[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: 94-22893]


[[Page Unknown]]

[Federal Register: September 15, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders During the Week of July 18 
Through July 22, 1994

Office of Hearings and Appeals
    During the week of July 18 through July 22, 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

C.D. Varnadore & Betty Freels, 7/21/94, LFA-0375

    C.D. Varnadore and Betty Freels (the Appellants) filed an Appeal 
from a partial denial by the DOE's Oak Ridge Operations Office (Oak 
Ridge) of a Request for Information which they had submitted under the 
Freedom of Information Act (FOIA). The Appellants had requested billing 
statements submitted by outside counsel to DOE contractors. In 
considering the Appeal, the DOE found that while some of the 
information that had initially been withheld under Exemption 4 should 
have been released to the public, some of the information requested by 
the Appellants was properly withheld under Exemption 4 since it was 
privileged and confidential. Accordingly, the Appeal was granted in 
part and the request was remanded to Oak Ridge for further processing.

David W. Loveless, 7/20/94, LFA-0390

    David W. Loveless filed an Appeal from a partial denial by the 
DOE's Idaho Operations Office (Idaho Operations) of a Request for 
Information which he had submitted under the Freedom of Information Act 
(FOIA). Mr. Loveless had requested documents concerning the award of a 
contract by the DOE to MK-Ferguson, Inc. In considering the Appeal, the 
DOE found that Idaho Operations could properly invoke the 
``predecisional'' privilege of Exemption 5 of the FOIA to withhold 
material in a Source Evaluation Board report that represented the 
deliberations and recommendations of the Board. The DOE also found that 
similar material in contract modification memoranda could be withheld 
under the privilege. The DOE, however, found that much of the material 
in the documents did not constitute deliberative material and, 
therefore, should be segregated and released to Mr. Loveless, unless 
covered by another FOIA exemption. Further, the DOE noted that the 
contract in question was awarded under the Federal Acquisition 
Regulations as amended by the DOE Acquisition Regulations. If any 
information was released under the debriefing provisions of these 
regulations, or otherwise made public during the contracting process, 
this information could not be withheld under Exemption 5. Finally, the 
DOE instructed Idaho Operations to consider the Memorandum to All 
Department Heads on FOIA matters issued by Attorney General Janet Reno. 
Accordingly, the Appeal was granted in part, and the request remanded 
to Idaho Operations for further action in accordance with the 
instructions in the Decision.

Linda J. Carlisle, 7/22/94, LFA-0394

    Linda J. Carlisle file an Appeal from a determination issued to her 
by the Director of the Utility Systems Division of the Office of 
Utility Technologies of the DOE's Office of Energy Efficiency and 
Renewable Energy in response to a Request for Information submitted 
under the Freedom of Information Act (FOIA). In considering the Appeal, 
the DOE found that Mrs. Carlisle's original FOIA request was vague. 
Under these circumstances, under the DOE FOIA regulations, the agency 
has the obligation to contact the requester to clarify the request. The 
DOE contacted Mrs. Carlisle and determined that she sought six 
categories of information. Accordingly, the Appeal was granted in part 
and the clarified request was remanded to the Freedom of Information 
and Privacy Branch of the Reference and Information Management Division 
of the Office of Administrative Services to determine which offices may 
need to search for responsive documents.

Request for Exception

Little River Village Campground, Inc., 7/19/94, LEE-0127

    Little River Campground, Inc. (Little River) filed an Application 
for Exception requesting permanent relief from the Energy Information 
Administration (EIA) requirement that it file Form EIA-728B, the 
``Resellers'/Retailers' Monthly Petroleum Product Sales Report.'' In 
considering this request, the DOE found that Little River was 
experiencing a serious hardship of a temporary nature. Accordingly, 
temporary exception relief was granted to Little River from July 1994 
until December 1994. Since Little River demonstrated that there was a 
clear need for an expeditious determination of the firm's Application 
for Exception, the DOE determined that exception relief should be made 
effective immediately through the issuance of a Final Decision and 
Order pursuant to 10 C.F.R. Sec. 205.69C, rather than the issuance of a 
Proposed Decision and Order.

Refund Applications

Atlantic Richfield Company/Commonwealth Propane, Inc., 7/21/94, RF304-
13307

    The DOE issued a Decision and Order denying an Application for 
Refund filed by LK, Inc. (LK) in the Atlantic Richfield Company (Arco) 
refund proceeding on behalf of Commonwealth Propane, Inc. 
(Commonwealth). It was determined that LK failed to notify the DOE that 
Commonwealth's claim duplicated a previous filing. Therefore, LK was 
directed to submit, within thirty days of the date of the Decision and 
Order, an explanation of its role in the matter. The DOE determined 
that until this response was received, Arco refunds would be granted 
directly to the applicants that LK represents.

Enron Corporation/Farmers Union Central Exchange, Inc. Land O'Lakes, 
Inc., 7/18/94, RF340-160, RF340-161

    Farmers Union Central Exchange, Inc. (CENEX) and Land O'Lakes (LOL) 
submitted Applications for Refund in the Enron Corporation refund 
proceeding. The DOE determined that in 1987 CENEX became the petroleum 
product supplier for the cooperative customers of LOL and Midland 
Cooperatives, Inc. (Midland), and therefore was entitled to a refund of 
$1,120,808 under the presumption of injury for cooperatives for Enron 
product purchased by CENEX, LOL and Midland and resold to those firms' 
member customers. This refund to CENEX was subject to reporting 
requirements and a dollar for dollar passthrough. With respect to Enron 
product that LOL resold to non-member customers during the refund 
period, the DOE found that the presumption of injury for cooperatives 
did not apply. However, the DOE found that LOL was entitled to a refund 
of $70,610 for these Enron purchases under the mid-range presumption of 
injury for resellers. Accordingly, the total refund granted to CENEX 
and LOL was $1,191,418.

Florida Public Utilities Co., 7/18/94, RF272-92184

    The DOE issued a Decision and Order concerning the Application for 
Refund of Florida Public Utilities (FPU) in the crude oil overcharge 
refund proceeding. The DOE determined that the applicant resold the 
refined petroleum products that formed the basis of its application and 
thus passed on the costs of any overcharges to its customers. 
Therefore, the DOE concluded that FPU was not injured by any of the 
overcharges associated with the gallons that it purchased. Accordingly, 
the Application for Refund was denied.

Texaco Inc./Loop's Airport Texaco, 7/20/94, RF321-21005

    On July 19, 1990, the DOE issued a Decision and Order in the Texaco 
Inc. refund proceeding concerning an Application for Refund filed by 
Loop's Airport Texaco, a retailer of Texaco products. That refund was 
based upon a statement by Bert N. Loop that he operated the retail 
outlet for the entire March 1973 to January 1981 refund period, and the 
volume of purchases at the location between those dates. Subsequently, 
another applicant filed an Application for Refund for the same retail 
location for the period beginning May 1978. Mr. Loop acknowledged that 
he left the outlet in 1978 and commenced operating another Texaco 
station for which he had not received any refund. The DOE found that 
Mr. Loop should repay, with interest, that portion of the refund 
attributable to purchases made after April 1978. However, this 
repayment obligation was reduced by the refund to which Mr. Loop was 
entitled with respect to the second Texaco station.

Texaco Inc./Major Oils, 7/22/94, RF321-4344

    The DOE issued a Decision and Order concerning an Application for 
Refund filed by George R. Dunn on behalf of Major Oils in the Texaco 
Inc. refund proceeding. Mr. Dunn claimed that Major Oils purchased 
36,530,672 gallons of Texaco motor gasoline and diesel fuel from Evans 
Oil during the consent order period. However, because Mr. Dunn could 
not substantiate his volume claim or show that the product he purchased 
originated with Texaco, the DOE denied the application.

Texaco Inc./Von Grantham Texaco, 7/22/94, RF321-20042, RF321-20043

    The DOE issued a Decision and Order concerning Applications for 
Refund that were filed on behalf of Von Grantham Texaco by Von Grantham 
(Case No. RF321-20042) and by Joe Anna Grantham (Case No. RF321-20043), 
requesting refunds based on purchases of Texaco petroleum products. Mr. 
Grantham was the owner of Von Grantham Texaco during the refund period, 
and Ms. Grantham claimed that she was entitled to half of the portion 
of the refund attributable to purchases made while she and Mr. Grantham 
were married. In considering this request, the DOE found that the terms 
of the couple's two divorce decrees awarded to Mr. Grantham the right 
to the refund. Accordingly, the DOE issued a Decision and Order 
granting the Application for Refund filed by Mr. Grantham and denying 
the one filed by Ms. Grantham.

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. 

ADCO CHEMICAL CO., INC....................................................  RF272-61760                 07/22/94
ATLANTIC RICHFIELD COMPANY/GUNLOCKE CO., INC. ET AL.......................  RF304-14362                 07/19/94
ATLANTIC RICHFIELD COMPANY/RANDY'S SERVICE STATION........................  RF304-15458                 07/18/94
BROWNING ELEMENTARY #9....................................................  RR272-118                   07/18/94
DST PROPERTIES, INC.......................................................  RC272-238                   07/20/94
EAST ALABAMA PAVING CO., INC. ET AL.......................................  RF272-90012                 07/20/94
GOOD HOPE REFINERIES/KERR-MCGEE CORPORATION...............................  RF339-8                     07/18/94
TRIANGLE REFINERIES, INC..................................................  RF339-9               ..............
GULF OIL CORPORATION/CULOTTA GULF STATION.................................  RF300-20414                 07/22/94
GULF OIL CORPORATION/JERSEY CAPE OIL COMPANY..............................  RF300-20399                 07/18/94
STONE HARBOR REALTY.......................................................  RF300-20400           ..............
SHESTON OIL CO............................................................  RF300-20401           ..............
GULF OIL CORPORATION/OLYMPIAN OIL CO......................................  RF300-15978                 07/22/94
GULF OIL CORPORATION/ROSEBORO GULF........................................  RR300-184                   07/18/94
JET GAS CORPORATION.......................................................  RR300-249             ..............
LOU-JAK TRUCKING SERVICE..................................................  RR272-139                   07/19/94
SIDNEY TRUCK & STORAGE, INC. ET AL........................................  RF272-93502                 07/18/94
TEXACO INC./DANIEL TEXACO SERVICE STATION #2..............................  RF321-11590                 07/21/94
TEXACO INC./SHAW'S TEXACO ET AL...........................................  RF321-489                   07/22/94
TEXACO INC./SOUTH COUNTY TEXACO ET AL.....................................  RF321-19810                 07/18/94
TOWN OF TOWNSEND, MASS....................................................  RR272-121                  07/18/94 
                                                                                                                

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                         NAME                               CASE NO.    
------------------------------------------------------------------------
61ST STREET TEXACO....................................  RF321-14423     
BLOTT'S TEXACO........................................  RF321-15751     
BLOTT'S WESTGATE TEXACO...............................  RF321-15749     
BURLINGTON TEXACO.....................................  RF321-16970     
C&S OIL CO............................................  RF321-14749     
DALTONS SERVICE STATION...............................  RF321-15769     
DESOTO, INC...........................................  RD272-42446     
DESOTO, INC...........................................  RF272-42446     
DOUG'S TEXACO.........................................  RF321-8814      
EASTSIDE TEXACO.......................................  RF321-15750     
FORGAY TEXACO.........................................  RF321-14491     
HARDAWAY TEXACO.......................................  RF321-339       
HAUSER TRUCKING CORP..................................  RF272-92575     
HIGH SCHOOL TEXACO....................................  RF321-8220      
INTERSTATE TEXACO.....................................  RF321-19382     
KATOLSKY TEXACO.......................................  RF321-540       
M & H TEXACO..........................................  RF321-5919      
MILLETT'S GLOBE TEXACO................................  RF321-8054      
RAYS TEXACO...........................................  RF321-8307      
UNIVERSAL SHEET METAL.................................  RF272-90356     
WAYNE MOTT FARMS......................................  RF300-18847     
WILLIE QUALLS GULF SERVICE............................  RF300-14003     
------------------------------------------------------------------------

    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 looseleaf reporter system.

    Dated: September 7, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-22893 Filed 9-14-94; 8:45 am]
BILLING CODE 6450-01-P