[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]
-----------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Dismissals
The following submissions were dismissed:
------------------------------------------------------------------------
Name Case No.
------------------------------------------------------------------------
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