[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9545]


[[Page Unknown]]

[Federal Register: April 20, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders During the Week of February 28 
Through March 4, 1994

    During the week of February 28 through March 4, 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

Jon Berg, 3/1/94; LFA-0351

    Mr. Jon Berg filed an Appeal from a partial denial by the Energy 
Information Administration (EIA) of the 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 EIA had properly 
withheld from documents released to Mr. Berg the name of an employee 
who was the subject of allegations of conflict of interest (which were 
later dismissed) and a confidential business plan prepared by the 
employee. The DOE remanded this matter to the EIA for an explanation of 
the privacy interest in withholding names and office locations from an 
internal agency note. The Appeal was therefore denied in part and 
remanded in part.

Seehuus Associates, 3/2/94; LFA-0353

    Seehuus Associates (Seehuus) filed an Appeal from a denial by the 
Oak Ridge Field Office of a request for a retroactive fee waiver with 
respect to a document request that Seehuus had filed under the Freedom 
of Information Act (FOIA). The DOE noted that while neither the FOIA 
nor the DOE regulations specifically contemplate retroactive fee 
waivers, they will be considered under appropriate circumstances. 
Retroactive fee waiver requests will be evaluated in view of the actual 
contents of the documents that were provided to the requester and the 
actual use that the requester made of the documents. The DOE upheld the 
Field Office's determination that the Seehuus fee-waiver request was 
not in the public interest because Seehuus did not disseminate the 
information to the public and because Seehuus admitted that the 
information was of little value. Accordingly, the Appeal was denied.

Request for Exception

Mico Oil Company, Inc., 3/4/94 LEE-0075

    On January 21, 1994, the Mico Oil Company, Inc. (Mico), filed an 
Application for Exception from the requirement that it file Form EIA-
782B (the ``Resellers'/Retailers' Monthly Petroleum Product Sales 
Report'') with the DOE Energy Information Administration. In 
considering this request, the DOE found that (1) Mico was suffering 
serious financial difficulties, (2) the firm's burden in complying with 
the reporting requirement differed significantly from that of similar 
reporting firms, and (3) that burden was not outweighed by the benefits 
to the nation in obtaining the reported information. Therefore, the DOE 
issued a Decision and Order granting Mico's Application for Exception.

Implementation of Special Refund Procedures

Warwick Oil Corporation, 3/1/94; LEF-0117

    The DOE issued a Decision and Order implementing special refund 
procedures to distribute $17,816.72, plus accrued interest, in crude 
oil price violation monies paid to the DOE by the Warwick Oil 
Corporation pursuant to an April 3, 1980 Remedial Order. The OHA 
determined that the remedial order funds would be distributed in 
accordance with the DOE's Modified Statement of Restitutionary Policy 
in Crude Oil Cases. Therefore, 40 percent of the funds were ordered to 
the federal government, another 40 percent to the states, and 20 
percent were initially reserved for the payments of claims by injured 
parties.

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. 

Elmo L. Sorrels...................  RC272-227                   03/01/94
Enron Corp./Mallory's LP Products,  RF340-41                    03/01/94
 Inc.                                                                   
Brazos Butane, Inc................  RF340-77                            
Macmillan Oil Company, Inc........  RF340-165                           
Ethan Allen, Inc..................  RF272-16157                 02/28/94
Ethan Allen, Inc..................  RD272-16157                         
Grand Garage et al................  RF272-90228                 02/28/94
Gulf Oil Corp./Greater Orange Pk.   RF300-19524                 03/02/94
 Comm Hospital et al.                                                   
Gulf Oil Corp./Hawkeye Oil Co.....  RF300-15836                 03/04/94
Gulf Oil Corp./James River Hydrate  RF300-16544                 03/01/94
 et al.                                                                 
Gulf Oil Corp./Lilly's Gulf.......  RF300-20262                 03/01/94
Gulf Oil Corp./S&U Coal & Oil Co..  RF300-15699                 03/04/94
LaFarge Corporation...............  RF272-56211                 03/02/94
LaFarge Corporation...............  RD272-56211                         
LaFarge Corp......................  RF272-92687                         
Polaroid Corporation..............  RF272-21085                 03/04/94
Polaroid Corporation..............  RD272-21085                         
Statler Tissue Company............  RF272-13913                 03/04/94
Statler Tissue Company............  RD272-13913                         
Sysco Frosted Foods, Inc..........  RC272-211                   03/04/94
Texaco Inc/Bob's Texaco et al.....  RF321-19116                 03/04/94
Texaco Inc/Risser Oil Company.....  RF321-15691                 02/28/94
Warner-Lambert Company............  RF272-57572                 03/01/94
Warner-Lambert Company............  RD272-57572                         
                                                                        

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                         Name                               Case No.    
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AT&T--Denver District.................................  RF272-92578     
AT&T Nassau Metals Corp...............................  RF272-94941     
AT&T Network Systems..................................  RF272-92129     
Balboa Texaco.........................................  RF321-14434     
Ben Ewing Texaco Service..............................  RF321-808       
Bob Swartz Texaco #1..................................  RF321-19422     
Country Club Texaco...................................  RF321-10717     
Dick & George.........................................  RF321-8402      
Foshee's Texaco.......................................  RF321-10775     
Hardage Service Station...............................  RF321-9940      
Killingworth, CT......................................  RF272-84611     
McDowell County School District.......................  RF272-82095     
NY Public Interest Research Group.....................  RF272-73703     
River Bend Corporation................................  RF272-63096     
River Bend Corporation................................  RD272-63096     
Southgate Texaco......................................  RF321-10716     
Standard Vending and Music Co.........................  RF272-74687     
Tissue Texaco Service.................................  RF321-14435     
Western Petro-Chemical................................  RF272-63205     
                                                        RD272-3929      
Western Stone Products, Inc...........................  RF272-3929      
------------------------------------------------------------------------

    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: April 13, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-9545 Filed 4-19-94; 8:45 am]
BILLING CODE 6450-01-P