[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25907]


[[Page Unknown]]

[Federal Register: October 19, 1994]


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DEPARTMENT OF ENERGY
 

Notice of Issuance of Decisions and Orders During the Week of 
August 29 Through September 2, 1994

    During the week of August 29 through September 2, 1994 the 
decisions and orders summarized below were issued with respect to 
applications for 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.

Whistleblower Proceeding

Helen Gaidine Oglesbee, 9/2/94, LWA-0006

    Helen Gaidine Oglesbee (Oglesbee) filed a request for a hearing on 
February 28, 1994 under the Department of Energy's Contractor Employee 
Protection Program, 10 CFR part 708. Oglesbee had been and is currently 
an employee of Westinghouse Hanford Company (WHC). She alleged that she 
made health and safety complaints to her immediate supervisor from 
December 1990 to August 1991, and that beginning in October or November 
1991, she elevated these concerns to higher management officials at 
WHC. Oglesbee maintained that WHC took the following reprisals against 
her: Failing to respond to her health-related issues and denying her 
access to reports and analyses of those issues; removing her 
designation as ``lead'' secretary; issuing her a performance 
improvement plan; transferring her involuntarily to another WHC office; 
issuing her a performance expectations letter; issuing her written 
reprimands, and delaying promotions to Level IV Secretary and to 
permanent Plant Engineer. The DOE's Office of Contractor Employee 
Protection investigated the complaint and found that no reprisals had 
been taken against Oglesbee that would entitle her to relief under part 
708. Oglesbee requested a hearing before the OHA, reasserting her claim 
that reprisals were taken against her for raising health and safety 
concerns. The Hearing Officer in the OHA determined that with regard to 
certain of the allegations raised, Oglesbee failed to meet her burden 
of proving by a preponderance of the evidence that she made substantial 
and specific disclosures concerning health and safety to WHC. In those 
instances where Oglesbee made protected disclosures under part 708 
followed closely in time by adverse personnel actions, the Hearing 
Officer found that WHC had proven by clear and convincing evidence that 
it would have taken the same actions absent Oglesbee's disclosures, or 
that Oglesbee had already been provided an adequate remedy for the 
actions taken against her. Accordingly, the Hearing Officer concluded 
that Oglesbee failed to establish the existence of any violations of 
the DOE Contractor Employee Protection Program for which relief was 
warranted under Sec. 708.10.

Refund Applications

Enron Corporation/Dow Hydrocarbons and Resources, Inc., 8/29/94, RF340-
172

    Dow Hydrocarbons and Resources, Inc. (Dow) submitted an application 
for refund in the Enron Corporation refund proceeding. The DOE 
determined that Dow used Enron propane as a feedstock to produce 
certain olefins, primarily ethylene, and therefore was entitled to a 
refund under the presumption of injury for end-users of Enron products. 
The total refund granted to Dow, including interest, is $409,726.

Estate Of Midway Airlines 9/1/94 RF272-92455

    The DOE issued a Decision and Order concerning the Application for 
Refund of a claimant in the subpart V crude oil overcharge refund 
proceeding. The Application for Refund was based on purchases of 
petroleum products the applicant used in its jet airliners. The DOE 
determined that the applicant had waived its right to receive money 
from the Crude Oil Subpart V Special Refund Proceeding. Accordingly, 
the Application for Refund was denied.

Koppers Company, Inc., et al., 9/1/94 RC272-241, et al.

    The DOE issued a Decision and Order concerning Applications for 
Refund submitted in the Subpart V crude oil refund proceeding by 
Koppers Company, Inc. and eight of its subsidiaries. All nine of these 
Applications were previously granted. All of the applicants, however, 
were subsequently found to have been affiliated with Kaiser Sand & 
Gravel (Kaiser) on August 7, 1986. Kaiser had filed in the Surface 
Transporters Stripper Well proceeding, and in doing so, Kaiser had 
executed a waiver and release waiving its rights and the rights of all 
its affiliates on August 7, 1986, to receive a crude oil overcharge 
refund. Accordingly, this Decision rescinded the original refunds 
granted to the nine applicants.

Texaco Inc./Inter City Texaco, 8/30/94 RR321-139

    The DOE issued a Decision and Order granting a Motion for 
Resconsideration filed on behalf of Inter City Texaco in the Texaco 
Inc. special refund proceeding. The DOE had previously rescinded a 
refund granted erroneously to Inter City (Case Nos. RF321-16561 and 
RF321-19481). Inter City had been granted a refund based on a schedule 
of purchases provided by Texaco, but the OHA later discovered that 
Inter City was supplied indirectly for the entire price control period. 
Inter City then filed a motion for reconsideration estimating its 
gallonage based on contemporaneous records referring to gallonage 
purchases from its supplier, Kenny Larson Oil. We therefore found that 
Inter City satisfied all the requirements necessary to obtain a refund 
in the Texaco proceeding and accordingly, Inter City's Motion for 
Reconsideration was granted.

Texaco Inc./Kenny Larson Oil Company, 8/29/94 RF321-20034

    Kenneth Larson filed an Application for Refund on behalf of Kenny 
Larson Oil Company (Larson) requesting a refund based on purchases of 
Texaco petroleum products. The DOE approved the application but, 
because Larson was in default in its obligations pursuant to a consent 
order, determined that the refund should be used to fund the firm's 
escrow account. Accordingly, the DOE issued a Decision and Order 
granting the Application and ordering that the refund amount be 
transferred from the Texaco Inc. escrow account to the Kenny Larson Oil 
Company escrow account.

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/Blue Valley Fuel Service et al.................  RF304-13627                 08/29/94
Barnhill Contracting Co...................................................  RF272-83436                 09/02/94
E.L. Garner, Inc..........................................................  RF272-68015                 09/02/94
East Texas Motor Freight..................................................  RF272-93633                 09/01/94
Enron Corp./Celanese Chemical Co., Inc....................................  RF340-131                   09/02/94
Enron Corp./Thomas Butane Company.........................................  RF340-180                   08/29/94
Raymond Oil, Inc..........................................................  RF340-190                           
IBP, Inc..................................................................  RF340-197                           
Etowah County.............................................................  RR272-114                   08/30/94
Gladieux Refinery, Inc....................................................  RF272-93003                 09/02/94
Gulf Oil Corporation/Arkansas Electric Cooperative Corp...................  RF300-20737                 08/29/94
Gulf Oil Corporation/Jim's Gulf Station et al.............................  RF300-16025                 08/30/94
Gulf Oil Corporation/M&A Corporation et al................................  RF300-15257                 09/01/94
Gulf Oil Corporation/White Grocery & Station..............................  RF300-18424                 08/30/94
Keesling Construction.....................................................  RC272-250                   09/01/94
J.W. Finley, Inc..........................................................  RC272-252                           
Lambert Oil Company, Inc..................................................  RF272-97063                 08/29/94
New Prague School District et al..........................................  RF272-97000                 09/02/94
R.B. Little, Inc. et al...................................................  RF272-85026                 09/02/94
Sutton's Steel & Supply, Inc. et al.......................................  RF272-93613                 09/02/94
Texaco Inc./A. Giordano & Sons, Inc. et al................................  RF321-7422                  09/02/94
Texaco Inc./Lard's Texaco et al...........................................  RF321-582                   09/02/94
Texaco Inc./Majewski's Texaco et al.......................................  RF321-20419                 08/31/94
Texaco Inc./North Star Mall Texaco et al..................................  RF321-5424                  08/31/94
Texaco Inc./Roy's Texaco et al............................................  RF321-6147                  09/02/94
W.R. Grace & Co.--Conn. Davison Chemical Division.........................  RF272-93691                 09/01/94
Whitewater School District et al..........................................  RF272-80868                09/02/94 
                                                                                                                

Dismissals

    The following submissions were dismissed: 

------------------------------------------------------------------------
                       Name                               Case No.      
------------------------------------------------------------------------
1st Colony Corp...................................  RF272-95129         
200 Haven Avenue..................................  RF272-95341         
552 Riverside Drive...............................  RF272-95328         
Antley's Texaco...................................  RF321-19686         
Augusta Roofing & Metal...........................  RF272-93633         
Ben Hill Griffin, Inc.............................  RF272-95163         
Bob's Texaco Service..............................  RF321-19663         
Clyde's Texaco Service Station....................  RF321-20046         
Colby's Texaco....................................  RF321-19627         
Deer Lodge Elementary Schools.....................  RF272-95401         
Dixie Electric, Inc...............................  RF272-95225         
East Bernard Independent School District..........  RF272-97114         
Felix Street Texaco...............................  RF321-20430         
Fife's Texaco Service.............................  RF321-19678         
H.B. Powell Texaco Service........................  RF321-20045         
J.O. Ramsey Trucking Co., Inc.....................  RF272-95204         
Jackson Sand & Gravel, Inc........................  RF272-95196         
John Tinney Delivery Service......................  RF304-15130         
Metro Area Transit................................  RF272-91565         
Motor Freight Express, Inc........................  RF272-78669         
Orv's Texaco......................................  RF321-19637         
Pennsylvania Turnpike Commission..................  RF272-86602         
Smith Brothers Gas Co.............................  LEE-0137            
Swift Cooperative Oil Co..........................  RF272-95041         
The Reedy Company.................................  LEE-0106            
Westside Gas......................................  RF321-19684         
Winston Limousine Service.........................  RF272-95200         
------------------------------------------------------------------------

    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: October 12, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-25907 Filed 10-18-94; 8:45 am]
BILLING CODE 6450-01-P