[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20694]


[[Page Unknown]]

[Federal Register: August 23, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders; Week of May 9 through May 13, 
1994

Office of Hearings and Appeals
    During the week of May 9 through May 13, 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.

Appeal

Morrison & Foerster, 5/12/94 LFA-0366

    Morrison & Foerster filed an Appeal from a partial denial by the 
DOE of a Request for Information which the firm had submitted under the 
Freedom of Information Act (FOIA). In considering the Appeal, the DOE 
found that the FOIA Exemption 6 was properly invoked to withhold the 
names of test subjects of human radiation experiments. In reaching this 
conclusion, the DOE found that: (i) there is a significant privacy 
interest in the identity of individuals, (ii) there is little or no 
public interest in knowing the names of the test subjects, (iii) the 
death of test subjects does not extinguish all privacy interests in 
their identities. The Appeal was therefore denied.

Requests for Exception

Ed F. Hodges, Inc., 5/10/94 LEE-0056

    Ed F. Hodges, Inc., (Hodges) 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 suffering a gross inequity or serious hardship as a 
result of the filing requirement and, on March 30, 1994, 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 at the Office of Hearings and Appeals of the DOE within 
the prescribed time period. Therefore, the DOE issued a final Decision 
and Order, denying Hodges' Application for Exception.

Refund Applications

Atlantic Richfield Company/B&P Motor Express, Inc. , 5/11/94 RR304-67

    LK, Inc. (LK) filed a Motion for Reconsideration of a Decision and 
Order that denied its Application for Refund in the Arco refund 
proceeding with respect to purchases made by B & P Motor Express, Inc. 
(B & P), a bankrupt firm. In considering the motion, the DOE determined 
that LK did not present any compelling reason to reconsider the earlier 
decision. Specifically, the DOE found that the assignment of B & P's 
right to a refund to LK in the course of the bankruptcy proceeding did 
not expressly convey the right to apply for a product refund in the 
Arco proceeding. The DOE further found that the contract--in this case 
the assignment--specified what was to be included for consideration; 
therefore, all things not so specified should be excluded. Accordingly, 
LK's motion was denied.

Texaco Inc./Capitol Oil Company, 5/12/94 RF321-16898

    The DOE issued a Decision and Order concerning an Application for 
Refund filed by Capitol Oil Company (Capitol) in the Texaco Inc. 
Subpart V special refund proceeding. The application claimed that 
Capitol was injured by Texaco's alleged violations of both the price 
and allocation regulations in effect during the consent order period. 
Capitol was granted a refund of $53,048 plus interest based on an 
allocation supply shortfall of 1,426,268 gallons of motor gasoline that 
Texaco wrongfully failed to supply Capitol and that Capitol was unable 
to replace with purchases from other suppliers. This refund was 
calculated using Capitol's gross profit margins during the period of 
the supply shortfall. The allocation portion of the refund was prorated 
to reflect the fact that the Texaco consent order is a negotiated 
compromise of the issues and liability involved in the enforcement 
proceedings against Texaco. Capitol also received a refund of $10,000 
plus interest for its purchases of 10,786,009 gallons of refined 
petroleum products from Texaco based on the mid-range presumption of 
injury for pricing violation claimants. Therefore, the total refund 
granted to Capitol for both its allocation and price claims is $87,927, 
representing $63,048 principal plus $24,879 interest.

Lorenz Petroleum, Inc., 5/11/94 LEE-0092

    Lorenz Petroleum, Inc. (Lorenz) 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 the request, the DOE found that 
the firm was suffering a gross inequity because of the medical 
condition of the owner. Accordingly, on March 21, 1994, the DOE issued 
a Proposed Decision and Order determining that the exception request 
should be granted in part and that Lorenz should be exempt from filing 
Form EIA-782B for two years. Since a Notice of Objection was not filed, 
this Decision and Order was issued in final form.
New Dixie Oil Corporation, 5/10/94 LEE-0074
    New Dixie Oil Corporation (New Dixie) filed an Application for 
Exception from the provisions of the Energy Information Administration 
(EIA) reporting requirements in which the firm sought relief from 
filing Form EIA-782B, entitled ``Resellers'/Retailers' Monthly 
Petroleum Product Sales Report.'' The DOE determined that New Dixie did 
not meet the standards for exception relief because it was not 
experiencing a serious hardship or gross inequity as a result of the 
reporting requirements. Accordingly, exception relief was denied.

Paul Fisher Oil Co., Inc., 5/11/94 LEE-0091

    Paul Fisher Oil Co., Inc. (Fisher) filed an Application for 
Exception from the provisions of the Energy Information Administration 
(EIA) reporting requirements in which the firm sought relief from 
filing Form EIA-782B, the ``Reseller/Retailers' Monthly Petroleum 
Product Sales Report.'' In considering the request, the DOE found that 
Fisher was not experiencing a serious hardship or gross inequity as a 
result of the reporting requirements. Accordingly, exception relief was 
denied.

R.V. Ratts Inc., 5/10/94 LEE-0082

    R.V. Ratts, Inc. filed an Application for Exception from the Energy 
Information Administration (EIA) requirement that it file Form EIA-23, 
the ``Annual Survey of Domestic Oil and Gas Reserves.'' In considering 
this request, the DOE found that the firm was not suffering a gross 
inequity or serious hardship. Accordingly, exception relief was denied.

Winn's Gas & Oil, 5/10/94 LEE-0078

    Winn's Gas & Oil 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 suffering a gross inequity or serious hardship. On March 24, 1994, 
the DOE issued a Proposed Decision and Order determining that the 
exeption request should be denied. No Notice of Objection to the 
Proposed Decision and Order was filed at the Office of Hearings and 
Appels of the DOE within the prescribed time period. Therefore, the DOE 
issued the Proposed Decision and Order in final form.

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. 

                                                                        
                                                                        
                                                                        
Acetylene Supply Company...............  RF272-85852            05/11/94
Atlantic Richfield Company/Leon's Arco.  RF304-14595            05/11/94
Atlantic Richfield Company/Zan's Arco    RF304-15015            05/12/94
 et al.                                                                 
Beacon Oil Company/Baker's Service.....  RF238-152              05/10/94
Beacon Oil Company/Rick French et al...  RF238-96               05/10/94
Beacon Oil Company/Valley Oil            RR238-5                05/10/94
 Distributing Co.                                                       
Commercial Electric Motors, Inc. et al.  RF272-94411            05/12/94
Gulf Oil Corp./Jaxon Petroleum, Ltd....  RF300-14652            05/10/94
Gulf Oil Corp./Lar-Lin, Inc............  RF300-20459            05/09/94
Gulf Oil Corp./Stillwater Associates...  RF300-18641            05/12/94
Gulf Oil Corp./Wood Gulf et al.........  RF300-20720            05/09/94
Jensen Transport, Inc. et al...........  RF272-92104            05/12/94
Sonoco Products Company................  RF272-66546            05/11/94
Texaco Inc./Bi-Rite Oil Company, Inc...  RF321-18714            05/13/94
Pruitt Oil Company.....................  RF321-20221                    
Texaco Inc./Bryan Station Texaco et al.  RF321-14274            05/13/94
Texaco Inc./Nix Nu-Way Texaco et al....  RF321-7123             05/11/94
Texaco Inc./Oldham's Texaco............  RF321-20945            05/13/94
Mayberry Texaco........................  RF321-20953                    
Westside Texaco........................  RF321-20961                    
Texaco Inc./Tom Lacaze Texaco..........  RF321-20975            05/10/94
Texaco Inc./Tom Lass...................  RF321-20984            05/13/94
Texaco Inc./Tom's Texaco...............  RR321-157              05/11/94
The Buffalo News et al.................  RF272-84691           05/12/94 
                                                                        

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                         Name                               Case No.    
------------------------------------------------------------------------
Forrest County School Dist............................  RF272-95201     
H and W Oil Co., Inc..................................  LEE-0115        
High Grade Beverage...................................  RF272-95219     
Ingram Ready Mix, Inc.................................  RF272-95139     
J.F. Tollison Fertilizer..............................  RF272-95167     
Jamison & Son Bus Co..................................  RF272-95188     
Johnny Bowen Gulf Station #2..........................  RF300-21711     
Southern Cast Stone Co................................  RF272-95215     
William H. Payne......................................  LFA-0374        
------------------------------------------------------------------------

    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 17, 1994
George B. Breznay,
Director, Office of Hearings and Appeals
[FR Doc. 94-20694 Filed 8-22-94; 8:45 am]
BILLING CODE 6450-01-P