[Federal Register Volume 59, Number 209 (Monday, October 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26921]


[[Page Unknown]]

[Federal Register: October 31, 1994]


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DEPARTMENT OF ENERGY
 

Notice of Issuance of Decisions and Orders; Week of September 19 
Through September 23, 1994

    During the week of September 19 through September 23, 1994, the 
decisions and orders summarized below were issued with respect to 
appeals and applications for 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.

Appeal

Consultec Inc., 9/22/94, LFA-0415

    Consultec Inc. filed an Appeal from a determination issued by the 
Office of Placement and Administration of the Department of Energy in 
response to a request from Consultec under the Freedom of Information 
Act. Consultec sought the names of subcontractors to a DOE contract as 
well as a copy of any subcontracts that DOE possessed in its files. In 
considering the Appeal, the Office of Hearings and Appeals found that 
the Office of Placement properly withheld the names of subcontractors 
under Exemption 4 and performed an adequate search for subcontracts. 
Accordingly, the Appeal was denied.

Refund Applications

Enron Corp./Dilts Gas Service, Butane Gas Company, Novak Enterprises, 
Inc., 9/21/94, RF340-146, RF340-185, RF340-192

    The DOE issued a Decision and Order concerning refund applications 
that Dilts Gas Service (Dilts), Butane Gas Company (BGC), and Novak 
Enterprises, Inc. (Novak) had submitted in the Enron Corporation 
(Enron) special refund proceeding. The DOE found that those firms were 
retailers of Enron products who qualified for refunds under the small 
claim or 60 percent mid-range presumption of injury. However, the DOE 
found that Energy Refunds, Inc. (ERI) had submitted completely 
unrealistic and conflicting gallonage figures for Dilts and had failed 
to revise these estimates when it submitted ledger pages documenting 
the actual gallonage figures for that firm. Accordingly, the DOE found 
that ERI violated the terms of its reinstatement order. Energy Refunds, 
Inc., 24 DOE 85,016 at 88,034 (1994). The DOE granted Dilts, BGC and 
Novak a total refund of $44,115.

Telum Inc./Salt River Project Agricultural Improvement and Power 
District, 9/20/94, RF353-1

    The DOE issued a Decision and Order granting an Application for 
Refund filed by Salt River Project Agricultural Improvement and Power 
District (Salt River Project) in the Telum Inc. Subpart V special 
refund proceeding. In the Implementation Order establishing the Telum 
Inc. Subpart V special refund proceeding, the DOE determined that Salt 
River Project, a regulated public utility, was the only firm affected 
by the alleged overcharges that were the subject of the Telum consent 
order. Therefore, in the present Decision, Salt River Project was 
granted a refund equal to the entire collected amount of the Telum 
consent order ($56,149.35) plus all interest that has accrued since the 
Telum consent order funds were placed in a DOE escrow account. In 
compliance with the requirements of the Telum Inc. Subpart V 
Implementation Order, Salt River Project (i) certified that it will 
pass the refund it receives through to its customers, (ii) provided DOE 
with a full explanation of how it plans to accomplish this restitution, 
and (iii) certified that it will notify the appropriate regulatory body 
of the receipt of the refund.

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. 

                                                                                                                
                                                                                                                
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American Farm Lines, Inc.......................................................  RA272-60               09/22/94
Barnhill Contracting Company...................................................  RC272-253              09/21/94
Henry S. Branscome, Inc. et al.................................................  RF272-90009            09/23/94
Paulding Consumers & Supply et al..............................................  RF272-93902            09/20/94
Texaco Inc./Cappy's Texaco.....................................................  RF321-20477            09/20/94
Don Borland's Texaco...........................................................  RF321-21026                    
Texaco Inc./Flaming Gorge Texaco...............................................  RF321-17178            09/21/94
Texaco Inc./Maine Texaco et al.................................................  RF321-6130             09/21/94
Texaco Inc./Robinson Texaco....................................................  RF321-1772             09/20/94
Texaco Inc./South Dale Texaco..................................................  RF321-21031            09/20/94
Texaco Inc./Stan Silva's Texaco et al..........................................  RF321-12383            09/21/94
Texaco Inc./Westbelt Texaco....................................................  RF321-20661            09/20/94
Warren's Texaco Service........................................................  RF321-21027                    
Twin Petroleum Company.........................................................  RF272-93811            09/20/94
Whitaker Oil Co./Superior Sealants, Inc. et al.................................  RF351-24               09/21/94
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Dismissals

    The following submissions were dismissed:

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                        Name                               Case No.     
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Bell Dairy Products.................................  RF272-93698       
City of Cleveland Heights...........................  RF272-92035       
Dean Foods Company..................................  RF272-93694       
Dean Milk Co., Inc..................................  RF272-93695       
Deer Trail Truckline................................  RF272-90556       
Ergon, Inc..........................................  HEE-0056          
Ergon, Inc..........................................  RF171-18          
Freightways, Inc....................................  RF272-93323       
H & S Motor Freight.................................  RF272-93322       
Hayes Truck Line....................................  RF272-93320       
Liberty Dairy Company...............................  RF272-93696       
Otten Truck Line....................................  RF272-93321       
Patterson Texaco....................................  RF321-12406       
Ram Corporation.....................................  LEE-0159          
------------------------------------------------------------------------

    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 loose leaf reporter system.

    Dated: October 25, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-26921 Filed 10-28-94; 8:45 am]
BILLING CODE 6450-01-P