[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)] [Notices] [Pages 48150-48151] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-23358] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Notice of Issuance of Decisions and Orders During the Week of January 22 Through January 26, 1996 During the week of January 22 through January 26, 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, SW, 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. Appeals David R. McMurdo, 1/25/96, VFA-0109 David R. McMurdo (Appellant) filed an Appeal under the Privacy Act of a December 7, 1995 determination issued to him by the DOE's Richland Operations Office (Richland). The Appellant, who had been employed by a sub-contractor on the Hanford Reservation, had requested all medical and personnel records held by Richland concerning him. On Appeal, the Appellant contended that the DOE's search for responsive documents was inadequate. After considering his Appeal, the DOE found that Richland's search for responsive documents was adequate. Accordingly, the Appeal was denied. Nathaniel Hendricks, 1/26/96, VFA-0106 Nathaniel Hendricks (Appellant) filed an Appeal from a determination issued by the DOE's Office of Human Radiation Experiments (OHRE) in response to a request under the Freedom of Information Act (FOIA). The request related to the alleged release of radiation in the Chicago area in the early 1940s. The Chicago Operations Office (COO) and the OHRE conducted searches for responsive documents. The Appellant did not appeal the COO's determination, but appealed the OHRE determination, claiming that the OHRE had not performed an adequate search for responsive documents. In the interests of a factually complete determination, the DOE investigated the searches of the COO and the OHRE. With respect to the COO search, conducted by its contractor, Argonne National Laboratory (Argonne), the DOE discovered that Argonne possessed 5,000 notebooks of possibly responsive material, which had been determined likely to be radioactive. According to Argonne, the notebooks had never been examined due to the high costs of conducting the [[Page 48151]] necessary radioactivity study and examination of such a large quantity of material. In its Decision, the DOE determined that it was unreasonable to require the COO to review the notebooks and concluded that the COO's search was adequate. However, the DOE concluded that the OHRE's search of the two databases available to it was inadequate because of the failure to search for certain prominent terms used in the Appellant's request. Accordingly, the DOE granted the Appeal and remanded the matter to the OHRE for further action. Terrence Willingham, 1/22/96, VFA-0100 Terrence Willingham (Appellant) filed an Appeal from a determination issued to him by the DOE's Office of the Executive Secretariat (ES). The Appellant asserted that the ES failed to conduct an adequate search for documents responsive to two Freedom of Information Act (FOIA) requests. The Appellant requested copies of all documents containing information pertaining to various job announcements concerning the Director and Deputy Director of the DOE's Office of Civil Rights. In its determination letter, the ES produced 42 documents. The Appellant asserted that the ES conducted an inadequate search. The DOE found that the ES conducted an adequate search with regard to almost all of categories of information. The DOE further found, however, that the search concerning several of the requested categories of information was inadequate. Finally, the DOE found that a portion of one of the documents provided to the Appellant, minutes of a meeting (Minutes Document), had been deleted without providing the Appellant a statement of the reasons for the withholding. Consequently, the DOE remanded the matter for a (i) further search for responsive documents and (ii) a determination concerning whether the withheld portion of the Minutes Document was releasable. Williams & Trine, P.C., 1/25/96, VFA-0108 William & Trine, P.C. (Appellant) filed an Appeal from denials issued by the Ohio Field Office (DOE/OH) and the FOIA/Privacy Act Division (DOE/HQ) of a Request of Information which the firm had submitted under the Freedom of Information Act (the FOIA). In considering the Appeal, the DOE found that the requested information, documentation of the shipment of hazardous or radioactive material from any DOE facility to a facility of the Appellant's client, Cotter Corporation in Colorado, did not exist because no shipments of such material were ever made. Accordingly, the Appeal was denied. Personnel Security Hearing Oak Ridge Operations Office, 1/25/96, VSO-0057 An OHA Hearing Officer issued an opinion concerning the eligibility for restoration of access authorization of an individual who untruthfully stated on a Questionnaire for Sensitive Positions and in two Personnel Security Interviews that he had a college degree. The Hearing Officer found that due to this falsification the individual was untrustworthy. 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. Atlantic Richfield Company/Easy Times ARCO............... RF304-13145 01/22/96 ARCO Mini Market......................................... RF304-15479 .............. Crude Oil Supple. Refund Dist............................ RB272-62 01/22/96 Crude Oil Supple. Refund Dist............................ RB272-64 01/22/96 Crude Oil Supple. Refund Dist............................ RB272-63 01/22/96 Crude Oil Supple. Refund Dist............................ RB272-42 01/22/96 Crude Oil Supplemental Refund Dist....................... RB272-00033 01/24/96 Elmer Hendrix, Jr., et al................................ RK272-00110 01/24/96 Libby Rink, et al........................................ RK272-01616 01/22/96 Northern Ohio Trucking, et al............................ RF272-85025 01/22/96 St. Patrick's Church, et al.............................. RF272-99107 01/22/96 Dismissals The following submissions were dismissed: ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ Americair, Inc............................... RF272-97954 Amerijet International....................... RF272-97948 Aviation Associates, Inc..................... RF272-98721 Boston and Maine Corporation................. RF272-97248 Executive Airlines........................... RF272-97988 Flight International, Inc.................... RF272-97992 I.E. Miller & Company........................ RF272-98429 Long Island Airlines......................... RF272-97989 Maine Central Railroad....................... RF272-97251 Maxair, Inc.................................. RF272-97990 Portland Terminal Company.................... RF272-97249 Springfield Terminal Railway................. RF272-97250 Tanana Air Service........................... RF272-97994 Taylor's ARCO................................ RF304-14251 Wellen Oil and Chemical...................... RF300-18517 ------------------------------------------------------------------------ [FR Doc. 96-23358 Filed 9-11-96; 8:45 am] BILLING CODE 6450-01-P