

Dismissals

    The following submissions were dismissed: 

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                         Name                               Case No.    
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City of Fontana.......................................  RF272-85367     
City of Henderson, TN.................................  RF272-85295     
Clinton County........................................  RF272-85292     
Fredonia Texaco.......................................  RF321-18681     
Hickory County........................................  RF272-85316     
John Smith Texaco.....................................  RF321-18641     
New Castle Area School District.......................  RF272-80018     
Steve's Get & Go Market...............................  RF238-124       
Vickery's Texaco......................................  RF321-8447      
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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. 94-5310 Filed 3-7-94; 8:45 am]
BILLING CODE 6450-01-P