[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22892]


[[Page Unknown]]

[Federal Register: September 15, 1994]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals

 

Issuance of Decisions and Orders; Week of July 11 Through July 
15, 1994

    During the week of July 11 through July 15, 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.

Appeals

A. VICTORIAN, 7/13/94, LFA-0392

    Dr. A. Victorian filed an Appeal from a determination issued by the 
Albuquerque Operations Office (Albuquerque) of the Department of Energy 
(DOE) in response to a request under the Freedom of Information Act 
(FOIA). Dr. Victorian sought documents concerning the DOE/Department of 
Defense Memorandum of Understanding for the non-lethal weapons program. 
In considering the Appeal, the DOE found that the search performed by 
Los Alamos National Laboratory was inadequate. In addition, the DOE 
found that Dr. Victorian did not adequately describe the document. 
Accordingly, the Appeal was granted and remanded to Albuquerque for a 
new determination.

JAMES W. SCOTT, JR., 7/13/94, LFA-0393

    James W. Scott, Jr. (Appellant) filed an Appeal from a 
determination issued by the Oak Ridge Operations Office (Oak Ridge) in 
response to a request from the Appellant under the Freedom of 
Information Act. The Appellant sought information concerning his late 
grandfather, an employee of a DOE subcontractor. In considering the 
Appeal, the Office of Hearings and Appeals found that Oak Ridge 
performed an adequate search for documents related to the Appellant's 
request and that no responsive documents existed. Accordingly, the 
Appeal was denied in all respects.

MARK S. BOGGS, 7/12/94, LFA-0373

    Mark S. Boggs filed an Appeal from a denial by the Freedom of 
Information and Privacy Acts Branch of a Freedom of Information 
Request. The appellant had sought records concerning possible removal 
of tissue samples from his mother's body for the purpose of testing the 
tissue for plutonium contamination. His request was prompted by a news 
article which indicated that during the cold war, tissue from the 
bodies of people who lived near nuclear plants had been removed and 
tested. In its determination, the FOIA Branch stated that it could not 
locate any responsive documents. After reviewing the matter, the DOE 
found that the FOIA Branch had conducted a thorough search for 
responsive documents, and that none had been located. Accordingly, the 
Appeal was denied.

US WEST COMMUNICATIONS FEDERAL SERVICES, INC., 7/13/94, LFA-0391

    US West Communications, Federal Services, Inc. (US West) filed an 
Appeal from a determination issued by the Albuquerque Operations Office 
(Albuquerque) of the Department of Energy (DOE) in response to a 
request from US West under the Freedom of Information Act (FOIA). US 
West sought standard government contract forms 6432-A through 6432-F 
(containing unit prices) for the Integrated Technologies Corporation's 
fiber installation contract. In considering the Appeal, the Office of 
Hearings and Appeals found that Albuquerque performed an adequate 
search for the requested contract forms and that neither the forms nor 
unit prices existed for the fiber installation contract. Accordingly, 
the Appeal was denied.

Request for Exception

LAS ENERGY CORPORATION, 7/11/94, LEE-0113

    LAS Energy Corporation 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 gross inequity or serious hardship. On May 26, 1994, the 
DOE issued a Proposed Decision and Order determining that the exception 
request should be denied. No Notice of Objections 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 LAS Energy's 
Application for Exception.

Request for Reconsideration and/or Rescission

CHEVRON U.S.A. INC. ECONOMIC REGULATORY ADMINISTRATION, 7/14/94, LRR-
0015 LRZ-0025

    Chevron U.S.A. Inc. (Chevron) filed a Motion for Reconsideration 
and the Economic Regulatory Administration (ERA) filed a Motion to 
Compel, relating to a Decision and Order which granted in part a Motion 
for Discovery filed by the ERA in a Proposed Remedial Order (PRO) 
proceeding involving Chevron, Case No. LRO-0004. Economic Regulatory 
Administration, 23 DOE 84,003 (1993) (``Discovery Order''). In its 
Motion for Reconsideration, Chevron requested that the firm not be 
required to produce full copies of its 1980 and 1981 income tax returns 
as directed in the Discovery Order. In the Motion to Compel, the ERA 
requested that Chevron be directed to comply fully with the Discovery 
Order and to produce immediately all responsive documents. In 
considering Chevron's motion, the DOE determined that substantial 
portions of Chevron's consolidated tax returns related to the firm's 
parent and affiliates, and was irrelevant to the matters concerned by 
the PRO. However, in considering the ERA's motion, the DOE further 
determined that Chevron had failed to produce other materials 
responsive to the discovery requests approved in the Discover Order. 
Accordingly, both Chevron's Motion for Reconsideration and the ERA's 
Motion to Compel were granted in part.

Refund Application

TEXACO INC./ WHEELING STEEL CORPORATION, TRW, INC., LASCO SHIPPING, 
INC., 7/11/94, RF321-19546, RF321-19566, RF321-19599

    The DOE issued a Decision and Order dismissing three Applications 
for Refund filed by LK, Inc., a private filing service, on behalf of 
Wheeling Steel Corporation, TRW, Inc. and Lasco Shipping Co. The 
applications were signed only by an officer of LK, Inc. On several 
occasions, beginning on March 3, 1994, the DOE requested that LK, Inc. 
submit copies of the claims signed by responsible officials of the 
firms involved. However, LK, Inc. failed to submit the copies or show 
that it was authorized to file the applications. Consequently, the DOE 
ordered the applications dismissed.

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/PEL'S ARCO, INC................................  RF304-13888                 07/14/94
FARMERS UNION OIL COMPANY.................................................  RF272-86784                 07/11/94
ST. FRANCIS MERCANTILE EQUITY.............................................  RF272-89672           ..............
GULF OIL CORPORATION/FAULK'S GULF.........................................  RF300-18512                 07/12/94
STAN TAUBER GULF..........................................................  RF300-18516           ..............
GULF OIL CORPORATION/WEIL PURCHASING CORPORATION..........................  RF300-18389                 07/12/94
ECONOMY OIL-WEIL BROTHERS.................................................  RF300-18390           ..............
INTERSTATE VAN LINES, INC.................................................  RR272-140                   07/14/94
OSBORNE TRUCK LINE, INC...................................................  RR272-141             ..............
MARTIN TRUCKING, INC......................................................  RR272-142             ..............
COVERED WAGON TRAIN, INC..................................................  RR272-143             ..............
NATIONAL CAR RENTAL.......................................................  RF272-93865                 07/11/94
PENNSY SUPPLY, INC........................................................  RF272-69635                 07/12/94
PENNSY SUPPLY, INC........................................................  RD272-69635           ..............
WEBB'S TEXACO SERVICE.....................................................  RF272-78409                 07/14/94
LEN'S MOBIL MART..........................................................  RF272-78410           ..............
FOWLER-FARM-CITY-SALES, INC...............................................  RF272-78423           ..............
THORNTON BROS. TEXACO STATION.............................................  RF272-78424           ..............
ZIEGLER TRAHAN DAIRY ET AL................................................  RF272-91638                 07/14/94
                                                                                                                

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                         NAME                               CASE NO.    
------------------------------------------------------------------------
BALDWIN COUNTY BOARD OF EDUCATION.....................  RF272-82484     
CITY OF NEWARK........................................  RF272-85789     
DOUGLAS COUNTY SCHOOL DISTRICT........................  RF272-82729     
ERIE CITY SCHOOL DISTRICT.............................  RF272-81787     
EUGENE DOBAJ..........................................  RF272-78680     
FORD CENTRAL C U SCHOOL DISTRICT......................  RF272-82465     
GREEN COUNTY HIGHWAY DEPARTMENT.......................  RF272-82721     
INDEPENDENT FARMERS OIL COMPANY.......................  LEE-0118        
MIKE DALTON...........................................  RF321-9714      
SALEM STATE COLLEGE...................................  RF272-82650     
SPARTANBURG SCHOOL DISTRICT FIVE......................  RF272-82997     
ST. JOHN'S BAPTIST CHURCH.............................  RF272-78319     
TOLLAND BOARD OF EDUCATION............................  RF272-82879     
WESTDALE TEXACO.......................................  RF321-20201     
WESTDALE TEXACO.......................................  RF321-20201     
WOODSTOCK BOARD OF EDUCATION..........................  RF272-82551     
YORK TRUCK RENTAL INC.................................  RF272-90032     
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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, SW, 
Washington, DC 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: September 7, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-22892 Filed 9-14-94; 8:45 am]
BILLING CODE 6450-01-P