[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Notices]
[Pages 7534-7536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3139]



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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders; Week of November 7 
Through November 11, 1994

    During the week of November 7 through November 11, 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 [[Page 7535]] list of submissions 
that were dismissed by the Office of Hearings and Appeals.

Appeals

Citizen Action, 11/07/94, VFA-0002

    Citizen Action filed an Appeal from a determination issued by the 
Energy Information Administration (EIA) of the Department of Energy in 
response to its request under the Freedom of Information Act (FOIA). 
Citizen Action sought information regarding an EIA study entitled ``The 
Short Term Impact of Lower World Oil Prices on the U.S. Economy.'' In 
considering the Appeal, the Office of Hearings and Appeals found that 
EIA performed an adequate search for materials. Accordingly, the Appeal 
was denied.

Jane Affleck, 11/07/94, VFA-0003

    Ms. Jane Affleck filed an Appeal from a partial denial by the 
Office of Intergovernmental and External Affairs, Albuquerque 
Operations Office (AL) of a Request from Information which Ms. Affleck 
had submitted under the Freedom of Information Act (FOIA). In 
considering the Appeal, the Office of Hearings and Appeals (OHA) found 
that AL properly applied Exemption 5 to one paragraph of the document 
requested by Ms. Affleck. The paragraph had previously been reviewed in 
a decision of the OHA and was found to be both pre-decisional and 
deliberative. Accordingly, the Appeal was denied.

Requests for Exception

Capozzi Bros. Fuel Company, 11/07/94, LEE-0143

    Capozzi Bros. Fuel Company (Capozzi) filed an Application for 
Exception requesting permanent relief from the Energy Information 
Administration (EIA) requirement that it file Form EIA-782B, the 
``Resellers'/Retailers' Monthly Petroleum Product Sales Report.'' In 
considering this request, the DOE found that Capozzi was not 
experiencing a serious hardship, a gross inequity or an unfair 
distribution of burdens as a result of the requirement that it file 
Form EIA-782B. On August 16, 1994, the DOE issued a Proposed Decision 
and Order determining that the exception request should be denied. No 
Notice of Objections 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 Capozzi's Application for Exception.

Cooperative Oil Company, 11/07/94, LEE-0132

    Cooperative Oil Company filed an Application for Exception from the 
Energy Information Administration (EIA) requirement that it file Form 
EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum Product Sales 
Report.'' In considering this request, the DOE found that the firm was 
not suffering a gross inequity or serious hardship. On August 19, 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 with 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 
Cooperative Oil Company's Application for Exception.

Hattenhauer Dist. Co., 11/07/94, LEE-0146
    Hattenhauer Distributing Company (Hattenhauer) filed an Application 
for Exception from the Energy Information Administration (EIA) 
requirement that it file Form EIA-782B, the ``Resellers'/Retailers' 
Monthly Petroleum Product Sales Report.'' Hattenhauer claimed that it 
should be relieved of the requirement because it had been filing the 
Form since 1991 and because the task took the firm's limited office 
staff four hours to complete each month. In considering this request, 
the DOE found that Hattenhauer was not suffering a gross inequity or 
serious hardship. Accordingly, on August 19, 1994, the DOE issued a 
Proposed Decision and Order determining that the exception request 
should be denied. Neither Hattenhauer nor any other party filed an 
Objection to that Proposed Decision and Order, and the DOE issued it in 
final form.

Johnson Oil Company, 11/07/94, LEE-0121

    Johnson Oil Company filed an Application for Exception from the 
Energy Information Administration requirement that it file Form EIA-
782B, the ``Resellers'/Retailers' Monthly Petroleum Product Sales 
Report.'' In considering Johnson's request, the DOE found that the firm 
was not experiencing a serious hardship or gross inequity. Accordingly, 
exception relief was denied.

Pro Fuels, Inc., 11/07/94, LEE-0144

    Pro Fuels, Inc. (Pro Fuels) filed an Application for Exception from 
the Energy Information Administration (EIA) requirement that it file 
Forms EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum Product 
Sales Report,'' and EIA-821, the ``Annual Fuel Oil and Kerosene Sales 
Report.'' In considering this request, the DOE found that the firm was 
not suffering a gross inequity or serious hardship. Therefore, the DOE 
denied Pro Fuels' Application for Exception.

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/Pearl Oil Company...................................  RR304-69               11/09/94
City of Bridgeton et al........................................................  RF272-94918            11/09/94
City of El Cajon                                                                 RR272-182              11/08/94
Custer County High School......................................................  RF272-79848            11/07/94
Dundee Central School District #1 et al........................................  RF272-84617            11/08/94
Farmers Union Oil Co. et al....................................................  RF272-92031            11/08/94
Franklin County Community School Corporation et al.............................  RF272-81584            11/09/94
Gulf Chemical & Metallurgical et al............................................  RF272-93775            11/08/94
Gulf Oil Corporation/Hwy 31 Gulf et al.........................................  RF300-13971            11/10/94
Gulf Oil Corporation/Jesse Cordell General Delivery et al......................  RF300-21393            11/10/94
Gulf Oil Corporation/St. Andrews Gulf..........................................  RF300-18756            11/07/94
St. Andrews Gulf...............................................................  RF300-21800                    
St. Andrews Gulf...............................................................  RF300-21812                    
Melton Gulf....................................................................  RF272-89346            11/09/94
Olin Corporation...............................................................  RF272-93325            11/08/94
Paul Musselwhite Trucking Co...................................................  RF272-93414            11/08/94
Rio Grande Sunoco..............................................................  RF272-97182            11/08/94
Texaco Inc./Jimmy Cooke's Texaco...............................................  RF321-20429            11/08/94
Texaco Inc./Strawn Salvage Co. et al...........................................  RF321-12525           11/10/94 
[[Page 7536]]                                                                                                   
                                                                                                                
Warrick Co. Farm Bureau Coop...................................................  RF272-93758            11/08/94
Mauston Farmers Coop Assn......................................................  RF272-93765                    
Montana-Dakota Utilities Co....................................................  RF272-93779                    
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                         Name                               Case No.    
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CSX Transportation, Inc..............................  RF321-20757      
Dennis McQuade.......................................  VFA-0006         
E.C. Crosby & Sons, Inc..............................  RF321-20695      
Economy Rentals, Inc.................................  RF272-93453      
Elgin Wipf...........................................  RF321-11393      
Englefield Oil Company...............................  LEE-0148         
Faulkner Bros., Inc..................................  RF321-4676       
Ferro Corporation....................................  RF272-93208      
International Business Machines Corp.................  RF272-91403      
McGil Specialized Carriers...........................  RF321-19853      
Petro Ltd............................................  RF349-19         
Ray's Gulf...........................................  RF300-13246      
Rubicon Inc..........................................  RF321-18817      
Sellers' Texaco......................................  RF321-482        
Wayne's Texaco.......................................  RF321-20660      
Wempner's Texaco.....................................  RF321-12919      
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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, SW., 
Washington, DC 20585, Monday through Friday, between the hours of 1:00 
p.m. and 5:00 p.m., except Federal holiday. They are also available in 
Energy Management: Federal Energy Guidelines, a commercially published 
loose leaf reporter system.

    February 2, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-3139 Filed 2-7-95; 8:45 am]
BILLING CODE 6450-01-P