[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Notices]
[Pages 21513-21515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10756]
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DEPARTMENT OF ENERGY
Office of Hearings and Appeals
Notice of Issuance of Decisions and Orders During the Week of
April 3 Through April 7, 1995
During the week of April 3 through April 7, 1995 the decisions and
orders summarized below were issued with respect to applications for
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.
Personnel Security Hearing
Albuquerque Operations Office, 4/4/95, VSO-0012
An OHA Hearing Officer issued an opinion restoring the access
authorization and PSAP authorization of a Respondent. The Respondent's
authorizations had been suspended when it was discovered that he had
once smoked marijuana. The Hearing Officer found that the Respondent's
youth was a significant factor in his decision to engage in an
experimental use of marijuana. In addition, the Hearing Officer found
that the Respondent had shown adequate rehabilitation and growth in his
sense of responsibility since the incident.
Refund Applications
Dalco Petroleum/Farmland Industries Inc., et al., 4/3/95, RF248-8 et
al.
The DOE issued a Supplemental Decision and Order concerning four
Applications for Refund filed by purchasers of propane from Dalco
Petroleum Inc. In an earlier Decision, the applicants were granted
refunds from monies collected from Dalco pursuant to the terms of a
consent order with DOE. Recently, Dalco made a supplemental payment to
the DOE. Dalco Petroleum Inc./Farmland Industries Inc., 16 DOE 85,057
(1987). Prior to granting supplemental refunds, DOE modified the terms
by which the refund proceeding is conducted by increasing the small
claims injury presumption refund ceiling from $5,000 to $10,000. In
addition, the DOE applied a medium-range injury presumption under which
applicants could receive a refund of 40% of their maximum potential
refund without presenting detailed evidence of injury, subject to
$50,000 ceiling. The supplemental refunds granted in this proceeding
total $672,930 ($639,224 principal plus $33,706 interest). The DOE also
stated its intention to make all residual funds in the Dalco settlement
fund available for indirect restitution pursuant to the Petroleum
Overcharge Distribution and [[Page 21514]] Restitution Act of 1986 as
of September 30, 1995.
Enron Corp./Austin Hydro Gas Co., et al., 4/5/95, RF340-189, RF340-195
The DOE issued a Decision and Order concerning refund applications
that Austin Hydro Gas Company, Inc. (Austin) and General Development
Utilities, Inc. (GDU) 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 60%
mid-range presumption of injury. However, the DOE found that both firms
claimed gallonage purchased outside the refund period and that GDU had
inadvertently overestimated its average monthly purchases by including
a disproportionate number of winter months in its estimate.
Accordingly, the DOE reduced the total gallonage estimates submitted by
these firms. The DOE granted Austin and GDU a total refund of $125,396.
Texaco Inc./MAPCO, Inc., 4/5/95, RR321-152, RF321-21063
The DOE issued a Decision and Order in the Texaco Inc. special
refund proceeding granting a Motion for Reconsideration filed by MAPCO,
Inc. (MAPCO) and rescinding a refund granted to MAPCO previously. In
the Motion, MAPCO sought a refund equal to its full allocable share
based on its purchases of Texaco propane. In support of its claim of
injury above the medium-range presumption level, the firm submitted
information showing the status of its cumulative banked propane cost at
the end of the ``banking'' regulation period, as well as competitive
disadvantage analysis for its Texaco purchases of propane. The data
submitted showed that MAPCO had accumulated sufficient banks to justify
a full volumetric refund, and that the firm may have experienced a
substantial competitive disadvantage as a result of its Texaco
purchases. Accordingly, the Motion was granted, and MAPCO received a
total refund of $766,274 ($526,685 principal and $239,589 interest).
However, MAPCO had previously been granted a refund in the Texaco Inc.
special refund proceeding based on the medium-range presumption of
injury for its Texaco propane purchases. In its Motion MAPCO chose to
abandon the medium-range presumption of injury in its efforts to show
injury so as to receive its full allocable share. Therefore MAPCO's
prior refund of $50,000 plus interest 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/Bowers Oil Co., Inc. et al..................... RF304-13611 04/07/95
Gulf Oil Corporation/James River Corporation.............................. RF300-21352 04/07/95
Gulf Oil Corporation/Ward School Bus Manufacturing, Inc................... RF300-21387 04/07/95
Monsanto Chemical Company................................................. RF272-98770 04/05/95
Monsanto Chemical Company................................................. RF272-98771
Monsanto Chemical Company................................................. RF272-98772
Monsanto Chemical Company................................................. RF272-98773
Monsanto Chemical Company................................................. RF272-98774
Monsanto Chemical Company................................................. RF272-98821
Monsanto Chemical Company................................................. RF272-98822
Monsanto Agrucultural Company............................................. RC272-286
Parker Brothers & Company, Inc............................................ RF272-77544 04/07/95
Pay-N-Save, Inc........................................................... RF272-98812 04/05/95
Shell Oil Company/St. Regis Forest Prod. Div.............................. RF315-8235 04/05/95
Texaco Inc./Bill Boyd's Texaco et al...................................... RF321-20871 04/03/95
Texaco Inc./Glenview Texaco............................................... RF321-19295 04/03/95
Greenbay Pit Stop Service................................................. RF321-19296
Holiday Texaco............................................................ RF321-19297
Zion Pit Stop #2 Texaco................................................... RF321-19298
Ravinia Texaco............................................................ RF321-19299
Countryside Texaco........................................................ RF321-19300
Pit Stop #3 Texaco........................................................ RF321-19301
Tower Texaco.............................................................. RF321-19302
North Chicago Pit Stop #4................................................. RF321-19303
Texaco Inc./Lewis & Son Texaco............................................ RF321-21062 04/03/95
Texaco Inc./Monte's Texaco #1............................................. RF321-11318 04/03/95
Charles William Newell.................................................... RF321-21061
Texaco Inc./Stewart's Texaco et al........................................ RF321-20395 04/05/95
Texaco Inc./the Waysider et al............................................ RF321-9371 04/03/95
Dismissals
The following submissions were dismissed:
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Name Case No.
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Bamberg Texaco.................................... RF321-8230
Better Roads Inc.................................. RF272-90949
Bill & Bob's Texaco............................... RF321-19939
Bud Lord's Arco #1................................ RF304-14836
Bud Lord's Arco #2................................ RF304-14837
Burt's Texaco..................................... RF321-12873
Central Texaco.................................... RF321-5976
Convenience Marketing Corp........................ RF321-12599
Dewey County, OK.................................. RF272-86283
Flowers Snack of Tennessee........................ RF272-94440
Grant's Dairy, Inc................................ RF272-92810
Ho Ho Kus Texaco.................................. RF321-20811
[[Page 21515]]
Huntsville Utilities.............................. RF272-78672
Lake Region Union High School..................... RF272-96586
Live Oak LPG...................................... RF304-14816
Lockheed Environmental Systems & Technologies VWD-0001
Company.
Mound Bayou Public Schools........................ RF272-88263
Redmond Sand & Gravel Co.......................... RF272-98122
Sam Denaro's Texaco Service....................... RF321-20331
Santee's Arco..................................... RF304-14809
Southside Texaco of Monroe........................ RF321-8134
West Park Texaco.................................. RF321-11379
Winn-Dixie Atlanta, Inc........................... RF272-77493
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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: April 21, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-10756 Filed 5-1-95; 8:45 am]
BILLING CODE 6450-01-P