[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Notices]
[Pages 48944-48945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23733]


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DEPARTMENT OF ENERGY

 Notice of Issuance of Decisions and Orders; Office of Hearings 
and Appeals Week of August 7 Through August 11, 1995

     During the week of August 7 through August 11, 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, 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: September 4, 1996.
 George B. Breznay
 Director, Office of Hearings and Appeals.

 Decision List No. 932

Appeals

Jay M. Baylon, 8/10/95, VFA-0059

    Jay M. Baylon (Baylon) filed an Appeal from determinations issued 
to him on May 24, 1995, and June 28, 1995, by the DOE's FOI and Privacy 
Branch, Reference and Information Management Division and the Office of 
Arms Control and Nonproliferation (Arms Control) which partially denied 
a request for information that Baylon had filed under the Freedom of 
Information Act (FOIA). The request sought information concerning 
Westinghouse Electric Corporation's transfer of nuclear-related 
technology to the People's Republic of China. The determinations stated 
that Arms Control had produced all available documents responsive to 
Baylon's request. They further explained that any other relevant 
information either originated in another Executive Agency, or was 
classified and undergoing a declassification review. The Appeal 
challenged the adequacy of the search. In considering the appeal, the 
DOE found that the initial search was too narrow in its scope because 
the FOI Office did not direct Baylon's FOIA request to other DOE 
offices involved in nuclear-related transfers. Accordingly, Baylon's 
Appeal was granted and the matter was remanded to the FOI Office to 
initiate a new search.

Robert S. Foote, 8/10/95, VFA-0058

    Robert S. Foote filed an Appeal from a determination issued to him 
by the DOE's Office of Health and Environmental Research (OHER) in 
response to a request from Mr. Foote under the Freedom of Information 
Act (FOIA). Mr. Foote sought the names of panelists who reviewed 
certain research grants. In considering the Appeal, the DOE found that 
the OHER properly withheld the panelists' names under Exemption 6 of 
the FOIA. Accordingly, the Appeal was denied.

Personnel Security Hearing

Oak Ridge Operations Office, 8/11/95, VSO-0021

    An Office of Hearings and Appeals Hearing Officer issued an opinion 
recommending restoration of the security clearance of an individual 
whose clearance had been suspended because the DOE had obtained 
derogatory information that fell within 10 C.F.R. Sec. 710.8(h). The 
individual had been diagnosed as having a mental condition that could 
cause a significant defect in the individual's judgment or reliability. 
In reaching his conclusion, the Hearing Officer found that the 
testimony at the hearing supported the individual's contention that the 
results of his MMPI testing did not show the existence of a mental 
condition that affected his judgment or reliability.

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.

Crude Oil Supplemental Refund Distribution...............  RB272-00032                                  08/10/95
Crude Oil Supplemental Refund Distribution...............  RB272-38                                     08/10/95
Jeannette, PA et al......................................  RF272-96000                                  08/10/95
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Clarke County, Virginia......................  RF272-86668              
Commonwealth Oil Refining Co., Inc...........  RF345-47                 
Concho County, Texas.........................  RF272-89244              

[[Page 48945]]

                                                                        
Fruehauf Trailer Corp........................  RR321-184                
Green's Propane Gas Co., Inc.................  RF304-13618              
McKelvey Oil Co..............................  RF304-13492              
Middlewest Freightways, Inc..................  RF272-89914              
Urich's Texaco Service Station...............  RF321-20928              
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[FR Doc. 96-23733 Filed 9-16-96; 8:45 am]
BILLING CODE 6450-01-P