[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9816]


[[Page Unknown]]

[Federal Register: April 22, 1994]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals

 

Issuance of Decisions and Orders; Week of March 7 Through March 
11, 1994

    During the week of March 7 through March 11, 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

Joyce E. Economus, 3/11/94, LFA-0350

    Joyce E. Economus appealed a denial by the Bonneville Power 
Administration of a request for information that she filed pursuant to 
the Freedom of Information Act. The BPA had determined that the entire 
investigatory report sought by Economus should be withheld pursuant to 
the attorney work-product privilege of Exemption 5. After reviewing the 
document on appeal, the DOE determined that only part of the report 
fell within the scope of the work-product privilege. The DOE found, 
however, that additional portions of the report were exempt from 
disclosure under FOIA Exemption 6 (personal privacy) or under the 
deliberative process or witness statement privileges of Exemption 5. 
Accordingly, the Appeal was granted in part, and the matter was 
remanded to the BPA for release of personal correspondence between 
Economus and a co-worker, and for issuance of a new determination that 
releases any segregable non-exempt information and which considers 
whether any portions of the Report should be released in the public 
interest.

Kenneth H. Besecker, 3/11/94, LFA-0355

    Kenneth H. Besecker filed an Appeal from a determination issued to 
him on February 4, 1994 by the Authorizing Official of the Savannah 
River Operations Office (SR) of the Department of Energy (DOE). In that 
determination, the Authorizing Official denied a request for 
information filed pursuant to the Freedom of Information Act. 
Specifically, the Authorizing Official denied Besecker's request for 
copies of reports concerning Besecker and related materials. In 
considering the Appeal, the DOE confirmed the existence of nine 
documents responsive to Besecker's request and on March 4, 1994, SR 
released these documents to the requester. Accordingly, the DOE 
dismissed the Appeal.

Implementation of Special Refund Procedures

Pete Aljian Chevron Shaw & 99 Chevron, 3/9,94, LEF-0089, LEF-0090

    The DOE issued a Decision and Order implementing procedures for the 
distribution of $14,912.58, plus accrued interest, in alleged 
overcharges obtained from Pete Aljian and Shaw 99 Chevron. These funds 
were remitted to settle possible pricing violations in their sales of 
motor gasoline during portions of 1979 and 1980. The DOE determined 
that these funds will be distributed in accordance with the DOE's 
Petroleum Overcharge Distribution and Restitution Act of 1986 (PODRA). 
Accordingly, Applications for Refund will be accepted from any party 
who purchased refined petroleum products during the specified periods, 
(December 15, 1979 through May 28, 1980 for Aljian, or December 15, 
1979 through July 17, 1980 for Shaw). The specific information to be 
included in Applications for Refund is included in the Decision.

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/Rio Grande      RF304-14504          03/10/94
 Arco et al.                                                            
Go-Mart, Inc.............................  RF272-93246          03/11/94
Gulf Oil Corp./A.R. Sanchez Gulf Station   RF300-20455          03/08/94
 et al.                                                                 
Gulf Oil Corp./Ft. Hartford Stone Co.....  RF300-18376          03/07/94
Gulf Oil Corp./Pepsi-Cola Company........  RF300-20525          03/08/94
Board of Education of Jefferson County...  RF300-20722                  
Gulf Oil Corporation/College Gulf Service  RR300-255            03/11/94
Sheldon Coop Services et al..............  RF272-91512          03/07/94
Shell Oil Company/Cotton Brothers........  RF315-10131          03/08/94
Texaco Inc./Gaona Bros., Inc.............  RF321-20614          03/07/94
Texaco Inc./R.R. Guerra, Consignee.......  RF321-19653          03/10/94
Texaco Inc./Ron's Texaco et al...........  RF321-1683           03/10/94
Troy Elementary #1 et al.................  RF272-87369          03/11/94
Whitaker Oil Co./Arivec Chemical, Inc....  RF351-8              03/11/94
Cargill, Inc.............................  RF351-15                     
National Cash Register Company...........  RF351-16                     
Whitaker Oil Co./Pride Terminals, Inc. et  RF351-3              03/08/94
 al.                                                                    
                                                                        

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                         Name                               Case No.    
------------------------------------------------------------------------
Beacon #516...........................................  RF238-90        
Bit-Con Corporation...................................  RF272-77394     
BTL Specialty Resins..................................  RF272-58631     
Dom's Gulf Service....................................  RF300-18513     
Independence Cab......................................  RF272-72300     
M G, Inc., Feed Division..............................  RF300-20844     
Margaret Klunk........................................  LFA-0358        
St. Joseph State Hospital.............................  RF272-85665     
Taos Municipal Schools................................  RF272-87511     
Wil's Service.........................................  RF304-12370     
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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: April 15, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-9816 Filed 4-21-94; 8:45 am]
BILLING CODE 6450-01-P