[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Notices]
[Pages 21798-21799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10903]



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DEPARTMENT OF ENERGY
The Office of Hearings and Appeals


 Notice of Issuance of Decisions and Orders; Week of January 23 
Through January 27, 1995

    During the week of January 23 through January 27, 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.

Appeal

The National Security Archive, 1/23/95, VFA-0015

    The National Security Archive (NSA) filed an Appeal from a 
determination issued to it on December 5, 1994, by the Director, Office 
of Arms Control and Nonproliferation of the Department of Energy (Arms 
Control) which denied a request for information it had filed under the 
Freedom of Information Act (FOIA). The request sought records relating 
to negotiations with Japan, and the transfer of plutonium to Japan 
between 1980 and 1983. Arms Control stated that it did not possess any 
responsive documents, and the Appeal challenged the adequacy of the 
search. In considering the Appeal, the DOE found that Arms Control 
conducted a reasonable search for responsive documents located in its 
files. However, the DOE found that other offices that were not searched 
might have responsive documents. Accordingly, NSA's Appeal was granted 
and the matter was remanded to the FOIA Office for a search of all of 
the offices or their successors originally named in NSA's request or 
its Appeal.

Implementation of Special Refund Procedures

Ed'S Exxon, Ron's Shell, 1/27/95, LEF-0078, LEF-0084

    The DOE issued a Decision and Order implementing special refund 
procedures to distribute $3,657.84, plus accrued interest, which Ed's 
Exxon and Ron's Shell (the remedial order firms) remitted to the DOE 
pursuant to Remedial Orders issued on September 30, 1981, and April 27, 
1982, respectively. The DOE determined that it would distribute the 
fund in two stages. In the first stage, the DOE will accept 
applications for refund from those claiming injury as a result of the 
remedial order firms' violations of Federal petroleum pricing 
regulations. If any funds remain after meritorious claims are paid in 
the first stage, they will be used for indirect restitution through the 
States in accordance with the provisions of the Petroleum Overcharge 
Distribution and Restitution Act of 1986.

Refund Applications

Rochdale Village, Inc., 1/27/95, RF272-66448, RD272-66448

    The DOE issued a Decision and Order granting a refund to Rochdale 
Village, Inc., in the crude oil overcharge refund proceeding. Rochdale 
Village operates an apartment complex in New York City. In granting a 
refund, the DOE rejected an argument from a group of states and 
territories that certain increases in New York City's rent control 
guidelines adequately compensated Rochdale Village for crude oil 
overcharges. The DOE also denied a Motion for Discovery submitted by 
the group of states and territories.
Standard Oil Co. (Indiana)/Oklahoma, Belridge/Oklahoma, Palo Pinto/
Oklahoma, OKC/Oklahoma, Vickers/Oklahoma, Standard Oil Co. (Indiana)/
Oklahoma, 1/25/95, RM21-282, RM8-283, RM5-284, RM13-285, RM1-286, 
RM251-287

    The DOE issued a Decision and Order granting Motions for 
Modification of previously-approved refund plans filed by the State of 
Oklahoma in the Standard Oil Co. (Indiana) (Amoco I and II), Belridge 
Oil, Palo Pinto Oil & Gas, OKC Corp., and Vickers Energy Corp. refund 
proceedings. Oklahoma requested permission to use $45,000 in interest 
from funds which the State originally received or other second-stage 
refund proposals to install a compressed natural gas line between 
Kingston, Oklahoma, and Lake Texoma State Park. The project will supply 
natural gas service to residents and businesses in the surrounding area 
as well as to the state park, and it is to serve as a pilot program for 
other sites within the state. In accordance with prior Decisions that 
have noted the benefits of encouraging the use of alternative fuels, 
the DOE approved Oklahoma's Motions.
[[Page 21799]]

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/Carl's      RF304-15464.........     01/23/95
 Arco.                                                                  
Atlantic Richfield Company/North       RF304-13214.........     01/23/95
 Market Arco et al.                                                     
Cedar Fair, L.P......................  RF272-93563.........     01/23/95
City of Broken Bow et al.............  RF272-84910.........     01/27/95
Davis County Schools et al...........  RF272-86678.........     01/25/95
Glendenning Motorways, Inc...........  RF272-89025.........     01/23/95
Wag Enterprises, Inc.................  RF272-89026.........  ...........
Hawaiian Airlines, Inc...............  RF272-98767.........     01/25/95
Eastern Air Lines, Inc...............  RF272-98778.........  ...........
Prairie Transportation, Inc..........  RF272-95099.........     01/27/95
Star Truck Rental Inc................  RF272-93462.........     01/25/95
Stoops Express.......................  RF272-82514.........     01/25/95
Monkem Co., Inc......................  RF272-82515.........  ...........
Texaco Inc./Atkins' 7-day Market.....  RF321-18684.........     01/25/95
Stop & Shop..........................  RF321-18685.........  ...........
Texaco Inc./Joe Dvornich Texaco et al  RF321-20243.........     01/27/95
Texaco Inc./Skyline Texaco et al.....  RF321-20646.........     01/27/95
Warner & Smith Motor Freight, Inc....  RF272-89454.........     01/27/95
                                                                        

Dismissals

    The following submissions were dismissed:

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                       Name                               Case No.      
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Alpha Beta Company................................  RF321-20365         
American Western Corp.............................  RF321-20363         
Austin Bridge & Road, Inc.........................  RF272-93567         
Braswell Sand & Gravel Co., Inc...................  RF272-95002         
Brooks Lumber Company.............................  RF272-94277         
Hamakua Sugar Company, Inc........................  RF321-20362         
Kalama Chemical, Inc..............................  RF272-90203         
Purity Dairies, Inc...............................  RF272-97254         
Singer Sewing Company.............................  RF321-20360         
Stephens Contracting..............................  RF272-95318         
TFCO, Inc.........................................  RF304-14616         
Tiger Oil Co......................................  RF321-20500         
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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 27, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-10903 Filed 5-2-95; 8:45 am]
BILLING CODE 6450-01-P