[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Pages 47924-47925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23183]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders During the Week of 
April 1 through April 5, 1996

    During the week of April 1 through April 5, 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. 966

Week of April 1 through April 5, 1996

Appeal

David K. Hackett, 4/3/96, VFA-0135

    The Department of Energy (DOE) issued a Decision and Order (D&O) 
denying a Freedom of Information Act (FOIA) Appeal that was filed by 
David K. Hackett. In the Decision, the DOE found that the Oak Ridge 
Operations Office properly applied Exemption 4 of the FOIA in 
withholding portions of one of the documents provided to Mr. Hackett. 
The DOE further found that the

[[Page 47925]]

search for responsive documents was adequate.

Personnel Security Hearing

Oak Ridge Operations Office, 4/5/96, VSA-0057

    The Director of the Office of Hearings and Appeals issued an 
Opinion regarding an individual's request for review of a Hearing 
Officer's adverse decision regarding his eligibility for access 
authorization under the provisions of 10 C.F.R. Part 710. After 
considering the individual's arguments and the record, the Director 
found that: (i) the Hearing Officer had not showed bias and/or 
prejudice, (ii) the Hearing Officer had made a comprehensive, common-
sense judgment, and (iii) the Hearing Officer did not incorrectly 
examine the case retrospectively to determine the possibility of 
coercion. Further, the Director upheld the Hearing Officer's refusal to 
give weight to letters submitted by the individual's former co-workers, 
under the circumstances presented in the case. Accordingly, the 
Director recommended that the individual's access authorization should 
not be reinstated.

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/White Brothers, Inc. et al..........  RF300-15269                                  04/04/96
Wisener Farms............................................  RJ272-0010                                   04/04/96
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Chey Anthony Temple..........................  VFA-0133                 
Howeard Sober, Inc...........................  RF272-77539              
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[FR Doc. 96-23183 Filed 9-10-96; 8:45 am]
BILLING CODE 6450-01-P