[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Page 48485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23487]


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DEPARTMENT OF ENERGY

Issuance of Decisions and Orders During the Week of September 25 
Through September 29, 1995

    During the week of September 25 through September 29, 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, 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.

Personnel Security Hearing

Oak Ridge Operations Office, 9/26/95, VSO-0034

    Under the provisions set forth in 10 C.F.R. Part 710, the 
Department of Energy, Oak Ridge Operations Office (DOE/OR) suspended 
the access authorization (``L'' level security clearance) of an 
individual based upon derogatory information received by the DOE/OR 
incident to the individual's arrest on a charge of indecent exposure. 
Following a personnel security interview and evaluation by a DOE 
consultant psychiatrist, DOE/OR suspended the individual's access 
authorization under disqualifying criteria set forth in: (1) 10 C.F.R. 
Sec. 710.8(h), that the individual has ``[a]n illness or mental 
condition of a nature which, in the opinion of a board-certified 
psychiatrist * * * causes, or may cause, a significant defect in 
judgment or reliability,'' and (2) 10 C.F.R. Sec. 710.8(1), that the 
individual has ``[e]ngaged in [] unusual conduct or is subject to 
circumstances which tend to show that the individual is not honest, 
reliable, or trustworthly; or which furnishes reason to believe that 
the individual may be subject to pressure, coercion, exploitation, or 
duress which may cause the individual to act contrary to the best 
interests of the national security.'' Following a hearing convened at 
the request of the individual, the Office of Hearings and Appeals 
Hearing Officer found in the Opinion that (i) despite conflicts in the 
psychiatric testimony, it was clear that the individual suffered from a 
mental condition which caused a significant defect on his judgment and 
reliability, (ii) the individual was not rehabilitated but needed to 
continue medication and psychotherapy indefinitely, and (iii) there was 
a distinct possibility that the individual continues to conceal the 
nature of his condition and therefore would be subject to blackmail or 
coercion in the event of future incidents. Accordingly, the Hearing 
Officer concluded in the Opinion 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.

Crude Oil Supplemental Refund Distribution...............  RB272-49                                     09/25/95
Grant Joint Union High School et al......................  RF272-97528                                  09/28/95
Gulf Oil Corporation/Hydro Conduit Corp. et al...........  RF300-21349                                  09/27/95
Gulf Oil Corporation/Medfield Gulf.......................  RF300-21408                                  09/28/95
Magna Corp. (BPCI).......................................  RF300-21413                                          
Town of West Warwick.....................................  RF300-21414                                          
Texico Inc./4-Way Service et al..........................  RF321-16408                                  09/27/95
Texaco Inc./Bill Lee Ivans...............................  RF321-12207                                  09/28/95
Hunts Point Fuel Corp....................................  RF321-17353                                          
Walcoal, Inc. et al......................................  RK272-77                                     09/28/95
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Government Accountablity Project.............  VFA-0085                 
Government Accountability Project............  VFA-0086                 
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[FR Doc. 96-23487 Filed 9-12-96; 8:45 am]
BILLING CODE 6450-01-P