[Federal Register Volume 60, Number 93 (Monday, May 15, 1995)]
[Notices]
[Page 25906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11921]



-----------------------------------------------------------------------


DEPARTMENT OF ENERGY

Issuance of Decisions and Orders During the Week of April 10 
through April 14, 1995

    During the week of April 10 through April 14, 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

Natural Resources Defense Council, 4/14/95, KFA-0071
    The Natural Resources Defense Council (NRDC) filed an Appeal from a 
determination issued to it by the Office of Military Application (OMA) 
of the Department of Energy (DOE). The determination partially denied 
three Requests for Information which NRDC submitted under the Freedom 
of Information Act (FOIA). In its Requests, NRDC asked for copies of 
two documents and various unclassified graphs regarding the force 
structure of the United States' nuclear weapon stockpile. In its 
determination, OMA provided NRDC with redated copies of the two 
requested documents and further stated that the graphs were being 
withheld in their entirety since they were contained in another 
classified document. Since the withheld information was classified, OMA 
stated that the information was being withheld under Exemptions 1 and 3 
of the FOIA. NRDC argued that the two documents it was provided were 
improperly redacted and that OMA's reason for withholding the graphs 
was invalid. Additionally, NRDC argued that classified graphs 
potentially responsive to its requests could be made unclassified by 
redacting an axis of the graph and provided examples of various 
responsive graphs which had been released to the public. The DOE 
determined that under current classification guidelines, additional 
information from the two responsive documents could now be released but 
that the remainder of the withheld information in the documents were 
properly classified and withheld pursuant to Exemption 3. The DOE also 
found that it possessed no unclassified graphs other than the ones 
already in NRDC's possession and that in regard to potentially 
responsive classified graphs, such graphs were properly classified 
under the current classification guidelines. Further, the DOE 
determined that it was impossible to declassify any currently 
classified graphs by deletion of a particular element of the graph 
without risking the release of classified information. Consequently, 
NRDC's Appeal was granted in part.

Refund Application

Charter Co./California, 4/10/95 RM23-288
    The DOE issued a Decision and Order granting a Motion for 
Modification of a previously-approved refund plan filed by the State of 
California in the Charter Company second stage refund proceeding. 
California requested permission to reallocate $300,000 in previously 
disbursed Charter monies to the Sacramento City Intermodal Transit 
Access Project. The project is intended to improve connections between 
different forms of public transit in the Sacramento area. In accordance 
with prior Decisions that noted the benefits of similar plans, the DOE 
granted California's Motion.
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/Klein          RF304-14136......     04/14/95
 Trucking et al.                                                        
Gulf Oil Corporation/Walton's Auto        RF300-20084......     04/14/95
 Service et al.                                                         
Shell Oil Company/Howard Shell..........  RF315-8277.......     04/14/95
Texas Gas Transmission Corp.............  RF272-77212......     04/14/95

Dismissals

    The following submissions were dismissed:

------------------------------------------------------------------------
                         Name                               Case No.    
------------------------------------------------------------------------
Bacon Towing Co., Inc................................  RF272-96133      
Drumm Service Center #2..............................   RF321-17133     
Herzog Contracting Corp..............................  RF321-20158      
United Coal & Oil Company............................  RF321-20179      
University of Maine..................................  RF272-77609      
------------------------------------------------------------------------

    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: May 5, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-11921 Filed 5-12-95; 8:45 am]
BILLING CODE 6450-01-P