[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24586]


[[Page Unknown]]

[Federal Register: October 5, 1994]


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DEPARTMENT OF ENERGY
 

Issuance of Decisions and Orders the Week of June 20 through June 
24, 1994

Office of Hearings and Appeals
    During the Week of June 20 through June 24, 1994 the decisions and 
orders summarized below were issued with respect to applications for 
refund 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

Ivan J. Broussard, 6/21/94, LFA-0383

    Ivan J. Broussard filed an Appeal from a determination issued to 
him by the Privacy Act Officer of the Idaho Operations Office (Idaho) 
of the Department of Energy (DOE) in response to a request Mr. 
Broussard had submitted under the Privacy Act. In that determination, 
Idaho released to Mr. Broussard his entire Personnel File and portions 
of his Personnel Security File. Idaho withheld under Section 552a(k)(2) 
of the Privacy Act portions of Broussard's Personnel Security File 
which Idaho termed ``confidential source information.'' In considering 
the Appeal, the DOE found that Idaho had not adequately justified the 
application of Exemption (k)(2) to the information withheld from Mr. 
Broussard. Therefore, the DOE remanded the matter to Idaho with 
instructions to explain why Exemption (k)(2) applies to the facts of 
this case, and/or consider, and adequately justify if necessary the 
application of other exemptions to the facts at issue.

KECI Corporation, 6/20/94, LFA-0382

    Keci Corporation filed an Appeal from a denial by the Richland 
Operations Office (DOE/RL) of its request for documents concerning a 
whistleblower complaint that had been filed by a Kaiser Engineers 
Hanford contractor employee, Mr. George Lengas. DOE rejected 
Appellant's claim that Exemption 6 could never protect the requested 
information from disclosure, but remanded the Appeal to DOE/RL because 
the determination failed to describe the withheld documents or to state 
with particularity the justification for withholding such documents. On 
remand DOE/RL will either release the requested documents or issue a 
new determination which contains a descriptive index and specific 
justification for withholding the requested documents.

Williams & Trine, P.C., 6/24/94, LFA-0884

    Williams & Trine, P.C. filed an Appeal from a determination issued 
to the law firm on April 22, 1994, by the Manager/FOI Authorizing 
Official of the Rocky Flats Office of the Department of Energy (DOE). 
In that determination, the Manager stated that the DOE did not find any 
documents responsive to the appellant's information request under the 
Freedom of Information Act (FOIA). In considering the Appeal, the DOE 
confirmed that the Manager followed procedures which were reasonably 
calculated to uncover the requested information. Accordingly, the DOE 
denied the law firm's request.

Request for Exception

Pledger Oil Co., Inc., 6/24/94, LEE-0080

    Pledger Oil Co., Inc. (Pledger) filed an Application for Exception 
from the Energy Information Administration (EIA) requirement that it 
file Form EIA-782B, the ``Reseller/Retailers' Monthly Petroleum Product 
Sales Report.'' In considering Pledger's request, the DOE found that 
the firm was not experiencing a gross inequity or serious hardship. On 
April 8, 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 at 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 
Pledger's Application for Exception.

Refund Applications

Donco Carriers, Inc., 6/20/94, RR272-130

    Bassman, Mitchell & Alfano, Chartered, filed a Motion for 
Reconsideration on behalf of Donco Carriers, Inc. (Donco) and McMickle 
& Edwards in the Subpart V crude oil refund proceeding. The Motion 
requested a modification of the estimation technique used in the 
Supplemental Order issued on April 5, 1994, which partially rescinded 
the original refund granted to Donco on November 30, 1993. Bassman 
argued that Donco based its gallonage claim on its dollar purchases 
according to Interstate Commerce Commission (ICC) reports which exclude 
taxes. Therefore, Bassman argues that the price per gallon figures used 
to convert the dollar purchases to gallon should also exclude taxes. 
The DOE found this argument to be convincing and used tax-excluded 
prices when revising the estimation technique used to calculate the 
gallonage purchase. The applicant received an additional refund.

Good Hope Refineries/Exxon Company, USA., 6/22/94, RF339-18

    The DOE issued a Decision and Order granting an Application for 
Refund filed in the Good Hope Refineries special refund proceeding on 
behalf of Exxon Company, USA, a purchaser of covered Good Hope 
petroleum products during the refund period. In the Decision, the DOE 
determined that during the consent order period (August 19, 1973 to 
July 31, 1976) Exxon's purchases from Good Hope were made on a spot 
basis. Exxon was, therefore, found ineligible for a refund based on the 
allocation of total Good Hope overcharges (2.0854%) calculated by ERA 
and listed in the Good Hope audit file. The refund period, however, 
extends beyond the time frame covered by the ERA audit, until July 31, 
1979; and Exxon had established 32,518,051 gallons of regular Good Hope 
purchases made after July 1976 and before August 1979. The firm was, 
therefore, found eligible for a volumetric refund under the mid-level 
presumption of injury and its Application for Refund was granted for 
$50,000 plus interest.

Nashua Corporation, 6/21/94, RF272-25435, RD272-25435

    The DOE issued a Decision and Order granting an Application for 
Refund filed by Nashua Corporation (Nashua), a manufacturer of paper 
coatings, in the Subpart V crude oil refund proceeding. A group of 
States and Territories (States) objected to the application on the 
grounds that the applicant was able to pass through increased petroleum 
costs to its customers. In support of their objections, the States 
claimed that in 1979 the pulp and paper industry experienced record 
sales and profits, and that in 1973 and 1974 the return on 
shareholders' equity increased. The States further asserted that while 
energy costs increased during the 1970s, the pulp and paper industry 
was able to reduce its petroleum costs unit through energy conservation 
and use of alternate energy sources. Specifically with respect to the 
applicants, the States claimed that Nashua's sales and net earnings 
increased throughout the period of crude oil price controls. In 
addition, the States submitted an affidavit of an economist stating 
that, in general, the pulp and paper industry was able to pass through 
increased petroleum costs. In response to the State's Objection, Nashua 
argued that the States inappropriately relied on generalizations about 
the pulp and paper industry. Moreover, Nashua stated that it is not a 
pulp and paper manufacturer, but is in the coated paper products 
business. The applicant submitted an affidavit of the President, Chief 
Executive Officer and Chairman of Nashua, stating that the company's 
products were sold in a highly competitive market, forcing Nashua to 
absorb increased product costs. The DOE determined that the evidence 
offered by the States was insufficient to rebut the presumption of end-
user and that the applicant should receive a refund. The DOE also 
denied the States' Motion for Discovery, finding that discovery was not 
warranted where the States had not presented evidence sufficient to 
rebut the applicant's presumption of injury. The refund granted to the 
applicant in this Decision was $17,680.

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/Randy's Service Station, et al                   RF304-15017                 06/20/94
Clark Oil & Refining Corp./Watkins Oil Company, Inc                         RF342-7                     06/21/94
Shefond Oil, Inc..........................................................  RF342-227                           
Crusader Candle Company, et al............................................  RF272-91659                 06/22/94
Erie Lackawanna Railway Co., et al........................................  RF272-77397                 06/21/94
Eureka Crude Purchasing...................................................  RF272-69878                 06/23/94
Franklin County Farm Bureau, et al........................................  RF272-93815                 06/24/94
Gulf Oil Corporation/Blossman Gas, Inc                                      RF300-15827                 06/23/94
Gulf Oil Corporation/Chappell's Gulf #1                                     RF300-14318                 06/23/94
D&C Diagnostic Repairs....................................................  RF300-15671                         
Gulf Oil Corporation/Dow Chemical Company                                   RF300-20306                 06/22/94
Gulf Oil Corporation/Lock Haven Realty Co., Inc                             RF300-5915                  06/20/94
Candor Petroleum..........................................................  RF300-5916                          
McConnell Fuel Oil Co.....................................................  RF300-8421                          
John Eggers Fuel, Inc.....................................................  RF300-21791                         
Gulf Oil Corporation/Margate Auto Service Center, et al                     RF300-20115                 06/23/94
Gulf Oil Corporation/McLaren Silkworth Oil, et al                           RRF300-18395                06/20/94
Gulf Oil Corporation/Winston C. Bresett                                     RR300-254                   06/21/94
Kaplan & Sons Construction, et al.........................................  RF272-78324                 06/21/94
Mead Corporation..........................................................  RF272-66380                 06/24/94
Mead Corporation..........................................................  RF272-66380                         
Texaco Inc./Abbie Lewis Texaco Service Station                              RF321-11053                 06/22/94
Texaco Inc./Bill Stephens Texaco, et al                                     RF321-12414                 06/20/94
Texaco Inc./Brink's Inc., et al                                             RF321-4047                  06/20/94
Texaco, Inc./Crest Hill Texaco                                              RF321-18481                 06/20/94
Billy Boy Texaco..........................................................  RF321-18482                         
Billy Boy Texaco..........................................................  RF321-18483                         
Texaco, Inc./Klein's Texaco Service Station, et al                          RF321-19631                 06/20/94
Texaco, Inc./Richard Neal Texaco                                            RF321-21003                 06/22/94
Texaco, Inc./Santikos Texaco                                                RF321-10960                 06/24/94
Texaco Inc./The Dahl Oil Co., Inc                                           RF321-7199                  06/20/94
Automatic Comfort Corp....................................................  RF321-14326                         
W.H. Scheel, Inc..........................................................  RF321-18579                         
Warren Transportation.....................................................  RC272-237                   06/20/94
    Western Asphalt, Inc..................................................  RA272-59                            
                                                                                                                

Dismissals

    The following submissions were dismissed:

------------------------------------------------------------------------
                       Name                               Case No.      
------------------------------------------------------------------------
Bill's Gulf Station...............................  RF300-84336         
Chester A. Polling, Inc...........................  RF272-92306         
City of Bartow....................................  RF272-84790         
Consolidated Aluminum Co..........................  RF272-91823         
Eladio Saenz Texaco...............................  RF272-95269         
Evansville Community S.D..........................  RF272-84311         
Frank's Auto Repair...............................  RR272-95283         
Gulf Wholesale....................................  RR300-153           
Haas Texaco.......................................  RF321-19102         
Hubert E. Glass...................................  RF272-95286         
J&W Tire Sales....................................  RF272-95273         
Jefferson Smurfit Corp............................  RF272-92371         
John M. Eaves.....................................  LFA-0379            
L.W. Flusche......................................  RF272-95279         
Lonnie M. Stewart.................................  RF272-95274         
M&A Petroleum.....................................  RF272-95270         
Major Oil Company.................................  RF321-12661         
MassachusettsHospital School......................  RF272-86745         
McMinn Texaco.....................................  RF321-14793         
McMinn Texaco.....................................  RF321-14792         
Municipality of Ft. Yukon.........................  RF272-84336         
Raymond Brockett..................................  RF321-14292         
Raymond Brockett..................................  RF321-14291         
Republic Taxi Company.............................  RF272-55465         
Silsbee Butane Company, Inc.......................  RF272-95278         
Volvo GM Heavy Truck..............................  RF272-92369         
Wellman Oil Co....................................  RF321-14293         
Zip Car Wash......................................  RF272-95268         
------------------------------------------------------------------------

    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 
p.m. and 5 p.m., except federal holidays. They are also available in 
Energy Management; Federal Energy Guidelines, a commercially published 
loose leaf reporter system.

    Dated: September 27, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-24586 Filed 10-4-94; 8:45 am]
BILLING CODE 6450-01-P