[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29370]
[[Page Unknown]]
[Federal Register: November 29, 1994]
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DEPARTMENT OF ENERGY
Notice of Issuance of Decisions and Orders During the Week of
September 26 Through September 30, 1994
During the week of September 26 through September 30, 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
Federal Sources, Inc., 9/26/94, LFA-0413
Federal Sources, Inc. (FSI) filed an Appeal from a partial denial
by the Office of Placement and Administration (OPA) of Headquarters
Procurement Operations of the Department of Energy (DOE) of a request
for information which was submitted under the Freedom of Information
Act. The OPA had released to FSI a redacted copy of the requested
document, which contained information relating to a procurement that
has not yet been completed. In considering the Appeal, the DOE found
that the OPA had properly withheld from FSI the remainder of the
document, which contained source selection information as defined by
the Procurement Integrity Act. Because the Procurement Integrity Act is
a statute of exemption as contemplated by the Freedom of Information
Act, the Appeal was denied.
Mid-Missouri Nuclear Weapons Freeze, Inc., 9/26/94, LFA-0414
Mid-Missouri Nuclear Weapons Freeze, Inc. filed an Appeal from a
determination issued to it on July 29, 1994 by the Director of the
Contracts Division (Director) of the Chicago Operations Office of the
Department of Energy (DOE). The Appeal involved a Freedom of
Information Act request for documents relating to a study allegedly
done involving the Integral Fast Reactor. In his determination, the
Director stated that responsive documents could not be found. In
considering the Appeal, the DOE confirmed the possible existence of
documents responsive to the appellant's request. Accordingly, the DOE
remanded the case to the Director for a search of the DOE Oak Ridge
Operations Office and the DOE Office of Nuclear Energy.
Request for Exception
Woodman-Iannitti Oil Company, 9/27/94, LEE-0104
Woodman-Iannitti Oil Company (Woodman-Iannitti) filed an
Application for Exception from the Energy Information Administration
requirement that it file Form EIA-23, the ``Annual Survey of Domestic
Oil and Gas Reserves.'' In considering this request, the DOE
tentatively found that the firm was not experiencing serious hardship,
gross inequity, or unfair distribution of burdens from this filing
requirement, and, on May 3, 1994, issued a Proposed Decision and Order
determining that the exception request should be denied. A Statement of
Objections was filed on May 10, 1994. In its Objections, Woodman-
Iannitti provided fuller information to show that as a result of
declining production, financial problems and a shortage of staff, the
firm was disproportionately burdened by the requirement to file Form
EIA-23. In considering these Objections, the DOE found that Woodman-
Iannitti was experiencing an unfair distribution of burdens.
Accordingly, the DOE issued a final Decision and Order granting
Woodman-Iannitti's Application for Exception.
Implementation of Special Refund Procedures
Alameda Chevron, et. al., 9/26/94, LEF-0093, et al.
The Department of Energy issued a Decision and Order setting forth
the procedures for the disbursement of $83,847.58 that it received as a
result of a Remedial Order issued to Alameda Chevron and 15 other
retailers of motor gasoline. The monies will be used to provide refunds
to applicants who purchased refined petroleum products from any of the
16 retailers during the applicable audit periods, and who were injured
by overcharges. Any funds remaining after the direct claims are paid
will be disbursed to the States for indirect restitution.
Aptos Shell et al., 9/26/94 LEF-0092 et al.
The Department of Energy issued a Decision and Order setting forth
procedures for the disbursement of $21,764.57 received as a result of a
Remedial Order issued to Aptos Shell and four other retailers of motor
gasoline. The monies will be used to provide refunds to applicants who
purchased refined petroleum products from any of the five retailers
during the applicable audit period, and who were injured by
overcharges. Any funds remaining after all direct claims are paid will
be disbursed to the States for indirect restitution.
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.
Arthur P. Gumz Farms...................................................... RF272-93582 09/27/94
Pearce & Leblanc, Inc..................................................... RF272-93585
Organon, Inc.............................................................. RF272-93785
Atlantic Richfield Company/Al's Richfield Service et al................... RF304-13240 09/29/94
Atlantic Richfield Company/Verdugo ARCO................................... RF304-2144 09/28/94
OCTO #8................................................................... RF304-13891
OCTO #9................................................................... RF304-13892
Brookhaven School District et al.......................................... RF272-81338 09/27/94
Carsonville-Port Sanilac Schools.......................................... RR272-151 09/28/94
Clark Oil & Refining Corp./Bob Foy Dealer................................. RF342-326 09/26/94
Danville School District et al............................................ RF272-97056 09/30/94
Frascon, Inc. et al....................................................... RF272-53584 09/28/94
Gulf Oil Corporation/Bob's Gulf........................................... RF300-21798 09/30/94
Gulf Oil Corporation/Yow's Gulf........................................... RF300-21799 09/30/94
Herring National Lease, Inc............................................... RC272-254 09/29/94
Humboldt City Rural Electric Coop. et al.................................. RF272-93670 09/28/94
Metropolitan Petroleum & Fuel/Mel Schwartz................................ RF349-9 09/28/94
Mel Schwartz.............................................................. RF349-12
R.P. Richards, Inc. et al................................................. RF272-86735 09/30/94
Sherwin Industries, Inc................................................... RA272-61 09/29/94
Svonavec, Inc............................................................. RF272-94679 09/28/94
Ace Paving Co., Inc....................................................... RF272-94692
Texaco Inc./Bahr's Texaco et al........................................... RF321-781 09/30/94
Texaco Inc./Bill's Texaco Service et al................................... RF321-17147 09/26/94
Texaco Inc./Coliseum Texaco et al......................................... RF321-20407 09/26/94
Larkin Texaco............................................................. RR321-164
Texaco Inc./Lunsford's Texaco et al....................................... RF321-12305 09/29/94
Texaco Inc./Northridge Texaco et al....................................... RF321-4184 09/30/94
Texas Utilities Company................................................... RF272-94695 09/29/94
Town of Mount Carmel...................................................... RF272-83269 09/28/94
Dismissals
The following submissions were dismissed:
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Name Case No.
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Blue Circle Raia Inc.............................. RF272-91350
Davidson Oil & Supply, Inc........................ LEE-0149
GE Silicones...................................... RF272-93977
Lee County Commission............................. RF272-92097
Mack Printing Group--Eastern Division............. RF272-92106
Mary Ellen O'Brien................................ LWA-0008
Michael Stewart................................... LFA-0417
Midland Asphalt Corp.............................. RR272-144
Morton International, Inc......................... RF272-92056
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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: November 21, 1994.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 94-29370 Filed 11-28-94; 8:45 am]
BILLING CODE 6450-01-P