[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Pages 47927-47928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23185]



[[Page 47927]]

-----------------------------------------------------------------------


DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders During the Week of 
February 12 through February 16, 1996

    During the week of February 12 through February 16, 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 29, 1996.
Richard W. Dugan,
Acting Director, Office of Hearings and Appeals.

Decision List No. 959

Appeals

ITECH, Inc., 2/13/96, VFA-0113

    ITech, Inc. filed an Appeal from a determination by the Western 
Area Power Administration (WAPA) under the Freedom of Information Act 
(FOIA). Itech sought a copy of a technical proposal that had been 
submitted to WAPA. WAPA released to ITech responsive documents, but 
withheld portions of the material requested pursuant to FOIA Exemption 
4. In its Appeal, Itech objected to being charged $147.38 for WAPA's 
processing of the request. In considering the Appeal, the DOE found 
that the fees imposed were reasonable and necessary to recoup the cost 
of the processing the request. Accordingly, the Appeal was denied.

Knolls Action Project, 2/14/96, VFA-0112

    The Knolls Action Project (KAP) filed an Appeal from a 
determination issued to it by the Department of Energy's Office of 
Naval Reactors (NR) on November 29, 1995. In that determination, NR 
provided information to KAP under the terms of a fee waiver originally 
sought in a request for information filed by KAP under the Freedom of 
Information Act (FOIA). In its Appeal, KAP asserted that NR did not 
provide two categories of information which it argued are encompassed 
by the scope of the fee waiver granted by the Office of Hearings and 
Appeals in a previous decision. In considering the Appeal, the Office 
of Hearings and Appeals found that NR properly provided relevant 
information within the scope of the fee waiver granted to KAP. 
Therefore, the Department of Energy denied KAP's Appeal.

Stand of Amarillo, Inc., 2/12/96, VFA-0115

    On January 16, 1996, STAND of Amarillo, Inc. (STAND) filed an 
Appeal from a determination issued to it on December 5, 1995, by the 
FOIA Officer of the Department of Energy's Albuquerque Field Office. In 
that determination, the FOIA Officer stated that the legal files sought 
by STAND are ``records in the possession and control of Mason & Hanger, 
Silas Mason Co., Inc., and are therefore not `agency records' subject 
to the provisions of the FOIA.'' In considering the Appeal, the DOE 
discovered the possible existence of ``agency records'' responsive to 
the appellant's request and subject to the FOIA. Accordingly, the DOE 
remanded the case to the FOIA Officer for a new search for responsive 
documents.

Williams & Trine, P.C., 2/10/96, VFA-0110

    Williams & Trine, P.C. (Williams) filed an Appeal from a denial 
issued by the FOIA/Privacy Act Division (DOE/HQ) of a Request for 
Information which the firm had submitted under the Freedom of 
Information Act (the FOIA). In considering the Appeal, the DOE found 
that the information requested by Williams, documentation of the 
shipment of hazardous or radioactive material from any DOE facility to 
any facility of Williams' client, Cotter Corporation, did not exist 
because no shipments of such material were ever made. Therefore, the 
Appeal was denied.

Personnel Security Hearing

Albuquerque Operations Office, 2/13/96, VSO-0061

    A Hearing Officer from the Office of Hearings and Appeals issued an 
Opinion regarding the eligibility of an individual to maintain a level 
``Q'' access authorization under the provisions of 10 C.F.R. Part 710. 
The Hearing Officer found that the individual had consciously failed to 
submit federal income tax returns, thereby violating commonly 
understood federal tax requirements. The Hearing Officer further found 
that the individual had not chosen to resolve his disagreements with 
the Internal Revenue Service through the refund process, but instead 
had required the IRS to bring an enforcement action against him. The 
Hearing Officer also found that the individual's conduct in submitting 
a substitute form to his employer and thereby ending his withholding 
was also a violation of commonly understood tax requirements. Finally, 
the Hearing Officer found that the individual's recent contacts and 
correspondence with the IRS indicate that his actions and positions on 
tax matters have not been mitigated by any effort on his part to 
cooperate with the IRS and resolve his tax problems. The Hearing 
Officer concluded that the individual's conduct in these matters was 
not reliable or trustworthy for purposes of access authorization. 
Accordingly, the Hearing Officer recommended that the individual's 
access authorization, which had been suspended, should not be restored.

Refund Applications

Dayco Products, Inc., 2/15/96, RJ272-5; RC272-332

    The DOE issued a Decision and Order in the crude oil refund 
proceeding concerning Dayco Products, Inc. (Dayco). In the course of 
processing supplemental crude oil refunds, the DOE discovered that 
Dayco had submitted one application on behalf of its headquarters and 
another application for a subsidiary. It was further discovered that 
the subsidiary's volume claim was duplicative of its headquarters claim 
but that both had been granted. Therefore, the DOE notified Dayco and 
Dayco's representative for the headquarters application that in the 
supplemental proceeding, the subsidiary would not receive a 
supplemental refund, and Dayco headquarters' volume would be reduced by 
the amount of duplicative gallonage. However, through an oversight, 
Dayco headquarters received an unreduced refund. In order to correct 
the error, the OHA determined that both the representative and Dayco 
were jointly and severally responsible for repaying the DOE the amount 
of $2,308. Further, the Dayco subsidiary's original refund was 
rescinded.

[[Page 47928]]

Perry Gas Processors, Inc./State of Missouri--RQ183-598

Vickers Energy Corp./State of Missouri--RQ1-599

Coline Gasoline Corp./State of Missouri, 2/15/96, RQ2-600

    The DOE issued a Decision and Order granting a second-stage refund 
application filed by the State of Missouri. Missouri requested that all 
remaining funds allocated to it in the Perry Gas Processors, Vickers 
Energy, and Coline Gasoline special refund proceedings be used to fund 
the state's low-income home weatherization assistance program. As of 
January 31, 1996, the allocation totaled $264,409 ($92,564 in principal 
and $171,845 in interest), but the allocation will be slightly higher 
at the time of disbursement due to interest earned between January 31, 
1996 and the date of disbursement. The DOE found that Missouri's 
proposal would provide timely restitutionary benefits to injured 
consumers of refined petroleum products. Accordingly, Missouri's 
second-stage refund application was granted.

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.

American Hoist & Derrick Co..............................  RK272-01851                                  02/13/96
Crude Oil Supple. Ref. Dist..............................  RB272-00061                                  02/13/96
Crude Oil Supple. Ref. Dist..............................  RB272-00065                                  02/13/96
Frank Thompson Transport, Inc............................  RR272-230                                    02/15/96
Gulf Oil Corporation/Corey Bros. et al...................  RF300-18002                                  02/15/96
Gulf Oil Corporation/Goodhew Ambulance Co. et al.........  RF300-16556                                  02/15/96
Kraft Food Service et al.................................  RK272-01156                                  02/13/96
Lahoma-Imo Farmers Co-op et al...........................  RF272-99108                                  02/12/96
Moore's Inc..............................................  RF272-78065                                  02/12/96
Newport Hospital et al...................................  RF272-86523                                  02/12/96
The BOC Group, Inc.......................................  RF272-72861                                  02/15/96
Airco Industrial Gases...................................  RF272-75518                                          
Theisen Supply, Inc......................................  RF272-77994                                  02/12/96
Transportation & Material Handling Div. of Natl Steel....  RF272-78119                                  02/12/96
Vigoro Industries, Inc. et al............................  RK272-1627                                   02/15/96
                                                                                                                

Dismissals

    The following submissions were dismissed:

------------------------------------------------------------------------
                     Name                               Case No.        
------------------------------------------------------------------------
Adeline Blumhorst............................  RK272-2422               
Carmany's Gulf...............................  RF300-16655              
Crosstown Arco...............................  RF304-15178              
East Valley Arco.............................  RF304-15182              
Eaton Bulk Plant.............................  RF304-15183              
Franklin Park Gulf...........................  RF300-16777              
Gasp Realty Assoc............................  RR272-215                
Goval Realty Assoc...........................  RR272-216                
Jeffrey R. Leist.............................  VFA-0119                 
Joe Manchac Grocery and Service Station......  RF300-16806              
Kew Towers Co................................  RR272-217                
Ohio Barge Lines, Inc........................  RF272-91401              
Paul Yesik...................................  RF300-16766              
Point Bay fuel, Inc..........................  RF304-15041              
Rubel Fuel...................................  RF304-15064              
Shacklette Oil Co............................  RF304-15068              
Spag Realty Assoc............................  RR272-214                
Spicer Gas Co., Inc..........................  RF304-15067              
Transco, Inc.................................  RF272-98658              
Tri State Gas and Appliance Co., Inc.........  RF300-16600              
V.G. Mullins.................................  RF300-16968              
Ward Air Canada..............................  RF300-18145              
Warrior & Gulf Navigation Co.................  RF272-91402              
Zapata Coal..................................  RF300-16830              
------------------------------------------------------------------------

[FR Doc. 96-23185 Filed 9-10-96; 8:45 am]
BILLING CODE 6450-01-P