[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Notices]
[Pages 9682-9683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4192]



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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders; Week of November 28 
through December 2, 1994

Office of Hearings and Appeals
    During the week of November 28 through December 2, 1994 the 
decisions and orders summarized below were issued with respect to 
appeals and 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

Weed Associates, 12/2/94, VFA-0009

    Weed Associates (Weed) filed an Appeal from a determination issued 
to it on September 27, 1994, by the Office of Placement and 
Administration (OPA), an element of the Office of Headquarters 
Procurement Operations. In that determination, OPA denied in part 
Weed's request for information filed under the Freedom of Information 
Act (FOIA). In its Appeal, Weed challenged OPA's application of 
Exemption 4 to portions of the requested documents and asked that the 
DOE direct OPA to release the withheld portions of the documents. In 
considering the Appeal, the DOE found that OPA properly withheld some 
of the information at issue under Exemption 4. However, DOE found that 
the release of other portions of information would not cause 
substantial competitive harm to the submitter, and ordered their 
release. Therefore, the DOE granted in part Weed's Appeal.

Refund Applications

Miller Drilling Co. et al., 12/1/94, RF272-164 et al.

    The Department of Energy denied a Motion for Reconsideration filed 
by Miller Drilling Co. and six affiliated companies. The movants sought 
reconsideration of a Decision in which the DOE denied the Applications 
for Refund that they filed in the Subpart V crude oil refund 
proceeding. In the Decision, the DOE stated that the earlier denial was 
based upon a finding that one of the movants' affiliated companies had 
applied for and received a refund from one of the eight stripper well 
escrow accounts, and in so doing had executed a valid and binding 
waiver of its and any affiliate's right to file a subpart V crude oil 
claim. The movants argued that they should nonetheless receive a 
Subpart V refund because the gallonages claimed in their respective 
Subpart V applications were not included in the earlier stripper well 
claim, and because the movants were owned in part by a company that 
filed the stripper well claim. The DOE rejected these claims, finding 
that the waiver was clearly applicable to the movants.

Texaco Inc./David Blvd. Texaco, 11/30/94, RF321-19219

    The DOE issued a Decision and Order denying an Application for 
Refund in the Texaco Inc. special refund proceeding. John Jarovics 
(Jarovics) and Robert Kapner (Kapner) filed an Application Refund on 
behalf of Davie Blvd. Texaco, a service station located Ft. Lauderdale, 
Florida, for its purchases of Texaco petroleum products from Martin 
Petroleum (Martin). Martin [[Page 9683]] previously had been granted a 
refund for a service station at the same address as David Blvd. Texaco. 
Martin informed the OHA that it consigned its Texaco product purchases 
to various subleases of the station, of which Jarovics and Kapner were 
one. Jarovics and Kapner could not produce any evidence which could 
substantiate their claim that they purchased the Texaco products from 
Martin and did not take the products on consignment. The DOE determined 
the consignees of purchasers of Texaco products were not eligible for a 
refund and that Jarovics and Kapner had failed to establish that they 
in fact purchased the Texaco products from Martin. Consequently, the 
DOE determined that granting Jarovics and Kapner a refund would not 
constitute restitution for Texaco's alleged overcharges and their 
Application for Refund should be denied.

Texas Utilities Company, 11/28/94, RC272-265

    A refund was granted to Texas Utilities Company (TUC) in the 
Subpart V crude oil refund proceeding in a decision dated September 29, 
1994 (Case No. RF272-94695). However, a subsidiary of TUC, Texas 
Utilities Electric Company, had executed a Utilities Escrow Settlement 
Claim Form and Waiver and Release in the Department of Energy Stripper 
Well Exemption Litigation. The execution of this form waived the rights 
of the signatory, its parent and any affiliates to any future crude oil 
refund payments. Upon discovering the waiver signed by the subsidiary, 
the refund granted in Case No. RF272-94695 was rescinded.
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/Schock Arco....................................  RF304-15462                 11/29/94
Choctaw County et al......................................................  RF272-86600                 11/30/94
Clark Oil & Refining Corp./Coleman's Clark Service........................  RF342-327                   11/29/94
Farmers Union Oil Co. et al...............................................  RF272-86706                 12/02/94
Farmers Union Oil Co. of Gary et al.......................................  RF272-92058                 12/02/94
Glendenning Motorways, Inc................................................  RC272-266                   11/29/94
Ralston Purina Co.........................................................  RF272-91916                 11/29/94
Ralston Purina Co.........................................................  RF272-92153           ..............
Ralston Purina Co.........................................................  RF272-97112           ..............
Texaco Inc./Baker's Texaco #2.............................................  RF321-21040                 12/01/94
Texaco Inc./Curran's Texaco...............................................  RF321-21048                 11/30/94
Texaco Inc./E.A. Wilson Co................................................  RF321-12963                 12/02/94
Booker Gas & Oil Co.......................................................  RF321-20875           ..............
Bryant Oil Co., Inc.......................................................  RF321-20964           ..............
Texaco Inc./Lake Worth Texaco et al                                         RF321-20199                 11/30/94
Texaco Inc./Lee's Texaco et al............................................  RF321-9564                  11/30/94
Texaco Inc./North Union Texaco et al......................................  RF321-8212                  11/30/94
Texaco Inc./Ray Wietor's Texaco et al.....................................  RF321-1229                  11/30/94
Texaco Inc./Spiros Karamalegos............................................  RF321-21025                 12/01/94
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                       Name                               Case No.      
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Arlington School District.........................  RF272-80198         
Arnold's Texaco #1................................  RF321-19807         
D. Thurston's Sons, Inc...........................  RF321-12648         
Farmers Union Oil Co. of Gary.....................  RF272-92060         
Farmers Union Oil Co. of Gary.....................  RF272-92059         
H. C. Petroleum, Inc..............................  LEE-0094            
Leon Clements.....................................  RF321-12473         
Leon Faddis & Son, Inc............................  RF272-94771         
Oak Hill Texaco...................................  RF321-12398         
Ray Marchand Oil Co...............................  VEE-0002            
Robert Texaco.....................................  RF321-12405         
Rubicon, Inc......................................  RR321-172           
Supervalu, Inc....................................  RF321-20514         
Wilkinson County..................................  RF272-85575         
Wounded Knee School District......................  RF272-80454         
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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: February 13, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-4192 Filed 2-17-95; 8:45 am]
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