[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Notices]
[Pages 21801-21802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10901]



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Office of Hearings and Appeals


Issuance of Decisions and Orders During the Week of March 27 
Through March 31, 1995

    During the week of March 27 through March 31, 1995 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.

Appeals

David K. Hackett, 3/31/95, VFA-0032

    David K. Hackett filed an Appeal from a determination issued by the 
Oak Ridge Operations Office (Oak Ridge) of the Department of Energy. In 
its determination, Oak Ridge stated that it was providing all documents 
responsive to the Appellant's November 6, 1994 request under the 
Freedom of Information Act (FOIA) which were in the possession of Oak 
Ridge. In his Appeal, the Appellant challenged the adequacy of Oak 
Ridge's search. The DOE found that some confusion had arisen because 
the Appellant had submitted three partially overlapping FOIA requests, 
and because three different DOE offices had been assigned to respond to 
the request at issue in this Appeal. In its Decision and Order, the DOE 
explained which offices were responsible for responding to each request 
and how the request at issue in this particular case had been divided 
among these offices. The DOE concluded that there may be responsive 
documents that were not identified in the initial search and that some 
factual issues needed clarification. Accordingly, the DOE granted the 
Appeal and remanded the matter to Oak Ridge for further action.

J. Eileen Price, 3/27/95 VFA-0031

    J. Eileen Price filed an Appeal from a determination issued to her 
by the Western Area Power Administration (WAPA) of the Department of 
Energy. The determination partially denied a Request for Information 
which Ms. Price submitted under the Freedom of Information Act. Ms. 
Price requested copies of all appraisal information in her personnel 
file, including any unofficial documents, notes and files which 
pertained to her or her employment in WAPA's Loveland Area Office 
beginning in October 1992. In its determination, the WAPA provided Ms. 
Price various documents responsive to her Freedom of Information Act 
Request. However, Ms. Price, in her Appeal, argued that further 
responsive documents must exist, since she had knowledge regarding the 
existence of several documents which WAPA failed to provide to her in 
its response. During its consideration of the Appeal, the DOE was 
notified by WAPA that it had discovered several documents which might 
be responsive to Ms. Price's FOIA Request. Consequently, the DOE 
granted the Appeal and remanded the matter to WAPA for a determination 
on the newly discovered documents.

Mid-Missouri Nuclear Weapons Freeze, Inc., 3/27/95 VFA-0029

    Mid-Missouri Nuclear Weapons Freeze, Inc. (MNWF) filed an Appeal 
from a denial issued to it by the FOIA/Privacy Act Division of the 
Department of Energy and a partial denial issued to it by the Office of 
Nuclear Energy (DOE/NE) of a Request for Information which it had 
submitted under the Freedom of Information Act. In considering the 
Appeal, the DOE found that the Oak Ridge Operations Office and the 
Office of Nuclear Energy had conducted searches reasonably calculated 
to find the requested information, and that all responsive documents 
had been released to MNWF. The DOE also found that MNWF had erred in 
believing that the Oak Ridge Operations Office was withholding 
subcontractor records. The Appeal was therefore denied.

Physicians for Social Responsibility, Inc., 3/29/95 VFA-0030

    Physicians for Social Responsibility, Inc. (PSR) filed an Appeal 
from a denial issued to it by FOIA/Privacy Act Division of the 
Department of Energy and a partial denial issued to it by the Office of 
Nuclear Energy (DOE/NE) of a Request for Information which it had 
submitted under the Freedom of Information Act. In considering the 
Appeal, the DOE found that the Oak Ridge Operations Office and the 
Office of Nuclear Energy had conducted searches reasonably calculated 
to find the requested information, and that all responsive documents 
had been released to PSR. The DOE also found that PSR had erred in 
believing that the Oak Ridge Operations Office was withholding 
subcontractor records. The Appeal was therefore denied.

Personnel Security Hearing

Rocky Flats Field Office, 3/27/95, VSO-0008

    A Hearing Officer from the Office of Hearings and Appeals issued an 
Opinion regarding the eligibility of an individual to maintain a level 
``Q'' access authorization under the provisions of 10 CFR part 710. The 
individual was alleged to have an illness or mental condition 
(difficulty in controlling his temper) of a nature that in the opinion 
of a board-certified psychiatrist causes, or may cause, a significant 
defect in his judgment or reliability. The individual was also alleged 
to abuse alcohol. On January 25, 1995, an evidentiary hearing was 
conducted in which a DOE-sponsored psychiatrist and the individual 
testified, along with other relevant witnesses. After carefully 
examining the record of the proceeding, the Hearing Officer determined 
that the psychiatrist had based his diagnosis in part upon incorrect 
information. In addition, there [[Page 21802]] were significant 
mitigating factors, primarily the individual's substantial reduction of 
his alcohol intake over the last year and the fact that the last 
incident of lack of temper control was several years ago. The Hearing 
Officer concluded that neither the individual's alcohol use nor his 
mental condition present a risk to national security. Accordingly, the 
Hearing Officer found that the individual's access authorization should 
be reinstated.

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/Greens Propane Gas Co., Inc. et al.............  RF304-13473                 03/31/95
Enron Corp./Liquigas, Inc.................................................  RF340-116                   03/27/95
Highland Butane Company...................................................  RF340-175                           
Knop Butane Company.......................................................  RF340-193                           
Robrock Oil Company, Inc..................................................  RF272-97148                 03/29/95
Texaco Inc./Caranil Service Station.......................................  RR321-174                   03/31/95
Texaco Inc./Roger's Port Service..........................................  RF321-7523                  03/27/95
Zarate Texaco.............................................................  RF321-19920                         
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                       Name                               Case No.      
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Buddy O'S Texaco Service..........................  RF321-19350         
City of Florence..................................  RF272-88608         
Daymark Foods, Inc................................  RF272-88760         
Douglas County School Dist. 4.....................  RF272-96542         
Duart Film Labrotories, Inc.......................  RF272-88825         
E.M. Melahn Construction..........................  RF272-88979         
Edgecombe County Schools..........................  RF272-90429         
Enloe's Texaco Travel Center......................  RF321-19351         
Golden Valley County..............................  RF272-96789         
Harold J. Brim Texaco & U-Haul....................  RF321-20708         
J.O. Ramsey Trucking Company......................  RF272-88928         
James Devaney Fuel Co., Inc.......................  RF321-20563         
Lee County Schools................................  RF272-90104         
Lehigh Arco.......................................  RF304-14785         
Mallette Brothers Trucking........................  RF272-88950         
Smith Sand and Gravel Co..........................  RF315-9167          
State Line Texaco.................................  RF321-20641         
Town of Mercedes..................................  RF272-88034         
Town of Poland....................................  RF272-88135         
Village of Covington..............................  RF272-88315         
Westside Elementary...............................  RF272-88052         
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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 
p.m. and 5 p.m., except federal holidays. They are also available in 
Energy Management: Federal Energy Guidelines, a commercially published 
loose leaf reporter system.

    Dated: April 27, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-10901 Filed 5-2-95; 8:45 am]
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