[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Notices]
[Pages 7249-7250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4405]



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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of May 
8 Through May 12, 1995

    During the week of May 8 through May 12, 1995, the decisions and 
orders summarized below were issued with respect to applications for 
exception or 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.

Requests for Exception

Lovelace Gas Service, Inc., 5/11/95 LEE-0131

    Lovelace Gas Service, Inc. (Lovelace) filed an Application for 
Exception from the Energy Information Administration (EIA) requirement 
that it file Form EIA-782B, the ``Resellers'/Retailers' Monthly 
Petroleum Product Sales Report.'' In considering Lovelace's request, 
the DOE found that the firm was not suffering a gross inequity or 
serious hardship. On October 4, 1994, the DOE issued a Proposed 
Decision and Order determining that the exception request should be 
denied. A Statement of Objections to the Proposed Decision and Order 
was filed by William Lovelace, President of the company. After 
analyzing the arguments in the Statement of Objections, the DOE 
determined that Mr. Lovelace had not offered any additional evidence 
that the firm was experiencing a serious hardship or gross inequity. 
Therefore, the DOE issued a final Decision and Order denying Lovelace's 
Application for Exception.

Personal Security Hearing

Albuquerque Operations Office, 5/12/95 VSO-0020

    An OHA Hearing Officer issued an opinion concerning the access 
authorization of an individual whose security clearance was suspended 
because he used illegal drugs. The individual, who represented himself, 
indicated at the hearing that he had been advised not to say anything 
at the hearing, and therefore did not present any witnesses, cross-
examine the DOE's witnesses or offer any evidence on his own behalf. 
The Hearing Officer found that under the applicable regulations the 
purpose of a hearing is to allow the individual to provide support for 
his access eligibility. If he does not wish to offer such support, the 
regulations indicate that the Manager of the relevant Operations Office 
is to make a determination as to the access authorization issue. 
Accordingly, the Hearing Officer determined that the case file should 
be closed and the matter resolved by the Manager on the basis of the 
existing record.

Oak Ridge Operations Office, 5/8/95, VSO-0014

    An Office of Hearings and Appeals Officer issued an opinion 
concerning the continued eligibility of an individual for access 
authorization under 10 CFR Part 710, entitled, ``Criteria and 
Procedures for Determining Eligibility for Access Authorization to 
Classified Matter or Special Nuclear Material.'' After considering the 
record in view of the standards set forth in Part 710, the Hearing 
Officer found that the individual: (i) Had been diagnosed by a board-
certified psychiatrist as having a mental disorder which could cause a 
significant defect in the individual's judgment or reliability; (ii) 
was a user of alcohol habitually to excess and had been diagnosed by a 
board-certified psychiatrist as ``alcohol dependent''; and (iii) had 
engaged in criminal behavior which cast aspersion on the individual's 
reliability. In rejecting the individual's claim that he had been 
rehabilitated from his alcohol problem, the Hearing Officer found that 
the individual had not abstained from using alcohol for a sufficient 
period of time. With respect to the individual's mental disorder, the 
Hearings Officer found that there was no evidence in the record that 
the individual's condition was in remission or controlled by medication 
to the extent that recurrence of the condition was small. As for the 
individual's criminal conduct, the Hearing Officer found that the 
individual's alcohol problem and mental disorder were inextricably 
interwined with the incident which resulted in criminal charges being 
brought against the individual. Next, the Hearing Officer found that 
the circumstances surrounding the individual's criminal behavior raised 
questions about his reliability in a security context. Finally, the 
Hearing Officer concluded that there were no mitigating factors present 
in the case which could overcome the security concerns raised by the 
Department of Energy's Oak Ridge Operations Office. Accordingly, the 
Hearing Officer found that the individual's access authorization should 
not be restored.

Refund Applications

Morgan Products, Inc., 5/10/95, RF272-92251

    The DOE issued a Decision and Order concerning the Application for 
Refund of a claimant in the Subpart V crude oil overcharge refund 
proceeding. The DOE determined that the applicant resold the refined 
petroleum products that formed the basis of its application and thus 
passed on the costs of any crude oil overcharges to its customers. 
Therefore, the DOE concluded that the claimant was not injured by any 
of the overcharges associated with the gallons that it purchased. 
Accordingly, the DOE denied the Application for Refund.

Refund Applications

    The Office of Hearings and Appeals issued the following Decisions 
and Orders concerning refund applications, 

[[Page 7250]]
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.

Canadian Pacific Limited..................................  RF272-90435                                 05/12/95
Southeastern Trailways, Inc...............................  RF272-92940                           ..............
Corey Brothers, Inc.......................................  RC272-288                                   05/11/95
Dunham's Bay Boat Company.................................  RF272-97318                                 05/11/95
Gulf Oil Corporation/Smith-Cale Co., Inc..................  RF300-16050                                 05/11/95
Morning Treat Coffee Company..............................  RC272-289                                   05/11/95
Richard Vardeman, Inc.....................................  RC272-287                                   05/11/95
Ring Around Products, Inc.................................  RF272-94081                                 05/10/95
Texaco Inc./Indresco, Inc.................................  RF321-20560                                 05/11/95
The Bovaird Supply Co.....................................  RF272-92824                                 05/10/95
Stebbins-Anderson Co., Inc................................  RF272-98116                           ..............
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Anderson's Texaco Service....................  RF321-20680              
Austin Texaco #2.............................  RF321-12048              
B&J Service..................................  RF321-17755              
Big Pine Trucking Co., Inc...................  RF272-97341              
Greg T. Causey...............................  RF321-15055              
Idaho Operations.............................  VSO-0026                 
Ken's Arco...................................  RF304-15382              
Mr. Mac's Texaco.............................  RF321-11079              
Oak Ridge Operations.........................  VSO-0024                 
Tex Mart Texaco..............................  RF321-19685              
Thomas R. Caldwell...........................  RF321-12952              
Tony's Texaco................................  RF321-20656              
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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: February 14, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.
[FR Doc. 96-4405 Filed 2-26-96; 8:45 am]
BILLING CODE 6450-01-P