[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: 94-20698]


[[Page Unknown]]

[Federal Register: August 23, 1994]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals

 

Issuance of Decisions and Orders; Week of June 6 through June 10, 
1994

    During the week of June 6 through June 10, 1994, the decisions and 
orders summarized below were issued with respect to applications for 
exception and 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.

Requests for Exception

Farmers Co-Operative Company, 6/7/94, LEE-0077

    Farmers Co-Operative Company (Farmers) filed an Application for 
Exception from the Energy Information Administration (EIA) requirement 
that it file Form EIA-782B, the ``Reseller/Retailer's Monthly Petroleum 
Product Sales Report.'' In considering Farmers' request, the DOE found 
that the firm was not suffering a gross inequity or serious harship. On 
March 24, 1994, the DOE 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 with the Office 
of Hearings and Appeals of the DOE within the prescribed time period. 
Therefore, the DOE issued the Proposed Decision and Order in final 
form, denying Farmers' Application for Exception.

May-Slade Oil Co., 6/6/94, LEE-0097

    May-Slade Oil Co. 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. Accordingly, 
exception relief was denied.

Supplemental Order

David Ramirez, 6/8/94, LWX-0013

    A Hearing Officer of the Office of Hearings and Appeals issued a 
Supplemental Order awarding $122,088 in back pay and reasonable costs 
and expenses (including attorney's fees) to David Ramirez, a 
subcontractor employee at Brookhaven National Laboratory (BWL). The 
award supplements an Initial Agency Decision that found that BNL 
violated the Department's contractor employee protection regulations by 
directing the termination of Ramirez' employment in reprisal for his 
making protected safety disclosures. The Order denied Ramirez' request 
for compensation for damages resulting from the premature withdrawal of 
union pension and supplemental unemployment benefits, but, following 
the ``collateral source rule,'' did not offset lost wages by the amount 
of state unemployment benefits. The award is not final since BNL has 
requested that the Secretary or her designee review the Initial Agency 
Decision.

Refund Application

Texaco Inc. Allgood Texaco Service et al., 6/6/94 RF321-749 et al.

    The DOE issued a Decision and Order in the Texaco Inc. refund 
proceeding concerning eight Applications for Refund filed by Texaco 
retail outlets. One of these outlets did not have data showing its 
Texaco purchases, but did have evidence of the monthly amount of its 
cost of gasoline. The DOE estimated the firm's purchases for each month 
by dividing its monthly cost by an average cost for gasoline in that 
locality for that month. This average cost per gallon was calculated by 
adding to the dealer tank-wagon prices for regular gasoline as reported 
in Platt's Oil Price Handbook, the amount of state and federal 
gasolilne taxes and an amount to reflect the fact that the applicant's 
purchases included premimum and unleaded as well as regular gasoline.

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/Whaley's      RF304-12092            06/07/94
 Arco.                                                                  
Whaley's Arco #2.......................  RF304-15457                    
Whaley's Gulf..........................  RF300-21763                    
Clark Oil & Refining Corp./Plymouth      RF342-4                06/10/94
 Oil, Inc..                                                             
Covil Insulating Co....................  RC272-231              06/09/94
Cross Street Service Companies Inc.....  RF272-94078            06/07/94
Dysart-Geneseo Community Schools et al.  RF272-88805            06/06/94
Gulf Oil Corporation/Bob's Gulf........  RF300-21772            06/09/94
Gulf Oil Corporation/Danny R. Holton...  RR300-257              06/07/94
Gulf Oil Corporation/J.R. Ridge          RF300-21355            06/09/94
 Contractor & Co. et al.                                                
Gulf Oil Corporation/Mackno Fuel Co.,    RR300-191              06/07/94
 Inc..                                                                  
T.E. Hinson Gulf.......................  RR300-194                      
Pangles Store..........................  RR300-224                      
Lincoln Mutual Service, Inc. No. 1.....  RF272-69006            06/10/94
Ralls County, Missouri et al...........  RF272-85137            06/10/94
Robert R. Wisdom Oil Co., Inc..........  RF272-78256            06/10/94
State Mutual Life Assurance Co. of       RF272-92207            06/10/94
 America et al.                                                         
Tempe Elementary Schools et al.........  RF272-87056            06/07/94
Texaco Inc./Ronnie's Wolf Road Texaco    RF321-19083            06/08/94
 et al.                                                                 
Young's Industries, Inc. et al.........  RF272-93500           06/09/94 
                                                                        

Dismissals

    The following submissions were dismissed: 

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                         Name                               Case No.    
------------------------------------------------------------------------
Arcadia Valley R-II School District..................  RF272-80005      
Brentwood Texaco.....................................  RF321-5969       
Circle City Texaco...................................  RF321-8186       
City Texaco..........................................  RF321-12112      
Darris Texaco Service................................  RF321-19155      
DE Goodrich..........................................  LFA-0370         
Finney's Texaco......................................  RF321-15931      
Glo Distributing, Inc................................  RF321-19852      
Jodie's Texaco.......................................  RF321-6608       
Keci Corporation.....................................  LFA-0385         
Keci Corporation.....................................  LFA-0386         
Koppers Co., Inc.....................................  RF321-20056      
L. Hardy Co..........................................  RF321-6512       
Lawrence County Board of Education...................  RF272-92281      
Moss Midway Texaco...................................  RF321-12104      
Park Ridge Garage, Inc...............................  RF321-6773       
Putnam County........................................  RF272-85628      
Richins Texaco Service...............................  RF321-15885      
Thurston Aviation, Inc...............................  RF272-92216      
Town of Hamilton.....................................  RF272-85458      
Wallace Texaco.......................................  RF321-6646       
Wayne M. Cooper......................................  LFA-0380         
Woodstock Texaco.....................................  RF321-174        
------------------------------------------------------------------------

    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 SW., 
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. 94-20698 Filed 8-22-94; 8:45 am]
BILLING CODE 6450-01-P