[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Pages 48483-48485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23486]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Issuance of Decisions and Orders During the Week of October 2 
Through October 6, 1995

    During the week of October 2 through October 6, 1995, 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

[[Page 48484]]

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

Cohen & Cotton, 10/2/95, VFA-0073

    Cohen & Cotton filed an Appeal from a partial denial by the Western 
Area Power Administration (WAPA) 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 material which WAPA withheld 
by claiming the protection of Exemption 5 was similar to information, 
contained in the same document, that had been released in response to 
the Request. Although the statements in a portion of the withheld 
information were inaccurate, inaccuracy cannot shield factual 
information from release.

Ikoi Kawata, 10/4/95 VFA-0063

    Ikoi Kawata filed an Appeal from a denial by the FOIA/Privacy Act 
Division of the Office of the Executive Secretariat of a Request for 
Information submitted under the Freedom of Information Act (the FOIA). 
In considering the Appeal, the DOE found that the request was unclear, 
and the resulting search produced no responsive documents. Accordingly, 
the Appeal was denied.

Quanterra Environmental Services, 10/2/95, VFA-0078

    Quanterra Environmental Services (Quanterra) filed an Appeal from a 
determination issued by the Richland Field Office (Richland) in 
response to a request for information Quanterra submitted under the 
Freedom of Information Act (FOIA). Quanterra asserted that the search 
was inadequate. The DOE determined that the search was adequate and 
that any information Richland may have was not in the form Quanterra 
requested or desired. Accordingly, the Appeal was denied.

Personnel Security Hearing

Albuquerque Operations, 10/2/95, VSO-0038

    An OHA Hearing Officer issued an Opinion regarding the eligibility 
of an individual to maintain an access authorization under the 
provisions of 10 CFR Part 710. The individual was alleged to be 
suffering from alcohol abuse. In addition, he was alleged to be 
unreliable because he violated a commitment to abstain from alcohol 
when he indicated in an interview that he would try to quit using 
alcohol. With respect to whether the respondent had violated an 
agreement to abstain from alcohol, the Hearing Officer found that the 
respondent's statement that he would attempt to stop using alcohol was 
not a binding agreement. The principal issue in the case was whether 
the respondent was rehabilitated, as he agreed that he was an 
alcoholic. The respondent ceased drinking in December 1994 and had not 
resumed the use of alcohol as of the August 22, 1995 hearing. The 
Hearing Officer determined that there was insufficient evidence of 
rehabilitation since both the DOE psychiatrist and the respondent's 
psychologist testified that to demonstrate rehabilitation, the 
respondent would have to abstain from alcohol use for one year and 
participate in a formal alcohol treatment program. Accordingly, the 
Hearing Officer found that the respondent's access authorization should 
not be reinstated. However, the Hearing Officer recommended that the 
respondent be considered for the Employee Assistance Program Referral 
Option.

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/Suburban Motor Freight, Inc.    RF304-12423                                  10/05/95
 et al.                                                                                                         
City of Raleigh et al....................................  RF272-86122                                  10/05/95
Crude Oil Supply Ref Dist................................  RB272-53                                     10/02/95
Crude Oil Supply Ref Dist................................  RB272-29                                     10/02/95
Crude Oil Supply Ref. Dist...............................  RB272-52                                     10/05/95
Farmers Union Oil Co. et al..............................  RK272-152                                    10/05/95
Gulf Oil Corporation/Kemmer & Bristow Grocery............  RF300-18375                                  10/06/95
McKelvey Trucking Company................................  RJ272-1                                      10/03/95
Tennessee Truck Lines....................................  RC272-296                                    10/02/95
Texaco Inc./Bill's Texaco et al..........................  RF321-10575                                  10/02/95
Texaco Inc./Pacific Service Stations Co..................  RF321-20674                                  10/05/95
Texaco Inc./Pecan Shoppe of Santa Rosa et al.............  RF321-13958                                  10/02/95
Texaco Inc./Stuckey's Store #228.........................  RF321-16333                                  10/02/95
Stuckey's Store #248.....................................  RF321-16334                                          
Stuckey's Store #244.....................................  RF321-16335                                          
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Albuquerque Operations Office................  VSO-0052                 
Ernest A. Lado...............................  VFA-0072                 
Glockner Oil Co..............................  RF321-20704              
Hawn Freeway Texaco..........................  RF321-20203              
Jay M. Baylon................................  VFA-0081                 
Northwest Inter-District Council.............  RF272-88268              
Stepan Chemical Company......................  RF321-20673              
U.S. Borax...................................  RF272-99132              
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[FR Doc. 96-23486 Filed 9-12-96; 8:45 am]
BILLING CODE 6450-01-P