[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: 94-20696]


[[Page Unknown]]

[Federal Register: August 23, 1994]



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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders Week of May 30 through June 3, 
1994

    During the week of May 30 through June 3, 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.

Appeals

Concord Oil Company, 6/1/94, LFA-0372

    Concord Oil Company (Concord) filed an Appeal from a determination 
issued by the Albuquerque Operations Office (Albuquerque) in response 
to a request from Concord under the Freedom of Information Act. Concord 
sought various contracts pertaining to work already performed or to be 
performed on a Uranium Mill Tailing Remedial Action (UMTRA) project. In 
considering the Appeal, the Office of Hearings and Appeals found that 
an attachment to a subcontract between MK-Fergusen (MK-F) and the DOE 
was not an agency record subject to the FOIA and that Exemption 4 of 
the FOIA permitted the withholding of a section detailing personnel and 
salary information of a MK-F contract. Accordingly, the Appeal was 
denied.

Shannon & Wilson, Inc., 6/1/94, LFA-0371

    Shannon & Wilson, Inc. filed an Appeal from a partial denial by the 
Richland Operations Office of a Request for Information which it had 
submitted under the Freedom of Information Act (FOIA). In considering 
the Appeal, the DOE found that some of the information that had 
initially been withheld under Exemption 5 should have been released to 
the public. The DOE found that a more selective redaction would allow 
additional information to be released without revealing the identities 
of individuals. The DOE further found that this result was supported by 
a October 4, 1993 Memorandum for Heads of Departments and Agencies from 
Attorney General Janet Reno. In addition, DOE found that Richland had 
failed to conduct a public interest determination. However, the DOE 
also found that some of the information requested by the Appellant 
could have been withheld under Exemptions 4 and 6. Accordingly, the 
Appeal was remanded to Richland for further processing.

Request for Exception

Midstream Fuel Service, Inc., 5/31/94, LEE-0083

    Midstream Fuel Service, Inc. (Midstream), 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.'' In considering the request, the DOE 
found that the firm was suffering a gross inequity due to the maternity 
leave of two of the firm's employees. Accordingly, the DOE determined 
that the exception request be granted in part and that Midstream should 
be granted an extension of time until May 1994 in which to file the 
forms due between February 1, 1994, and May 1, 1994.

Wortmann Oil Co., Inc., 6/3/94, LEE-0112

    Wortmann Oil Company, Inc. (Wortmann), 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.'' In considering the request, the DOE 
found that the firm was suffering a gross inequity due to the 
protracted illness of the firm's owner. Accordingly, the DOE determined 
that the exception request be granted and that Wortmann should be 
permanently removed from the survey.

Protective Order

Westinghouse Hanford Company, 6/2/94, LWJ-0004

    Westinghouse Hanford Company (WHC) filed a request that the OHA 
issue a Protective Order concerning certain documents which the company 
agreed to provide to the Government Accountability Project (GAP) and 
Thad M. Guyer, counsel for Helen ``Gail'' Oglesbee, in connection with 
a hearing request filed by Oglesbee under the Department of Energy's 
Contractor Employee Protection Program, 10 C.F.R. Part 708. With its 
request, WHC submitted a Stipulated Protective Order to which WHC, GAP 
and Mr. Guyer agreed to be bound. The Order stated, inter alia, that 
GAP and Mr. Guyer shall not make use of nor disclose any information in 
the documents provided by WHC except for purposes related to the Part 
708 proceeding, and that upon the termination of the proceeding shall 
either destroy the documents or return them to WHC. The Hearing Office 
reviewed the Stipulated Protective Order and concluded that it should 
be issued as an Order of the Department of Energy. Accordingly, the 
Order was issued pursuant to the authority given the Hearing Officer 
under the Part 708 regulations to ``arrange * * * for the production of 
specific documents or other physical evidence, provided a showing of 
the necessity for such * * * evidence has been made to the satisfaction 
of the Hearing Officer.'' 10 C.F.R. Sec. 708.9(e).

Implementation of Special Refund Procedures

N.C. Ginther Company, 5/31/94, LEF-0060

    The DOE issued a Decision and Order implementing procedures for the 
distribution of $144,864.85, plus accrued interest, in alleged 
overcharges obtained from N.C. Ginther Company. These funds were 
remitted to settle possible pricing violations in the firm's sales of 
natural gas liquid (ngl) products during the period September 1, 1973 
through March 31, 1977. The DOE determined that these funds will be 
distributed in accordance with the Petroleum Overcharge Distribution 
and Restitution Act of 1986. Accordingly, Applications for Refund will 
be accepted from any party who purchased ngl products from Ginther 
during the period, September 1, 1973 through March 31, 1977. The 
specific information to be included in Applications for Refund is 
included in the Decision.

Refund Applications

Sauvage Gas Co./Wynn Horney, 6/3/94, RF308-10

    The DOE issued a Decision and Order granting an application filed 
by Wynn Horney, a former owner of Springs Gas Service, Inc. (Springs), 
in the (Sauvage) special refund proceeding. Springs was a reseller of 
Sauvage petroleum products during the consent order period. Mr. Horney 
and Sauvage each owned 50% of Springs. However, the OHA found that 
Springs was operationally distinct from Sauvage and did not consider 
Mr. Horney and Sauvage to be a single firm. The OHA found that Mr. 
Horney alone would have borne all injury stemming from Sauvage's 
alleged price overcharges. Thus, although he was only a 50% owner of 
Springs, Wynn Horney was eligible to receive 100% of any refund awarded 
on behalf of Springs. Mr. Horney submitted a detailed demonstration of 
injury and requested a full volumetric refund based upon Springs' 
purchases of 7,091,186 gallons of Sauvage propane during the consent 
order period. Springs' data indicated that the firm's cumulative banked 
costs were well in excess of the refund requested and the competitive 
disadvantage analysis submitted by Mr. Horney clearly indicated that 
Springs was injured in its purchases from Sauvage. Accordingly, the OHA 
found that the applicant's injury was of sufficient magnitude to 
justify an award of the entire volumetric allocation. Mr. Horney was 
granted a refund of $13,204 on behalf of Springs, to which was added 
$9,886 in interest for a total of $23,090. No further refunds to 
identifiable purchasers of Sauvage products await disbursement. 
Therefore all unclaimed funds remaining in the Sauvage escrow account 
were made available for indirect restitution pursuant to the Petroleum 
Overcharge Distribution and Restitution Act of 1986 contained in Title 
III of Pub. L. No. 99-509.

Texaco Inc./James E. Hovis Texaco, 6/2/94, RF321-20997

    The DOE issued a Decision and Order partially rescinding an 
Application for Refund filed on behalf of James E. Hovis Texaco in the 
Texaco Inc. special refund proceeding. The DOE found that the applicant 
had been granted a refund for the entire refund period on the basis of 
a Texaco schedule of purchases for a location at which he was the 
operator for only a portion of the refund period (April 1976-January 
1981). The DOE then received from Texaco a schedule of purchases that 
corresponded to a location where the applicant was the operator 
previous to being the operator at the location for which he was granted 
a refund (November 1973-April 1975). However, the second schedule of 
purchases showed fewer gallons of product delivered to the earlier 
location than the number of gallons for which James E. Hovis Texaco was 
erroneously granted. Therefore, the DOE rescinded the difference 
between the refund granted to James E. Hovis Texaco and the refund that 
should have been granted based upon correct gallonage information.

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. 

                                                                        
                                                                        
                                                                        
Atlantic Richfield Company/B&D Butane    RR304-68               06/01/94
 Company.                                                               
Atlantic Richfield Company/Hord Oil,     RF304-13547            06/03/94
 Inc..                                                                  
Dick Cowan's ARCO......................  RF304-13972         ...........
Devoe & Raynolds Company...............  RF272-53573            06/03/94
E.M.H. of Larsen et al.................  RF272-93819            06/02/94
Gulf Oil Corp./American Dusting Co.,     RF300-21315            05/31/94
 Inc. et al..                                                           
Gulf Oil Corp./Coleman Oil Co., Inc....  RF300-5921             05/31/94
Oasis Gulf.............................  RF300-21783                    
T & G Oil Co...........................  RF300-21784                    
Cline St. Gulf.........................  RF300-21785                    
Gulf Oil Corp./Griffith Oil Co., Inc...  RF300-19752            06/03/94
Gulf Oil Corp./Transport Oil Station     RF300-16195            06/03/94
 #530.                                                                  
Donald Harrison Gulf...................  RF300-16324                    
Livermore Valley et al.................  RF272-80004            06/02/94
Shell Oil Company/Salinas Valley Oil     RF315-10154            06/01/94
 Company.                                                               
Texaco Inc./Boris Texaco Service et al.  RF321-14425            06/02/94
Texaco Inc./Garden Street Texaco et al.  RF321-17253            06/02/94
Texaco Inc./Highway Administration et    RF321-16892            06/02/94
 al..                                                                   
Texaco Inc./Stuckey's Store # 171 et     RF321-16308            06/02/94
 al..                                                                   
Transportation, Inc....................  RF272-91664            06/01/94
Westplains Energy et al................  RF272-91555            06/02/94
                                                                        

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                         Name                               Case No.    
------------------------------------------------------------------------
Danny R. Holton.......................................  RR300-220       
Franklin Texaco.......................................  RF321-6323      
G. E. Plastics........................................  RF272-91752     
G. E. Plastics........................................  RF272-91686     
Jap Oil Company.......................................  LEE-0117        
K-Tex Oil and Supply, Inc.............................  RF321-14807     
R&R Oil, Inc..........................................  LEE-0107        
South Mississippi Electric Association................  RF321-20041     
Texfi Industries, Inc.................................  RF272-78402     
William H. Payne......................................  LFA-0376        
------------------------------------------------------------------------

    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 16, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-20696 Filed 8-22-94; 8:45 am]
BILLING CODE 6450-01-P