[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Pages 48488-48489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23490]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders During the Week of 
July 3 Through July 7, 1995

    During the week of July 3 through July 7, 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, DC 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 30, 1996.
Richard W. Dugan,
Acting Director, Office of Hearings and Appeals.

Personnel Security Hearing

Rocky Flats Field Office, 7/5/95, VSA-0008

    The Director of the Office of Hearings and Appeals (OHA) issued an 
opinion under 10 CFR Part 710 concerning the continued eligibility of 
an individual for access authorization. An OHA Hearing Officer had 
previously found that the respondent was no longer an alcohol abuser, 
and therefore had recommended that the respondent's access 
authorization, which had been suspended, should be reinstated. In 
response to the DOE Office of Safeguards and Security's Request for 
Review of the Hearing Officer's Opinion, the OHA Director concluded 
that there was sufficient evidence in the record to find that the 
respondent had been a user of alcohol habitually to excess and also had 
been correctly diagnosed by a board-certified psychiatrist as suffering 
from alcohol abuse. The Director found, however, that the respondent 
had presented sufficient evidence of reformation and other factors to 
mitigate the derogatory information under 10 CFR Sec. 710.8(j). 
Accordingly, the Director agreed with the Hearing Officer that 
restoring the respondent's access authorization would not endanger the 
national security and would be clearly consistent with the national 
security.

Refund Applications

John Morrell & Co., 7/5/95, RR272-203

    The DOE issued a Decision and Order granting a Motion for 
Reconsideration filed by John Morrell & Co. (Morrell) in the Subpart V 
crude oil refund proceeding. The DOE had dismissed an Application for 
Refund filed by Morrell in this proceeding as a duplicate of an earlier 
refund application granted in 1987. In its Motion for Reconsideration, 
Morrell explained that although both applications were filed from 
Morrell's Sioux Falls, South Dakota headquarters, the first was based 
only on fuel consumed at the company's Sioux Falls plant, whereas the 
later application included fuel purchases made at 20 other locations. 
Accordingly, Morrell's Motion for Reconsideration was granted.

State Escrow Distribution, 7/5/95, RF302-16

    The Office of Hearings and Appeals ordered the DOE's Office of the 
Controller to distribute $18,800,000 to the State Governments. The use 
of the funds by the States is governed by the Stripper Well Settlement 
Agreement.

Texaco Inc./Cowart Oil Co., 7/7/95, RF321-7468

    The DOE issued a Decision and Order concerning an Application for 
Refund filed in the Texaco Inc. Special refund proceeding. Tri-Co Oil 
Co., (Tri-Co) applied for a refund based upon direct Texaco purchases 
made by virtue of the fact that it purchased all of the assets of 
Cowart. Tri-Co also submitted a copy of the asset purchase agreement it 
made with Cowart. The DOE held that a mere transfer of assets is not 
sufficient for it to infer that the parties of an agreement intended to 
transfer a right of refund. Further, after examining the provisions of 
the asset purchase agreement, the DOE determined that the agreement did 
not transfer to Tri-Co whatever right to a refund that Cowart may have 
had. Consequently, Tri-Co's Application was denied.

Requests for Exception

Central American Petroleum Co., 7/5/95, VEE-0001

    Central American Petroleum Co. (Central) filed an Application for 
Exception from the provisions of the Energy Information Administration 
(EIA) reporting requirements in which the firm sought relief from 
filing Form EIA-782B, entitled ``Resellers'/Retailers' Monthly 
Petroleum Product Sales Report.'' Although Central has not yet 
participated in the filing of the Form, it argued that the reporting 
requirement will be too time consuming and onerous. However, the firm 
failed to demonstrate that it is suffering a financial hardship, 
medical problems of employees, or any other serious impediment to its 
operations.

[[Page 48489]]

Accordingly, the DOE determined that Central should be denied exception 
relief.

Sound Oil Company, 7/5/95, LEE-0152

    Sound Oil Company (Sound) filed an Application for Exception from 
the provisions of the Energy Information Administration (EIA) reporting 
requirements in which the firm sought relief from filing Form EIA-782B, 
entitled ``Resellers'/Retailers' Monthly Petroleum Product Sales 
Report.'' Sound asked to be excused from the reporting requirement on 
the grounds that it has been filing the Form for an unusually long 
period of time. However, the length of time the firm has been required 
to file an EIA form does not alone constitute a gross inequity which 
would warrant exception relief. Accordingly, the DOE determined that 
Sound should be denied exception relief.

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.

Albuquerque Moving & Storage,    RF272-97300                    07/05/95
 Inc. et al.                                                            
Bunge Corporation, IN..........  RC272-304                      07/07/95
Bunge Corporation, IL..........  RC272-305                              
Bunge Corporation, LA..........  RC272-306                              
Bunge Corporation, KS..........  RC272-307                              
Conagra Consumer Frozen Food     RC272-302                      07/05/95
 Co..                                                                   
Consumer Poultry Company.......  RC272-303                              
Crude Oil Supplemental Refund    RB272-10                       07/07/95
 Distribution.                                                          
Crude Oil Supplemental Refund    RB272-9                        07/07/95
 Distribution.                                                          
Foreman Industries, Inc. D.I.P.  RF272-92037                    07/05/95
SPS Technologies, Inc..........  RF272-92132                            
Border Road Construction Co....  RF272-92290                            
Gulf Oil Corporation/Johnston    RF300-21441                    07/07/95
 Coca-Cola Bottling Group, Inc.                                         
 et al.                                                                 
Intercontinental Branded Appeal  RF272-94032                    07/05/95
 et al.                                                                 
Krum Independent School Dist.    RF272-96050                    07/05/95
 et al.                                                                 
Switzerland County Highway       RC272-311                      07/07/95
 Department.                                                            
Texaco Inc./Church Street        RF321-19377                    07/05/95
 Texaco et al.                                                          
Texaco Inc./Cook's Service.....  RF321-8463                     07/05/95
Texaco Inc./Daniels Oil Co.,     RF321-8326                     07/07/95
 Inc. et al.                                                            
Texaco Inc./Marr Texaco et al..  RF321-5962                     07/05/95
Texaco Inc./McDonald's Texaco..  RF321-17110                    07/05/95
Texaco Inc./R & R Texaco et al.  RF321-7453                     07/05/95
Texaco Inc./Robert E. Boyer....  RF321-21071                    07/05/95
Texaco Inc./Wiser Oil Co. et al  RF321-6540                     07/07/95
Wayland School District et al..  RF272-80771                    07/07/95
Weleetka School District et al.  RF272-96026                    07/07/95
                                                                        

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Corsica Cooperative Association..............  RG272-353                
Eastern Aviation Fuels, Inc..................  RR272-13                 
Johnson Oil Co...............................  RF321-19881              
New York University..........................  RF272-92400              
Pollard Delivery Service.....................  RF272-89521              
State of Vermont--Department of State          RF272-96554              
 Buildings.                                                             
Top Value Texaco.............................  RF321-16793              
United Oil Co................................  RF321-19966              
White Heavy Haulers, Inc.....................  RF272-97953              
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[FR Doc. 96-23490 Filed 9-12-96; 8:45 am]
BILLING CODE 6450-01-P