[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Pages 48676-48677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23628]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders; Week of June 12 
Through June 16, 1995

    During the week of June 12 through June 16, 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 Hearing

Albuquerque Operations Office, 6/16/95, VSA-0005

    An individual whose access authorization had been suspended filed a 
request for review of a DOE Hearing Officer's recommendation against 
its restoration. The individual's access authorization had been 
suspended by the Department of Energy's (DOE) Albuquerque Operations 
Office (Albuquerque) upon its receipt of derogatory information 
indicating that the individual was a habitual user of alcohol to 
excess, used illegal drugs and had deliberately provided DOE security 
officials with false or misleading information.
    Upon review, the individual claimed that she had been 
rehabilitated, and in the alternative, requested that the Director of 
the Office of Hearings and Appeals (the Director) stay her security 
proceeding in order to provide her with a sufficient time period to 
complete her rehabilitation. The Director found that she had not 
established her rehabilitation, and that her request for a stay of the 
proceeding should not be granted.

Implementation of Special Refund Proceedings

Mockabee Gas & Fuel Oil Co., 6/12/95, VEF-0001

    The OHA issued a Decision and Order announcing procedures for 
disbursement of $75,638 plus accrued interest, in overcharges on No. 2 
fuel oil and kerosene that were remitted to the DOE by Mockabee Gas & 
Fuel Oil Co. under a Modified Remedial Order issued to the firm in 
1985. Under the procedures established in the Decision, end-users who 
purchased those products from Mockabee during the period November 1, 
1973 through December 31, 1975, may apply for refunds. Successful 
applicants will receive refunds of $.0612 per gallon. The deadline for 
filing Mockabee refund applications is September 29, 1995.

Murphy Oil Corp., Murphy Oil USA, Inc., Murphy Exploration & Production 
Co., 6/15/95, VEF-0003

    The OHA issued a Decision and Order announcing procedures for 
disbursement of $10,700,00 plus accrued interest, in alleged crude oil 
overcharges obtained by the DOE under a Settlement Agreement with 
Murphy Oil Corp., Murphy Oil USA, Inc., and Murphy Exploration & 
Production Co. The Murphy funds will be distributed in accordance with 
the DOE's Modified Statement of Restitutionary Policy in

[[Page 48677]]

Crude Oil Cases, 51 F.R. 27899 (August 4, 1986). Under this policy, 40 
percent will be given to the federal government and 40 percent to the 
states for indirect restitution, and 20 percent will be reserved for 
direct restitution to injured purchasers of refined petroleum products 
during the controls period (August 1973 through January 27, 1981). The 
Decision states that while the deadline for filing crude oil refund 
applications is June 30, 1995, any party who has previously filed a 
refund application will receive a share of the Murphy funds without 
filing a new claim.

Refund Applications

Gulf Oil Corp./Calhoun & Williams Gulf et al., 6/12/95, RF300-16725 et 
al.

    The DOE granted 10 applications for refund in the Gulf Oil 
Corporation special refund proceeding. Each applicant applied for a 
refund based on the small claims presumption of injury. The refunds 
granted in this Decision and Order totalled $9,713.

Enron Corporation/MFA Oil Company, et al., 6/12/95, RF340-154 thru 
RF340-159

    MFA Oil Company and five other cooperative owners of Energy 
Cooperative, Inc. (ECI) submitted applications for refund in the Enron 
Corporation refund proceeding. The DOE determined that these 
cooperative owners of ECI were entitled to refunds under the 
presumption of injury for cooperatives for Enron product purchased by 
ECI and resold to the cooperative owners for distribution to their 
member customers. These refunds were made subject to reporting 
requirements and a dollar for dollar passthrough. With respect to Enron 
product that the cooperatives purchased from ECI and resold to non-
member customers, the DOE found that the presumption of injury for 
cooperatives did not apply. However, the DOE found that the 
cooperatives were entitled to refunds for these Enron purchases under 
the applicable presumptions of injury for resellers. Accordingly, the 
total refund granted to the cooperative owners of ECI was $369,406.

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.

CENTRAL RIVERS COOPERATIVE ET AL.........................  RF272-97102                                  06/15/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION...............  RB272-00005                                  06/15/95
GULF OIL CORPORATION/                                                                                           
COAN & FORD..............................................  RF300-20911                                  06/12/95
COAN & FORD..............................................  RF300-21796                                          
GULF OIL CORPORATION/                                                                                           
J.F. TOLLISON FERTILIZER.................................  RF300-15138                                  06/12/95
J.F. TOLLISON............................................  RF300-19577                                          
J.F. TOLLISON FERTILIZER.................................  RR272-201                                            
GULF OIL CORPORATION/MIDSTATES EQUIPMENT CO., INC........  RF300-21830                                  06/12/95
GULF OIL CORPORATION/PCL/MIRACLE MILE GULF ET AL.........  RF300-18304                                  06/12/95
LOGSDON TUG SERVICE......................................  RF272-79103                                  06/15/95
N. MONTEREY COUNTY UNIFIED SCHOOL DISTRICT ET AL.........  RF272-86337                                  06/15/95
NORTH CAPE MAY CITGO.....................................  RF272-97557                                  06/12/95
SHELL OIL COMPANY/COAST GAS, INC.........................  RF315-5911                                   06/15/95
TEXACO INC./BOB GRUNER'S TEXACO..........................  RF321-20536                                  06/12/95
TEXACO INC./DOUG'S TEXACO................................  RR321-181                                    06/15/95
TEXACO INC./NOLAN TEXACO.................................  RF321-20744                                  06/12/95
CUTLER'S TEXACO..........................................  RF321-20778                                          
TEXACO INC./VILLAGE SERVICE CENTER ET AL.................  RF321-18006                                  06/12/95
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                  Name                               Case No.           
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A. VICTORIAN...........................  VFA-0045                       
CROCK TEXACO...........................  RF321-19894                    
CROCK TEXACO SERVICE...................  RF321-19895                    
DOUG'S TEXACO..........................  RF321-19903                    
PETER DURAN............................  VWA-0002                       
PETER DURAN............................  VWA-0003                       
TEXACO SERVICE CENTER..................  RF321-19896                    
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[FR Doc. 96-23628 Filed 9-13-96; 8:45 am]
BILLING CODE 6450-01-P