[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Pages 48487-48488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23489]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders During the Week of 
August 28 Through September 1, 1995

    During the week of August 28 through September 1, 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 28, 1996.
Thomas O. Mann,
Acting Director, Office of Hearings and Appeals

Personnel Security Hearings

Albuquerque Operations Office, 8/30/95, VSA-0018

    The Director of the Office of Hearings and Appeals issued an 
Opinion regarding the request for review by an individual of a Hearing 
Officer's adverse opinion 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 individual's request to be considered for a lower 
level security clearance and different job were irrelevant to the 
security clearance review analysis, (ii) the DOE psychiatrist possessed 
a sufficient basis upon which to evaluate the individual, (iii) the 
Hearing Officer was correct to consider each of the individual's 
alcohol-related incidents as significant derogatory information, (iv) 
the individual was not yet reformed or rehabilitated from his condition 
of alcohol abuse and (v) interim relief should not be granted. 
Accordingly, the Director recommended that the individual's access 
authorization should not be restored.

Rocky Flats Field Office, 9/1/95 VSO-0032

    An Office of Hearings and Appeals Hearing Officer issued an opinion 
concerning the eligibility for access authorization of an individual 
who was alleged to have a mental condition of a nature that in the 
opinion of a board-certified psychiatrist causes a significant defect 
in her judgment and reliability. The Hearing Officer found that the 
individual had a personality disorder that did result in a defect in 
her judgment and gave rise to security concerns. Accordingly, the 
Hearing Officer found that the individual's request for access 
authorization should be denied.

Refund Application

Texaco Inc./Ortiz Texaco, 8/28/95 RR321-180

    The DOE issued a Decision and Order concerning a Motion for 
Reconsideration submitted by Wilson, Keller & Associates, Inc. (WKA) 
regarding an Application for Refund it submitted on behalf of Ortiz 
Texaco (OT) in the Texaco Inc., special refund proceeding. In a prior 
Supplemental Order, the DOE rescinded a portion of the refund granted 
to Mr. Roberto Torrez Ortiz, owner of OT, because Mr. Ortiz, after 
receiving a refund for OT's purchases, submitted another application 
for OT on behalf of a Mr. Colon. The DOE thus concluded that Mr. Ortiz 
only operated OT during a portion of the time for which he was granted 
a refund. Pursuant to the Supplemental Order, Mr. Ortiz and his 
representative, WKA, were made jointly and severally liable for 
repayment of the overpayment to Mr. Ortiz. In its Motion, WKA states 
that it paid the entire amount of the overpayment and did not receive 
any payment from Mr. Ortiz. WKA further argued that the DOE was 
incorrect in its conclusion that Mr. Ortiz was only eligible for a 
portion of the refund originally granted him. The DOE held that WKA 
failed to present any tangible evidence to support its claim that Mr. 
Ortiz was eligible for the entire refund. Consequently, the DOE denied 
WKA's Motion for Reconsideration.

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.

C.E. Zumstein Company, et al.............................  RF272-97945                                  08/28/95
City of West Chester, et al..............................  RF272-95929                                  08/31/95
Crude Oil Supplemental Refund Distribution...............  RB272-46                                     08/30/95
Crude Oil Supplemental Refund Distribution...............  RB272-44                                     08/30/95
Crude Oil Supplemental Refund Distribution...............  RB272-00047                                  08/31/95
D.A. Stuart Co., et al...................................  RF272-97902                                  08/31/95
Gulf Oil Corporation/Buford-Briarwood Gulf, et al........  RF300-20281                                  08/30/95
Milo School Admin. Dist., et al..........................  RF272-97745                                  08/30/95
Peru, Illinois, et al....................................  RF272-97505                                  08/30/95
Texaco Inc./City of Elgin, et al.........................  RF321-0103                                   08/31/95
Texaco Inc./Lonas Construction Co., Inc..................  RR321-102                                    08/31/95
Texaco Inc./P&C Texaco...................................  RF321-8850                                   08/31/95
Templeton Texaco.........................................  RF321-14152                                          
                                                                                                                


[[Page 48488]]

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Anderson Pinetruck Pantry....................  RF300-21588              
Boyd Construction Co.........................  RF272-78159              
Boyd Paving Co...............................  RF272-78158              
Busch Industrial Products Corp...............  RF304-15162              
Corrine Texaco...............................  RF321-9040               
E. Saenz Service Station.....................  RF304-15156              
Grenada Concrete Products Co.................  RF272-78157              
Grenada Sand & Gravel........................  RF272-78156              
Mechanics Uniform Rental, Inc................  RF272-97337              
Otsego Public Schools........................  RF272-97944              
Oxy USA Inc..................................  LRO-0003                 
Resource Dynamics Corp.......................  VFA-0062                 
Talco Butane Gas Co..........................  RF304-15158              
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[FR Doc. 96-23489 Filed 9-12-96; 8:45 am]
BILLING CODE 6450-01-P