[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Pages 48681-48682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23631]



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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders During the Week of 
October 23 Through October 27, 1995

    During the week of October 23 through October 27, 1995, the 
decision and order summarized below was 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 this decision and order 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, 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,
Associate Director, Office of Hearings and Appeals.

Appeals

Kenneth H. Besecker, 10/24/95, VFA-0075

    Kenneth H. Besecker filed an Appeal from the determination issued 
to him by the Director of the Office of Economic Impact and Diversity 
(Director) of the Department of Energy (DOE) in response to a Request 
for Information submitted under the Freedom of Information Act (FOIA). 
In considering the Appeal, the DOE found that the Director properly 
withheld under the ``executive'' privilege of Exemption 5 of the FOIA 
handwritten notes evaluating an EEO investigator's investigation and 
report. In particular, the DOE determined that the material was both 
predecisional and deliberative within the meaning of the FOIA 
privilege. The DOE also determined that release of the document could 
cause a reasonably foreseeable harm to a protectable FOIA principle, as 
enunciated in the Memorandum to All Department Heads on the FOIA by 
Attorney General Janet Reno. Accordingly, the Appeal was denied.

Personnel Security Hearings

Albuquerque Operations Office, 10/26/95, VSO-0045

    A Hearing Officer of the Office of Hearings and Appeals issued an 
opinion concerning the continued eligibility of an individual for 
access authorization under 10 CFR Part 710, ``Criteria and Procedures 
for Determining Eligibility for Access to Classified Matter or Special 
Nuclear Material.'' After considering the records in view of the 
standards set forth in Part 710, the Hearing Officer found that the 
derogatory information presented by the Albuquerque Operations Office 
under 10 CFR Sec. 710.8(l) established that the individual used 
marijuana on one occasion in 1994. The Hearing Officer also found that 
the individual presented sufficient evidence of rehabilitation and 
reformation to mitigate this derogatory information. Finally, the 
Hearing Officer found that the individual's violation of his Drug 
Certification was mitigated by the circumstances surrounding the 
execution of that certification, including the passage of time of 
fifteen years. Accordingly, the Hearing Officer concluded that, in his 
opinion, the individual's access authorization should be restored.

Pittsburgh Naval Reactors Office, 10/27/95, VSO-0041

    An Office of Hearings and Appeals Hearing Officer issued an opinion 
under 10 CFR Part 710 concerning the continued eligibility of an 
individual for access authorization. After considering the testimony at 
the hearing convened at the request of the individual and all other 
information in the record, the Hearing Officer found that the 
individual deliberately omitted substantial information from a 
Questionnaire for Sensitive Positions and that this constituted a 
security concern under 10 CFR Sec. 710.8(f). The Hearing Officer also 
found that the individual had engaged in a pattern of financial 
irresponsibility and that this conduct raised a security concern under 
10 CFR Sec. 710.8(l). The Hearing Officer further found that the 
individual failed to present sufficient evidence of rehabilitation, 
reformation or other factors to mitigate the derogatory information. 
With respect to the individual's financial irresponsibility, the 
Hearing Officer specifically found that the individual's recent 
bankruptcy filing did not reduce the agency's security concerns or 
constitute evidence of rehabilitation. Accordingly, the Hearing Officer 
recommended that the individual's access authorization, which had been 
suspended, should not be restored.

Pittsburgh Naval Reactors Office, 10/27/95, VSO-0048

    A Hearing Officer recommended that access authorization not be 
restored to an individual whose access was suspended due to evidence of 
his engaging in a pattern of financial irresponsibility. The Hearing 
Officer found the individual's defense that a substantial amount in 
unpaid bills and taxes was due to his misplaced generosity to his 
family failed to mitigate valid security concerns.

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.

CANADA STEAMSHIP LINES, INC. ET AL.......................  RF272-73779                                  10/24/95
CARTER TRUCK LINES, INC. ET AL...........................  RF272-98004                                  10/23/95
CRESTHAVEN ENTERPRISES ET AL.............................  RK272-154                                    10/27/95
CRUDE OIL SUPPLE REF DIST................................  RB272-56                                     10/27/95
CRUDE OIL SUPPLEMENTAL REFUND DISTRIBUTION...............  RB272-55                                     10/26/95
DUNMYRE MOTOR LINES......................................  RF272-97187                                  10/27/95
FARMERS UNION OIL CO. OF CALVALIER-NECHE.................  RJ272-2                                      10/26/95
FREMONT COUNTY SCHOOL DIST. #2 ET AL.....................  RF272-97700                                  10/27/95
MANASQUAN BOARD OF EDUCATION ET AL.......................  RF272-86513                                  10/23/95
PROSSER SCHOOL DISTRICT, WA ET AL........................  RF272-98064                                  10/27/95
SCA SERVICES, INC........................................  RF272-77541                                  10/23/95
T.E. MERCER TRUCKING, INC. ET AL.........................  RF272-90797                                  10/23/95
TEXACO INC./KIRKWOOD TEXACO..............................  RF321-20616                                  10/27/95
TEXACO INC./STUCKEY STORE #1761 ET AL....................  RF321-5361                                   10/26/95
TEXACO INC./WAYNE RUDOLPH................................  RF321-16356                                  10/24/95
ARCHER DANIELS MIDLAND CO................................  RF321-19932                            ..............
                                                                                                                


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Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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CARSON CITY COUNTY, NV.......................  RF272-96245              
DCW PRODUCTION...............................  RF272-94179              
ELLIS AIR TAXI, INC..........................  RF272-98000              
IDAHO OPERATIONS OFFICE......................  VSO-0050                 
ROSEAU COUNTY CO-OP ASSOC....................  RG272-00719              
UNION DISTRIBUTING COMPANY...................  VEE-0011                 
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[FR Doc. 96-23631 Filed 9-13-96; 8:45 am]
BILLING CODE 6450-01-P