[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Notices]
[Pages 47564-47565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22762]



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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders During the Office of 
Hearings and Appeals Week of June 5 through June 9, 1995

    During the week of June 5 through June 9, 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

Richard M. Ross, 6/8/95, VFA-0041

    Richard M. Ross filed an Appeal from a determination issued by the 
Oakland Operations Office (Oakland) of the Department of Energy in 
response to a request from him under the Freedom of Information Act 
(FOIA). Ross sought copies of records concerning past and present 
employment of nine identified DOE employees. In considering this 
Appeal, the DOE found that certain aspects of the search conducted by 
Oakland were inadequate and that Oakland had improperly withheld 
certain records concerning the private employment history of DOE 
employees pursuant to Exemption 6 of the FOIA. Accordingly, the Appeal 
was granted in part.
Rocky Flats Field Office, 6/5/95, VSO-0015

    An Office of Hearings and Appeals Hearing Officer issued an opinion 
under 10 C.F.R. part 710 concerning the continued eligibility of an 
individual for access authorization. After considering the testimony at 
the hearing convened at the request of the individual and all other 
information in the record, the Hearing Officer found that the 
individual has been a user of alcohol habitually to excess and that the 
diagnosis by a board-certified psychiatrist that the individual was 
suffering from alcohol abuse was based upon essentially undisputed 
facts. The Hearing Officer also found that the individual had failed to 
present sufficient evidence of rehabilitation, reformation or other 
factors to mitigate the derogatory information under 10 C.F.R. 
710.8(j). In particular, the Hearing Officer found that the individual 
had consumed excessive amounts of alcohol at least twice during the 
period of time that he claimed that his drinking was under control. 
Accordingly, the Hearing Officer recommended that the individual's 
access authorization, which had been suspended, should not be restored.

Refund Application

Texaco Inc./Joe Long's Texaco, 6/7/95 RF321-21065

    The Department of Energy (DOE) issued a Decision and Order (D&O) 
rescinding a refund that had been granted to Joe Long's Texaco. The 
refund was rescinded and the funds ordered redeposited into the Texaco 
escrow account because the DOE was unable to locate Mr. Long.

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/Motor Freight Express et al....................  RF304-12216                 06/07/95
Borough of Highland Park et al............................................  RF272-97500                 06/07/95
Gulf Oil Corporation/Howe Oil Company, Inc................................  RF300-20421                 06/07/95
Gulf Oil Corporation/South Bay Gulf.......................................  RF300-13963                 06/07/95
Texaco Inc./Field's Texaco Service et al..................................  RF321-220                   06/07/95
Texaco Inc./Fruitwood Texaco et al........................................  RF321-4975                  06/07/95
Texaco Inc./W.C. Hancock..................................................  RF321-20458                 06/09/95
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                       Name                               Case No.      
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Albuquerque Operations Office.....................  VSO-0025            
Atchison, Topeka & Santa Fe Railway...............  RF304-13208         
Bill's Texaco.....................................  RF321-20534         
Enchanted Oaks Texaco.............................  RF321-6691          
Herb's Texaco & Repair Shop.......................  RF321-20108         
Hyde Park Super Service Station...................  RF321-20848         
Monte Sweet's Self Service........................  RF321-11320         

[[Page 47565]]
                                                                        
Oak Ridge Operations..............................  VSO-0030            
Patterson & Brasher Texaco........................  RF321-20589         
Petroleum Service Co..............................  RF321-20590         
Ross Texaco.......................................  RF321-7195          
Sir John's ARCO...................................  RF304-14820         
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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: September 5, 1995.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 95-22762 Filed 9-12-95; 8:45 am]
BILLING CODE 6450-01-P