[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Pages 47920-47922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23180]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders During the Week of 
February 5 Through February 9, 1996

    During the week of February 5 through February 9, 1996, the 
decisions and orders summarized below were issued with respect to 
appeals, applications, petitions, or other requests 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. 20585-0107, 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. Some decisions and 
orders are available on the Office of Hearings and Appeals World Wide 
Web site at http://www.oha.doe.gov.

    Dated: August 28, 1996.
Thomas O. Mann,
Acting Director, Office of Hearings and Appeals.

Decision List No. 958

Personnel Security Hearings

Albuquerque Operations Office, 2/5/95, VSO-0063

    An Office of Hearings and Appeals Hearing Officer issued an opinion 
in a personnel security case involving a contractor employee at Los 
Alamos National Laboratory. Based upon the record, the opinion 
recommends against granting the employee an access authorization. In 
particular, the opinion concludes that neither the testimony of lay 
witnesses nor generally applicable published material is sufficient to 
rebut the informed, first-hand medical testimony of two board certified 
DOE-consultant psychiatrists, i.e., that the individual is a habitual 
user of alcohol to excess without adequate evidence of rehabilitation 
or reformation.

Oak Ridge Operations Office, 2/7/96, VSO-0059


[[Page 47921]]


    An Office of Hearings and Appeals Hearing Officer issued an opinion 
concerning an individual whose access authorization was suspended 
because he had abused family members and because he was diagnosed as 
alcohol dependent by a DOE consultant psychiatrist. The Hearing Officer 
found that incidents of child abuse by the individual demonstrated a 
lack of judgment and reliability. The Hearing Officer further found 
that in view of the fact that the individual continued to use 
significant amounts of alcohol in the face of family and health 
problems, he was alcohol dependent. Accordingly, the Hearing Officer 
found that the individual's access authorization should not be 
restored.

Appeal

A. Victorian, 2/7/96, LFA-0387

    A. Victorian (Victorian) filed an Appeal from a determination 
issued to him by the Deputy Assistant Secretary for Military 
Application and Stockpile Support of the Department of Energy (DOE/MA). 
In his Appeal, Victorian asserted that DOE/MA improperly withheld 
portions of a document identified as responsive to Victorian's Freedom 
of Information Act (FOIA) Request. In his Request, Victorian requested 
copies of all documents containing information pertaining to the DOE's 
FALCON program. In its determination letter, DOE/MA provided Victorian 
with one document in its entirety and a redacted copy of another 
document entitled ``DOE Reactor-Pumped Laser Research Program'' (Laser 
Document). DOE/MA stated in its determination letter that the withheld 
portions of the Laser Document contained classified information and 
were being withheld pursuant to Exemptions 1 and 3 of the FOIA. In his 
Appeal, Victorian asserted that the information withheld in the Laser 
Document had been inappropriately classified and should be provided to 
him. The DOE determined that almost all of the withheld information in 
the Laser Document had been properly withheld under Exemptions 1 and 3. 
However, the DOE also found that a small portion of the previously 
withheld material could now be declassified and released to Victorian. 
Consequently, the DOE granted, in part, Victorian's Appeal.

Requests for Exception

Martin Petroleum Corporation, 2/5/96, LEE-0153

    Martin Petroleum Corporation filed an Application for Exception 
from the provisions of the Energy Information Administration (EIA) 
reporting requirements in which the firm sought relief from filing Form 
EIA-782B, entitled ``Resellers'/Retailers' Monthly Petroleum Product 
Sales Report.'' Martin argued that the amount of time it took the firm 
to prepare the required forms constituted a burden. However, the DOE 
determined that Martin was not suffering a special hardship, inequity 
or unfair distribution of burdens. Accordingly, exception relief was 
denied.

Pitcher Sales, Inc., 2/5/96, VEE-0004

    Pitcher Sales, Inc., filed an Application for Exception from the 
provisions of the Energy Information Administration (EIA) reporting 
requirements in which the firm sought relief from filing Form EIA-782B 
and Form EIA-863, entitled ``Resellers'/Retailers' Monthly Petroleum 
Product Sales Report'' and ``Petroleum Product Sales Identification 
Survey,'' respectively. Pitcher argued that filing these surveys was 
time consuming and onerous. However, the DOE determined that Pitcher 
was not suffering a special hardship, inequity or unfair distribution 
of burdens. Accordingly, exception relief was denied.

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.

Arnold Heiden et al......................................  RK272-368                                    02/05/96
Charles W. Combs et al...................................  RK272-2671                                   02/05/96
County Line School District et al........................  RF272-95402                                  02/05/96
Crude Oil Supple. Refund Dist............................  RB272-66                                     02/05/96
Farmers Cooperative Assn. et al..........................  RK272-2475                                   02/05/96
Gulf Oil Corporation/Aranki Gulf #1 et al................  RF300-14990                                  02/05/96
Gulf Oil Corporation/Woods & Helton Gulf et al...........  RF300-18298                                  02/07/96
Gulf Oil Corporation/Zachary Gulf et al..................  RF300-13978                                  02/07/96
Harkins & Company et al..................................  RK272-3209                                   02/07/96
Heyman Truck, Inc. et al.................................  RF272-77606                                  02/05/96
Rogers Transportation Co., Inc...........................  RK272-71                                     02/07/96
Floyd Mining Co., Inc....................................  RK272-72                               ..............
American Jet Aviation....................................  RK272-73                               ..............
W.V. Wall Legging et al..................................  RK272-1141                                   02/07/96
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Allied Towing Corp...........................  RF300-19784              
Anchor Pointe Boat...........................  RF300-18070              
Balcones Gulf................................  RF300-20992              
Bubb's Gulf..................................  RF300-19967              
C.M. Bullock Gulf............................  RF300-18186              
Camargo Gulf.................................  RF300-19741              
Carolina Moving & Storage, Inc...............  RF300-18535              
Chris A. Schaefer............................  VFA-0114                 
Dee's Fuel Service...........................  RF304-15002              
Florida East Coast Highway Dispatch..........  RF272-78177              
Florida East Coast Railway Company...........  RF272-78175              
J. Preston Moore.............................  RF300-19923              
Mac's ARCO...................................  RF304-15040              
Orsid Realty.................................  RF272-78572              

[[Page 47922]]

                                                                        
Piper Aircraft Corp..........................  RF300-19993              
Radiant Oil Company..........................  RF300-19988              
Repetz Brothers ARCO.........................  RF304-13134              
Repetz Brothers ARCO.........................  RF304-12910              
Richard's Gulf Service.......................  RF300-18709              
Shahum Service Station.......................  RF304-15060              
Stratford ARCO...............................  RF304-15050              
Thor Lieungh.................................  RF304-13536              
Thrifty Oil Company..........................  RF300-19922              
Walt's ARCO..................................  RF304-14667              
Woodautomatic Gas Co.........................  RF304-14996              
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[FR Doc. 96-23180 Filed 9-10-96; 8:45 am]
BILLING CODE 6450-01-P