[Federal Register Volume 61, Number 172 (Wednesday, September 4, 1996)]
[Notices]
[Pages 46640-46641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22491]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders by the Office of 
Hearings and Appeals; Week of July 17 through July 21, 1995

    During the week of July 17 through July 21, 1995, the decisions and 
orders summarized below were issued with respect to appeals and 
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.
    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: August 19, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Request for Exception

Big Little Stores, Inc., 7/19/95, VEF-0005

    Big Little Stores, Inc., filed an Application for Exception from 
the Energy Information Administration requirement that it file Form 
EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum Product Sales 
Report.'' In considering this request, the DOE found that the firm was 
not suffering gross inequity or serious hardship. Therefore, the DOE 
denied the Big Little Stores' Application for Exception.

Implementation for Special Refund Procedures

Western Asphalt Service, Inc., et al., 7/17/95 LEF-0047 et al.
    The DOE issued a Decision and Order implementing procedures for the 
distribution of $29,376,255.50 (plus accrued interest) obtained from 
Western Asphalt Service, Inc., Gray Trucking Company, William Valentine 
& Sons, Inc., Dorchester Master Limited Partnership, Howell 
Corporation, Placid Oil Company, Eton Trading Corporation. These funds 
were remitted by each firm to the DOE to settle possible pricing 
violations with respect to sales of crude oil. The DOE determined that 
these monies will be distributed in accordance with the DOE's Modified 
Statement of Restitutionary Policy Concerning Crude Oil Overcharges. 
Under that policy, 20% will be reserved for injured purchasers of 
refined products, 40% will be distributed to the federal government, 
and 40% to the states.

Personnel Security Hearing

Albuquerque Operations Office, 7/21/95, VSO-0023, VSZ-0003, VSZ-0004
    A Hearing Officer from the Office of Hearings and Appeals issued an 
Opinion regarding the eligibility of an individual for access 
authorization under the provisions of 10 C.F.R. Part 710. As 
preliminary matters, a motion to dismiss the proceeding for lack of 
authority and a motion to strike certain documentary evidence were 
denied. The Hearing found that although the individual has used 
marijuana a limited number of times over a 20-year period, his 
subsequent rehabilitation from that behavior mitigated the DOE's 
security concerns. The Hearing Officer also found, however, that the 
individual had misrepresented his marijuana use to the DOE by omitting 
significant information from forms and at interviews, and that the 
DOE's security concerns regarding this behavior were not overcome by 
any mitigating factors. Accordingly, the Hearing Officer found that the 
individual's access authorization should not be restored.

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.

CITY OF CANTON...........................................  RF272-97125                                  07/17/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION...............  RB272-12                                     07/17/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION...............  RB272-21                                     07/17/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION...............  RB272-19                                     07/17/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION...............  RB272-23                                     07/19/95
CRUDE OIL SUPPLEMENTAL REFUND............................  RB272-28                                     07/19/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION...............  RB272-26                                     07/19/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION...............  RB272-16                                     07/20/95
DALCO PETROLEUM, INC./GREAT PLAINS GAS...................  RF248-13                                     07/17/95
DALE TRACY ET AL.........................................  RK272-81                                     07/19/95
M.S.A.D. #29 ET AL.......................................  RF272-86541                                  07/19/95
MARION COUNTY, KY ET AL..................................  RF272-95475                                  07/19/95
McLOUD SCHOOL DISTRICT, OKLAHOMA ET AL...................  RF272-95451                                  07/19/95
METROPOLITAN PETROLEUM & FUEL/ZINN COMPANIES, INC........  RF349-21                                     07/19/95
MOHASCO CARPET CORPORATION...............................  RC272-308                                    07/17/95
MOHAWK COMMERCIAL CARPET.................................  RC272-309                                            
MOHASCO CARPET CORPORATION...............................  RC272-310                                            
SUPERIOR KNITS ET AL.....................................  RF272-77524                                  07/20/95
TEXACO INC./ROOSEVELT TEXACO ET AL.......................  RF321-12899                                  07/19/95
TOMS RIVER SCHOOLS ET AL.................................  RF272-86349                                  07/19/95
                                                                                                                

Dismissals

    The following submissions were dismissed:

[[Page 46641]]



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                     Name                               Case No.        
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BUCK'S TRUCK STOP, INC.......................  RF315-10189              
CITY OF SANGER...............................  RF272-96104              
KALAMA CHEMICAL, INC.........................  RF272-90203              
McREE TEXACO & DRIVE IN GROCERY..............  RF321-14130              
OLD TOWN PLAZA SERVICE STATION...............  RF304-14463              
RICHMOND, FREDERICKSBURG, AND POTOMAC          RF321-14111              
 RAILROAD CO..                                                          
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[FR Doc. 96-22491 Filed 9-3-96; 8:45 am]
BILLING CODE 6450-01-P