[Federal Register Volume 59, Number 151 (Monday, August 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19300]


[[Page Unknown]]

[Federal Register: August 8, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders During the Week of April 18 
Through April 22, 1994

    During the Week of April 18 through April 22, 1994 the decisions 
and orders summarized below were issued with respect to applications 
for refund 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.

Interlocutory Order

Boeing Petroleum Services, Inc. DynMcDermott Petroleum Operations 
Company, 4/20/94, LWZ-0026, LWZ-0027

    Boeing Petroleum Services, Inc. (Boeing) and DynMcDermott Petroleum 
Operations Company (DynMcDermott) filed Motions to Dismiss in a 
proceeding initiated by complainant Francis M. O'Laughlin (O'Laughlin) 
under the DOE Contractor Employee Protection Program, 10 C.F.R. Part 
708. [Francis M. O'Laughlin vs. Boeing Petroleum Services, Inc.], OHA 
Case No. LWA-0005. In the Motion filed by Boeing, the firm sought the 
dismissal of O'Laughlin's complaint and his request for a hearing. In 
the Motion filed by DynMcDermott, the firm sought the dismissal of 
DynMcDermott as a party in the O'Laughlin proceeding. In considering 
Boeing's motion, the DOE rejected Boeing's contentions that (i) 
O'Laughlin's complaint was untimely and (ii) failed to state an 
actionable claim under Part 708. In considering DynMcDermott's motion, 
the DOE determined that although DynMcDermott is the management and 
operating contractor successor to Boeing, DynMcDermott is not a proper 
party to the proceeding. This is because O'Laughlin's request for 
reinstatement is not a remedy properly available to O'Laughlin under 
the circumstances of this case, even assuming his claim was 
meritorious. Accordingly, Boeing's Motion to Dismiss was denied and 
DynMcDermott's Motion to Dismiss was granted.

Motion for Reconsideration

OXY USA INC., 4/21/94, LRR-0016, LRR-0017, LRZ-0028, LRZ-0029

    The DOE issued a Decision and Order concerning four motions filed 
in a pending enforcement proceeding involving OXY USA Inc. (OXY), Case 
No. LRO-0003. In that proceeding, the DOE is considering OXY's 
Statement of Objections to a Revised Proposed Remedial Order issued to 
the firm by the DOE's Economic Regulatory Administration (ERA).
    The four motions consisted of the following: (i) Oxy's Motion for 
Reconsideration of OHA's dismissal of its Motion to Recuse, (ii) 
Utilities, Transporters and Manufacturers' Motion for Reconsideration 
of OHA's dismissal of a prior Motion for Reconsideration, (iii) ERA's 
Motion to Compel and (iv) ERA's Motion to Strike. The DOE determined 
that all four motions should be denied.

Refund Applications

MARATHON PETROLEUM COMPANY/ INDEPENDENT OIL & TIRE COMPANY, 4/21/94 
RR250-9

    The Office of Hearings and Appeals (OHA) issued a Decision and 
Order concerning a Motion for Reconsideration filed by Independent Oil 
& Tire Company in the Marathon Petroleum Company special refund 
proceeding. In a prior determination the OHA found that Independent had 
not shown that it was entitled to a refund in excess of its maximum 
volumetric refund, and in connection with its request for a full 
volumetric refund, that the firm had not made a reasonable 
demonstration that it had banks of unrecouped increased product costs. 
Accordingly, the firm was granted a mid-range presumptive level refund 
of $13,748, including interest. In its Motion, Independent requested 
that the OHA reconsider its denial of the above-volumetric refund 
request and its finding that the firm had not made a reasonable showing 
of banks of unrecouped increased product costs. In considering the 
Motion, the OHA found that the Motion was untimely filed. In this 
regard, the OHA pointed out that (i) the Motion was filed more than one 
year after the issuance of the determination denying the above-
volumetric refund, and (ii) that the Marathon refund proceeding had 
been closed for nearly one year. The OHA stated that the reason any 
funds remained in the Marathon escrow account was simply because of a 
pending court appeal involving a Marathon refund application filed by 
another firm. Therefore, the OHA stated that it would only consider 
reopening the Marathon proceeding if Independent demonstrated that an 
egregious error occurred. After reviewing the information submitted 
with the Motion, the OHA found that no such error occurred. The OHA 
determined, with respect to the issue of the above-volumetric 
overcharge, that Independent sought to reargue the legal determination 
made by OHA in the earlier decision and further, that new information 
submitted by Independent could have been submitted earlier. With 
respect to the issue of whether Independent had banks of unrecouped 
costs, OHA found that the additional information submitted by the firm 
did not provide adequate corroboration. Accordingly, the Motion was 
denied.

NATIONAL HELIUM CORP./ CALIFORNIA, 4/20/94 RQ3-588

    The DOE issued a Decision and Order granting a second-stage refund 
application filed by the State of California. In its application, 
California requested $618,075 of the National Helium Corp. second-stage 
refund monies to fund five projects intended to reduce motor vehicle 
travel, congestion and fuel consumption. The DOE affirmed the timely 
restitutionary benefits of the state's plan for the funds, and 
identified the proposed recipients of those benefits (the people of 
California) as injured consumers of refined petroleum products. The 
California plan was thus found to satisfy the criteria for a second-
stage refund restitutionary program. Accordingly, California's 
Application for Refund was granted.

TEXACO INC./HARRY'S TEXACO, 4/22/94 RF321-20972

    The DOE issued a Decision and Order partially rescinding an 
Application for Refund filed on behalf of Harry's Texaco in the Texaco 
Inc. special refund proceeding. The DOE found that the applicant had 
been granted a refund on the basis of purchases made by another 
retailer/reseller. The DOE then received from Texaco a schedule of 
purchases for Harry's Texaco, which reflected purchases that were less 
than those upon which the initial refund had been based. Therefore, the 
DOE issued a supplemental Decision and Order authorizing a lesser 
refund and requiring Harry's Texaco to repay the difference.

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. 

AMERON, INC..........................  RF272-42426              04/18/94
AMERON, INC..........................  RD272-42426           ...........
ANTHONY DESALVO ET AL................  RF272-82420              04/20/94
ATLANTIC RICHFIELD COMPANY/CARRERA     RF304-13431              04/20/94
 IMPORTS ET AL.                                                         
CRYSTAL SOAP & CHEMICAL CO. ET AL....  RF272-92825              04/20/94
ENRON CORP./B&H PROPANE, INC. CENTRAL  RF340-145                04/21/94
 BUTANE GAS SERVICE.                   RF340-164             ...........
TRI-CITY GAS, INC....................  RF340--186            ...........
GULF OIL CORP./A & H FARM ET AL......  RF300-21046              04/22/94
GULF OIL CORP./AVALON DAIRIES........  RF300-19842              04/22/94
GULF OIL CORP./BENSON FUEL OIL CO.,    RF300-20609              04/21/94
 INC.                                                                   
GULF OIL CORP./HUGHTON'S GULF........  RF300-21788              04/22/94
GULF OIL CORP./RAY CITY GULF ET AL...  RF300-18665              04/19/94
KAWNEER COMPANY, INC.................  RF272-16752              04/18/94
KAWNEER COMPANY, INC.................  RD272-16752           ...........
SHELL OIL COMPANY/CANNON STREET SHELL  RF315-8225               04/18/94
STATE OF MARYLAND DEPARTMENT HEALTH &  RF272-87985              04/21/94
 MENTAL HYGIENE.                                                        
TEXACO INC./COOMER'S TEXACO SERVICE..  RF321-19138              04/19/94
HARTSFIELD TEXACO....................  RF321-20971           ...........
TEXACO INC./FRANK'S TEXACO...........  RF321-20974              04/21/94
TEXACO INC./HARNDEN'S TEXACO.........  RF321-20973              04/21/94
TEXACO INC./KEN'S TEXACO ET AL.......  RF321-550                04/21/94
TEXACO INC./OK GARAGE ET AL..........  RF321-19009              04/18/94
TRI STATE HOMES, INC. ET AL..........  RF272-57057             04/18/94 
                                                                        

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                       Name                               Case No.      
------------------------------------------------------------------------
ANDY'S EZ-GO GULF SERVICE.........................  RF300-20799         
ATILES TEXACO SERVICE.............................  RF321-14663         
DEVCO OIL COMPANY.................................  RF304-14802         
EDDIE BO'S TEXACO.................................  RF321-1022          
GEISKOPF'S TEXACO.................................  RF321-19468         
GRIPE-CLIFTON OIL CO..............................  RF321-8525          
JERSEYMAID MILK PRODUCTS..........................  RF321-17273         
NORTH JENSEN TEXACO...............................  RR321-148           
O'BANNIONS, INC...................................  RF321-13883         
O'BANNIONS, INC...................................  RF321-13888         
O'BANNIONS, INC...................................  RF321-13885         
O'BANNIONS, INC...................................  RF321-13886         
O'BANNIONS, INC...................................  RF321-13891         
O'BANNIONS, INC...................................  RF321-13890         
O'BANNIONS, INC...................................  RF321-13884         
O'BANNIONS, INC...................................  RF321-13889         
O'BANNIONS, INC...................................  RF321-13882         
O'BANNIONS, INC...................................  RF321-13887         
O'BANNIONS, INC...................................  RF321-13892         
OAK GROVE TEXACO..................................  RF321-20431         
PILGRIM FEED MILL DIVISION........................  RF272-92829         
REBEL ACRES STOP ``N'' SHOP.......................  RF321-19472         
SAXON'S TEXACO....................................  RF321-19466         
SWAN TEXACO.......................................  RF321-19474         
TURKEY EXPRESS, INC...............................  RF321-16319         
VASUT TEXACO......................................  RF321-17430         
WAGNER GAS........................................  RF340-141           
WYLIE'S TEXACO....................................  RF321-18261         
------------------------------------------------------------------------

    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, D.C. 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: August 1, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-19300 Filed 8-5-94; 8:45 am]
BILLING CODE 6450-01-P