[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13307]
[[Page Unknown]]
[Federal Register: June 1, 1994]
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DEPARTMENT OF ENERGY
Issuance of Decisions and Orders; Week of April 11 Through April
15, 1994
During the week of April 11 through April 15, 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.
Appeals
Clyde Excell Clements, Jr., 4/11/94, LFA-0364
Clyde Excell Clements, Jr. filed an Appeal from a denial by the
DOE's Pittsburgh Naval Reactors Office of a Request for Information
which he had submitted under the Freedom of Information Act (FOIA). In
considering the Appeal, the DOE found that a search for information
conducted by the Pittsburgh Naval Reactors Office had been adequate. In
addition, the DOE found that the FOIA does not require the Pittsburgh
Naval Reactors Office to respond to questions posed in Clements'
Appeal.
Coalition on West Valley Nuclear Wastes, 4/13/94, LFA-0361
The Coalition on West Valley Nuclear Wastes filed an Appeal from a
partial denial of a Request for Information which the organization had
submitted under the Freedom of Information Act (FOIA). In considering
the Appeal, the DOE found that the Idaho Operations Office and its
management and operating contractor, West Valley Nuclear Services
Company, had conducted a search reasonably calculated to find any
responsive documents related to the 1982 ground survey of the former
site of a nuclear fuel reprocessing plant. An important issue
considered in the Decision and Order was whether a thorough but
fruitless search for documents of a type not normally retained or
copied is considered responsive under the FOIA.
Vista Control Systems, Inc., 4/12/94, LFA-0362
Vista Control Systems, Inc. (Vista) filed an Appeal from a
determination issued by the Office of Intergovernmental and External
Affairs of the Department of Energy's Albuquerque Field Office (DOE/
AL), in response to a request for information under the Freedom of
Information Act (FOIA). In considering the Appeal, the DOE found that
the University of California, a DOE contractor who possessed the
records sought by Vista, is not an ``agency'' as defined in the FOIA.
However, because the contract between the DOE and the University, which
manages the DOE's Los Alamos National Laboratory (LANL), provided that
all records acquired or generated by the University employee's at LANL
shall be the property of the Government, the DOE found that the records
requested by Vista were agency records subject to the FOIA. The matter
was therefore remanded to DOE/AL for a determination either releasing
the materials requested or providing a detailed justification for their
withholding. In all other respects, the Appeal was denied.
McKusick Petroleum, 4/12/94, LEE-0054
McKusick Petroleum (McKusick) filed an Application for Exception
from the Energy Information Administration (EIA) requirement that it
file Form EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum
Product Sales Report.'' In considering this request, the DOE found that
the firm was not experiencing a gross inequity or serious hardship. On
February 24, 1994, 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 within the
prescribed time period. Therefore, the DOE issued the Proposed Decision
and Order in final form, denying McKusick's Application for Exception.
Miller's Bottled Gas, Inc., 4/13/94, LEE-0059
Miller's Bottled Gas, Inc. (Miller's) filed an Application for
Exception from the requirement that it file Form EIA-782B, entitled
``Resellers'/Retailers' Monthly Petroleum Product Sales Report.'' The
exception request, if granted, would permit Miller's to be permanently
exempted from filing Form EIA-782B. In considering the request, the
Office of Hearings and Appeals (OHA) found that the firm had not met
the standards set forth by the DOE for exception relief. Furthermore,
Miller's has never completed the form as required. Thus, the DOE found
that the firm's claim that completion of the form would require an
inordinate amount of time is purely speculative, and cannot provide a
basis for relieving the firm of the filing requirement. Therefore,
Miller's did not demonstrate that it is experiencing a serious hardship
or gross inequity and exception relief was denied.
Refund Application
State Escrow Distribution, 4/12/94, RF302-15
The Office of Hearings and Appeals ordered the DOE's Office of the
Controller to distribute $10,047,284 to the State Governments. The use
of the funds by the States is governed by the Stripper Well Settlement
Agreement.
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.
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Name Case No. Date
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Alan N. Abner et al................... RF272-90936 04/13/94
Alfred Friedman Management Corporation RF272-80410 04/15/94
Atlantic Richfield Company/Aristech RF304-10989 04/12/94
Chemical Corporation.
Atlantic Richfield Company/Ben's Arco RF304-13861 04/14/94
et al.
Atlantic Richfield Company/Warfel RF304-14357 04/12/94
Trucking, Inc. et al.
Beacon Oil Company/Harmon's Service... RF238-136 04/15/94
Coca Cola Bottling Co. Consolidated et RF272-67200 04/13/94
al.
Gulf Oil Corp./Magic Valley Electric RF300-13158 04/13/94
Coop Inc et al.
North Daviess Community Schools et al. RF272-87042 04/14/94
Sears Roebuck & Co.................... RF272-235 04/12/94
Texaco Inc./Barnett's Texaco et al.... RF321-51 04/15/94
Texaco Inc./Bob's Texaco et al........ RF321-18887 04/13/94
Texaco Inc./Griffin Oil Company....... RF321-2415 04/13/94
Griffin Oil Company................... RF321-20966 .........
Griffin Oil Company................... RF321-20967 .........
Texaco Inc./Jim Williams Texaco....... RF321-20969 04/14/94
Texaco Inc./John Sorum Texaco......... RF321-20968 04/12/94
Texaco Inc./Lake Joy Texaco et al..... RF321-571 04/14/94
Texaco Inc./Leo Faulkner's Texaco..... RF321-8673 04/13/94
Texaco Inc./Richmond Steel & Welding, RF321-20970 04/15/94
Inc.
Transue & Williams Steel Forge et al.. RF272-77391 04/13/94
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Dismissal
The following submissions were dismissed:
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Name Case No.
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Arizona Chemical.................................. RF321-20517
B&G Wood Products, Inc............................ RF272-82422
City of Haysville, KS............................. RF272-85588
Dorazio's Texaco.................................. RF321-20670
Eddie M. Vega Valle............................... RF321-20833
Elm Garage, Inc................................... RF321-20513
Garage Texaco De Teodoro Ruiz Brigoni............. RF321-20832
GCO Mineral Company............................... RF321-20518
Givens Texaco..................................... RF321-18623
Hanson's Texaco................................... RF321-20810
Henderson's Texaco................................ RF321-19288
Highlands Texaco.................................. RF321-20897
Hyde Park Super Service Station................... RF321-20847
International Paper Company....................... RF321-20515
J&R Texaco........................................ RF321-20815
Jay & Al Texaco................................... RF321-20950
Masonite Corporation.............................. RF321-20516
Nagel Service Station............................. RF321-18707
Walter Zable...................................... RF321-20929
Wayne's Texaco.................................... RF321-20052
Whitefish Bay School District..................... RF272-82554
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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: May 25, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-13307 Filed 5-31-94; 8:45 am]
BILLING CODE 6450-01-P