[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17899]


[[Page Unknown]]

[Federal Register: July 22, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders the Week of May 23 through May 
27, 1994

    During the week of May 23 through May 27, 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

Akin, Gump, Strauss, Hauer & Feld, 5/26/94, LFA-0368

    Akin Gump, Strauss, Hauer & Feld (Akin Gump) filed an Appeal from a 
determination issued by the FOI and Privacy Acts Branch, Reference and 
Information Management Division of the Department of Energy (DOE 
Headquarters) in response to a request from Akin Gump under the Freedom 
of Information Act (FOIA). Akin Gump sought the U.S.Russia Highly 
Enriched Uranium Purchase Agreement signed by President Bill Clinton 
and Russian President Boris Yeltsin (Purchase Agreement). In 
considering the Appeal, the Office of Hearings and Appeals found that 
DOE Headquarters performed an adequate search for the Purchase 
Agreement. Accordingly, the Appeal was denied.

Introductory Order

Westinghouse Hanford Company, 5/26/94, LWZ-0031

    Westinghouse Hanford Company (WHC) filed a Motion to Dismiss the 
underlying complaint and hearing request filed by Helen ``Gai'' 
Oglesbee under the Department of Energy's Contractor Employee 
Protection Program, 10 C.F.R. Part 708. On August 24, 1992, Oglesbee 
filed a complaint under Part 708 with the DOE Richland Field Office 
(DOE/RL) which was forwarded to the Office of Contractor Employee 
Protection on October 2, 1992. In his Decision, the Hearing Officer 
found that: (1) the OCEP Director did not abuse her discretion in 
accepting Oglesbee's complaint as timely filed; (2) it was unnecessary 
to determine whether Oglesbee's complaint specifically met each of the 
criteria outlined in 10 C.F.R. Sec. 708.6, since the decision to accept 
a complaint is clearly within the discretion of the OCEP; (3) WHC was 
not prejudiced by the OCEP's acceptance of the complaint. Accordingly, 
WHC's Motion was denied.

Implementation of Special Refund Procedures

County Fuel Company, INC., 5/24/94, LEF-0015

    The DOE issued a Decision and Order implementing procedures for the 
distribution of $38,214.98, plus accrued interest, in alleged 
overcharges obtained from County Fuel Company, Inc. These funds were 
remitted to settle possible pricing violations in its sales of motor 
gasoline during portions of 1979 and 1980. The DOE determined that 
these funds will be distributed in accordance with the DOE 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, 
March 1, 1979 through March 18, 1980. The specific information to be 
included in Applications for Refund is included in the Decision.

Refund Application

National Railroad Passenger Corporation, 5/27/94, RF272-21241

    The DOE issued a Decision and Order concerning an Application for 
Refund filed on behalf of the National Railroad Passenger Corporation 
(Amtrak) in the crude oil overcharge special refund proceeding being 
conducted by the DOE under 10 C.F.R. Part 205, Subpart V. The DOE 
determined that the refund claim was meritorious and granted a refund 
of $535,554. The DOE denied the Objections filed by a group of States, 
finding that the econometric data submitted by the States did not rebut 
the presumption that the Applicant was injured by the crude oil 
overcharges. In addition, the DOE denied the Objections filed by a 
group of Utilities, Transporters, and Manufacturers, finding that (1) 
Even if Amtrak were a government authority, it would still be eligible 
for a refund for its own purchases of refined petroleum products and 
(2) because Amtrak was specifically excluded from the Settlement 
Agreement does not exclude it from the DOE's crude oil refund 
proceeding.

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. 

------------------------------------------------------------------------
                Name                        Case No.             Date   
------------------------------------------------------------------------
Atlantic Richfield Company/H.H.       RF304-13577               05/24/94
 Irwin Dist. Co. et al.                                                 
City of Denham Springs, Louisiana et  RF272-88624               05/24/94
 al.                                                                    
Dunlop Tire Corporation.............  RF272-16583               05/23/94
Dunlop Tire Corporation.............  RD272-16583                       
Eau Claire Public Schools et al.....  RF272-82458               05/25/94
General Trailer Company et al.......  RF272-90523               05/23/94
Gulf Oil Corp./Holiday West Gulf....  RF300-14381               05/25/94
Gulf Oil Corp./Keylock (Howard        RF300-13466               05/24/94
 Jackson Gulf).                                                         
Gulf Oil Corp./Mr. B'S..............  RF300-20922               05/24/94
Morwall Trucking Inc................  RF272-79581               05/27/94
Shell Oil Company/Oceana Terminal     RF315-7195                05/26/94
 Corporation.                                                           
Oceana Terminal Corporation.........  RF315-7228                        
St. Lucie BD. of Cnty. Commissn. et   RF272-86676               05/27/94
 al.                                                                    
Texaco Inc./Heber Valley Texaco et    RF321-19223               05/27/94
 al.                                                                    
Texaco Inc./Robert R. Wiese et al...  RF321-7680                05/23/94
Robert R. Wiese.....................  RF321-7682                        
Texaco Inc./Shipley Oil Company et    RF321-9293                05/23/94
 al.                                                                    
Texaco Inc./Stuckey's of Centerville  RF321-7160               05/26/94 
 et al.                                                                 
------------------------------------------------------------------------

Dismissals

    The following submissions were dismissed:

------------------------------------------------------------------------
                       Name                                Case No.     
------------------------------------------------------------------------
California Nevada Golden Tours.....................  RF272-89109        
Chelsea Airlift....................................  RF272-89113        
City of High Point.................................  RF272-94027        
Emporia Motor Freight, Inc.........................  RF272-89177        
Fowler & Williams, Inc.............................  RF272-89121        
Fruit Growers Express Company......................  RF272-89124        
George Appel, Inc..................................  RF272-89126        
Hudson County News Co..............................  RF272-81313        
Key Line Air Freight, Inc..........................  RF272-89183        
Mary Jane Disney...................................  LFA-0369           
Nevada Central Motor Lines.........................  RF272-89132        
Nevada Transit, Inc................................  RF272-89133        
R.H. Prentiss Co...................................  RF272-89227        
Robert Crocket.....................................  RF272-89224        
Sevier Valley AVC..................................  RF272-80462        
Siva Truck Leasing, Inc............................  RF272-90643        
W.H. Hanna & Sons..................................  RF272-89172        
------------------------------------------------------------------------

    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, S.W., 
Washington, DC 20585, Monday through Friday, between the hours of 1:00 
p.m. and 5:00 p.m., except federal holidays. They are also available in 
Energy Management: Federal Energy Guidelines, a commercially published 
loose leaf reporter system.

    Dated: July 18, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-17899 Filed 7-21-94; 8:45 a.m.]
BILLING CODE 6450-01-P