[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:
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Name Case No.
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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
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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, 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