[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Notices]
[Pages 7252-7253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4403]



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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders During the Week of 
June 19 Through June 23, 1995

    During the week of June 19 through June 23, 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

A. Victorian, 6/22/95, VFA-0043

    Dr. A. Victorian filed an Appeal from a determination issued by the 
Oakland Operations Office (Oakland) of the Department of Energy in 
response to a request under the Freedom of Information Act (FOIA). Dr. 
Victorian sought documents concerning ``Project Woodpecker'' at 
Lawrence Livermore National Laboratory. The Oakland determination 
denied Dr. Victorian's request on the grounds that the DOE had no 
responsive documents. In considering this Appeal, the DOE found that 
Oakland followed procedures that were reasonably calculated to uncover 
responsive documents. Accordingly, the DOE denied Dr. Victorian's 
Appeal.

Ferenc M. Szasz, 6/22/95, LFA-0254

    Ferenc M. Szasz filed an Appeal from a denial by the National 
Archives and Records Administration of a request for information that 
he filed under the Freedom of Information Act (FOIA). Professor Szasz 
sought specified reports contained in Manhattan Project files. In 
considering the information that was withheld as classified material 
under Exemptions 1 and 3 of the FOIA, the DOE determined that all of 
the previously withheld material must continue to be withheld. 
Accordingly, the Appeal was denied.

Petition for Special Redress

State of Louisiana, 6/20/95, VEG-0001

    The DOE issued a Decision and Order granting a Petition for Special 
Redress filed by the State of Louisiana. Louisiana sought approval to 
use Stripper Well funds for a project which the DOE's Assistant 
Secretary for Energy Efficiency and Renewable Energy held to be 
inconsistent with the terms of the Stripper Well Settlement Agreement. 
The DOE approved the State's proposal to use $11,650,915 to establish a 
Louisiana Petroleum Information Center (PIC). The PIC will be a central 
archive for Louisiana geological data, including stratigraphic data 
collected by the major oil companies and the oil and gas archives of 
the Louisiana Department of Natural Resources. The DOE found that the 
PIC would bring energy-related restitutionary benefits to the citizens 
of Louisiana and could be approved as an energy research program under 
the terms of the Stripper Well Settlement Agreement. Accordingly, 
Louisiana's Petition for Special Redress was approved.

Refund Applications

Gulf Oil Corp./FASCO, Inc., 6/22/95, T3RF300-8238

    The DOE issued a Decision and Order concerning a refund application 
filed by FASGO, Inc. in the Gulf Oil Corporation refund proceeding. 
FASGO calculated the volume of its refined product purchased by 
referring to its own company records. The DOE found that the records 
were reasonable, and used them to calculate a refund of $60,014, 
including interest, for the firm. The DOE further noted that FASGO, a 
bankrupt firm, was no longer in existence. The record in the case 
included an Order from the United States Bankruptcy Court for the 
Eastern District of Pennsylvania stipulating that upon payment of 
administrative expenses and of a certain claim by the Commonwealth of 
Pennsylvania, two former owners of FASGO would be entitled to all 
liquidated assets of the firm. These former owners submitted evidence 
showing that the payments had been made. Accordingly, the DOE directed 
that these two individuals should receive the FASGO refund.

Gulf Oil Corporation/the Circle K Corporation, Fairmont Foods, Inc., 6/
22/95, RF300-19969, RF300-19994

    The DOE issued a Decision and Order concerning Applications for 
Refund submitted in the Gulf Oil Corporation special refund proceeding 
by The Circle K Corporation and Fairmont Foods, Inc. The Circle K 
Corporation requested that the OHA grant it a refund based on separate 
presumptions of injury for each of three subsidiaries which purchased 
Gulf products. The OHA found that while the three subsidiaries were 
operated as separate entities during the 

[[Page 7253]]
refund period, they are no longer operationally distinct. Accordingly, 
the OHA determined that they do not qualify for consideration under 
separate presumptions of injury. The OHA also found that The Circle K 
Corporation could not receive a full volumetric refund for purchases 
made by a subsidiary for end-use, in addition to benefitting from the 
small claims presumption of injury for its two subsidiaries that were 
retailers of Gulf products. Instead, the OHA ordered that the applicant 
be granted a full volumetric refund for end-use purchases, and refunds 
under the mid-range presumption of injury for purchases made by its 
retailer subsidiaries. Accordingly, the Circle K Corporation was 
granted a total refund of $15,046. In addition, the OHA denied a 
competing Application for Refund filed by Fairmont Foods, Inc.

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.

Gulf Oil Corporation/Bracknell Oil Co., Inc...............  RF300-19716                                 06/22/95
Quality Gulf..............................................  RF300-19987                                         
Valley View Gulf..........................................  RF300-19991                                         
Gulf Oil Corporation/Denison Oil Co., Inc.................  RF300-20066                                 06/22/95
H.R. Higgins Excavating et al.............................  RF272-97036                                 06/23/95
Old Colony Transportation et al...........................  RF272-90436                                 06/23/95
Roane County et al........................................  RF272-97600                                 06/23/95
Sequim School District et al..............................  RF272-97701                                 06/23/95
Texaco Inc./Look Oil Co...................................  RF321-20305                                 06/23/95
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Acme Resin Corporation.......................  RF272-58053              
Brattlebono Memorial Hospital................  RF272-99147              
Butler Landmark Inc..........................  RG272-194                
Dallas County Schools........................  RF272-55467              
Digital Equipment Corporation................  RF272-53469              
DSM Copolymer................................  RF272-58418              
Farmers Elevator & Cooperative Association...  RG272-279                
International Flavors & Fragrance............  RF272-14036              
Jamaica Bay Oil Co...........................  RF321-20562              
MacArthur Petroleum & Solvent Co.............  RF321-20576              
McLaurin's Texaco............................  RF321-19757              
Nash Equity Exchange.........................  RG272-25                 
National Standard Company....................  RF272-17314              
Pollard Delivery Service.....................  RF272-89521              
Windsor Village Texaco.......................  RF321-20166              
Wyatt's Service..............................  RF315-10163              
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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, 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: February 14, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 96-4403 Filed 2-26-96; 8:45 am]
BILLING CODE 6450-01-P