[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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