[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Pages 48674-48676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23627]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders; Week of June 26 
Through June 30, 1995

    During the week of June 26 through June 30, 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 30, 1996.
Richard W. Dugan,
Acting Director, Office of Hearings and Appeals.

Appeals

Richard W. Miller, 6/30/95, VFA-0046; VFA-0049

    Richard W. Miller filed an Appeal from three determinations issued 
by the Strategic Petroleum Reserve Project Management Office (SPRO) of 
the Department of Energy in response to a request from Mr. Miller under 
the Freedom of Information Act (FOIA). Mr. Miller sought documents 
related to three DOE contracts. In considering the Appeal, the Office 
of Hearings and Appeals found that SPRO had not adequately justified 
the withholding of the documents under FOIA Exemption

[[Page 48675]]

5. Accordingly, the Appeal was remanded to SPRO to either release the 
documents or issue a new Determination.

Sangre De Cristo Animal Protection, Inc., 6/30/95, VFA-0047

    SDCAP filed an Appeal from a denial by the Albuquerque Operations 
Office of a Request for Information which they had submitted under the 
Freedom of Information Act. In considering the appeal, the DOE found 
that DOE-owned contractor records, which were not in the possession of 
the DOE at the time of the request, were not subject to the FOIA under 
10 C.F.R. Sec. 1004.3(e) because the contractor claimed the ``critical 
self-evaluative privilege'' that was found by the DOE to be recognized 
under federal or state law. The DOE found that the names and faces of 
contractor employees were properly redacted from responsive records and 
photographs under Exemption 6. The DOE also found that Albuquerque's 
search for responsive documents was adequate.

Wilbert L. Townsend, 6/28/95, VFA-0044

    Wilbert L. Townsend filed an Appeal from a denial by the Nevada 
Operations Office of a request for information that he filed under the 
Freedom of Information Act (FOIA). In considering the information that 
was withheld, the DOE determined that all of previously withheld 
material, which concerned personal information submitted by the top 
three candidates for an industrial hygienist position, had been 
properly withheld pursuant to Exemption 6 of the FOIA. Accordingly, the 
Appeal was denied.

Personnel Security Hearing

Office of Security Affairs, 6/28/95, VSA-0011

    The DOE Office of Security of Affairs (OSA) filed a Request for 
Review, 10 C.F.R. Sec. 710.28(a), of an Opinion issued by a Hearing 
Officer on March 22, 1995, concerning the eligibility of an individual 
to hold a level ``Q'' access authorization under regulations set forth 
at 10 C.F.R. Part 710. In the Opinion, the Hearing Officer considered 
the determination of DOE Albuquerque Operations Office to suspend the 
individual's access authorization based upon criterion set forth in 10 
C.F.R. Sec. 710.8(h), i.e. that the individual has a mental condition 
of a nature that in the opinion of a board-certified psychiatrist 
causes, or may cause, a significant defect in her judgment or 
reliability. The Hearing Officer determined in the Opinion that based 
upon the weight of the psychiatric testimony and other evidence 
presented in the proceeding, the individual's access authorization 
should be restored. In considering OSA's Request for Review, the 
reviewing official appointed by the Director of the Office of Hearings 
and Appeals determined that two matters raised by OSA concerning the 
testimony of the individual's psychiatrist and supervisor were 
satisfactorily resolved by evidence presented in the record. The 
reviewing official further determined that restoring the individual's 
access authorization will not endanger the common defense and security 
and will be clearly consistent with the national defense. Accordingly, 
the reviewing official concurred in the Opinion of the Hearing Officer.

Request for Exception

Kyle's Friendly Service, 6/28/95, VEE-0003

    Kyle's Friendly Service filed an Application for Exception from the 
Energy Information Administration (EIA) requirement that it file Form 
EIA-782B, the ``Resellers/Retailers' Monthly Petroleum Product Sales 
Report.'' In considering this request, the DOE found that the firm was 
suffering a variety of hardships. Accordingly, the DOE issued a 
Decision and Order granting the firm temporary relief of six months, 
effective immediately.

Refund Applications

Atlantic Richfield Company/Seago Enterprises, Inc., 6/30/95, RF304-
13736

    The DOE granted in part an Application for Refund filed by Seago 
Enterprises, Inc., in the ARCO special refund proceeding. The firm had 
applied for a refund based upon product purchased during 1973, and 
1974, part of which was resold to ARCO. Seago's 1973 ARCO purchases 
were subject to a fixed-price contract based upon January 1973 prices. 
Seago's purchases during the refund period were therefore at prices 
significantly below prevailing market prices, and the DOE found that 
Seago was not injured with respect to these purchases. With respect to 
the product that was resold to ARCO, because the contracts guaranteed 
Seago a fixed profit margin, the firm was also not injured with respect 
to these purchases. Therefore, the DOE determined that Seago was 
entitled to a refund only for its 1974 purchases that were not resold 
to ARCO.

Interstate Power Company, 6/28/95, RF272-92278

    The DOE issued a Decision and Order concerning an Application for 
Refund filed in the Subpart V crude oil overcharge refund proceeding by 
Interstate Power Company. The DOE determined that Interstate Power 
Company was not entitled to a refund since it had filed a Utilities 
Escrow Settlement Claim Form and Waiver, thereby waiving its right to a 
Subpart V crude oil refund. Accordingly, the Application for Refund was 
denied.

Texaco Inc./Major Brands, 6/28/95, RR321-179

    Two owners of Major Brands filed a Motion for Reconsideration of a 
Decision and Order that had previously been issued to Major Brands. In 
that Decision, the DOE had granted a refund to Major Brands, but 
determined that only the owner that signed the Application for Refund 
was entitled to receive a share of the refund. The other two owners 
stated in their motion that they were under the assumption that Major 
Brands' original Application for Refund was intended to represent all 
of the eligible owners of the firm since the Application was filed in 
the name of the firm. These co-owners further stated that the original 
Application failed to acknowledge them as partners in Major Brands. In 
considering this request, the DOE found that the Motion for 
Reconsideration should be granted. Therefore, the DOE issued a Decision 
and Order granting refunds to the two owners that submitted the Motion.

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.

BRICK & TILE ET AL.......................................  RF272-77213                                  06/28/95
CITY OF NORTH MIAMI ET AL................................  RF272-95506                                  06/28/95
CRUDE OIL SUPPLE REF DIST................................  RB272-6                                      06/28/95
GULF OIL CORPORATION/PANCALLO GULF.......................  RF300-21829                                  06/28/95
PATRICIA JOHNSON ET AL...................................  RK272-2                                      06/28/95
TEXACO INC./G & G TEXACO.................................  RF321-21075                                  06/28/95
TEXACO INC./LES TEXACO SERVICE ET AL.....................  RF321-20267                                  06/28/95

[[Page 48676]]

                                                                                                                
TEXACO INC./RICHARD SHORT OIL CO., INC...................  RF321-7365                                   06/28/95
CHARLES F. WEAVER TEXACO.................................  RF321-19727                                          
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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ABB POWER T&D COMPANY, INC...................  RF272-92406              
ALAN CORP....................................  RF321-20679              
AVERITT EXPRESS..............................  RF272-95135              
BO JACKSON'S TEXACO SERVICE STATION..........  RF321-20191              
BUCKEYE COUNTRYMARK, INC.....................  RG272-14                 
CANTON'S TEXACO..............................  RF321-20779              
EAST PROVIDENCE FUEL OIL CO., INC............  RF321-20696              
FARMERS COOPERATIVE CO.......................  RG272-255                
FARMERS UNION OIL COMPANY....................  RG272-264                
GURRAN OIL CO., INC..........................  RF321-20553              
HOLT BROTHERS................................  RF272-99106              
JIM DEWEIN'S TEXACO..........................  RF321-20225              
KLOSTER CRUISE LIMITED.......................  RF321-20756              
LEWISVILLE TEXACO............................  RF321-19856              
M.A. MALIK...................................  VFA-0048                 
MUNIR A. MALIK...............................  VFA-0053                 
NORCO FUEL SERVICE, INC......................  RF321-20180              
PANCO OIL COMPANY............................  RF321-20587              
RAMOS' TEXACO................................  RF321-20489              
ST. JOSEPH'S CHURCH..........................  RF272-99104              
WEST DAVIE TEXACO............................  RF321-20735              
WINFORD COMPANY, INC.........................  RF321-20663              
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[FR Doc. 96-23627 Filed 9-13-96; 8:45 am]
BILLING CODE 6450-01-P