[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Pages 49128-49129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23885]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders; Office of Hearings 
and Appeals; Week of June 3 Through June 7, 1996

    During the week of June 3 through June 7 1996, 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 9, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Appeals

Association of Public Agency Customers, 6/6/96, VFA-0162

    The Association of Public Agency Customers (Appellant) filed an 
Appeal of a Determination issued to it by the Department of Energy 
(DOE) in response to a request under the Freedom of Information Act 
(FOIA) concerning documents related to power service contracts. In its 
Determination, Bonneville Power Administration (BPA) released 26 pages 
and withheld approximately 1,500 additional pages from the Appellant 
under Exemptions 4 and 5 of the FOIA. The Appellant appealed this 
withholding and challenged the amount of search and review fees it had 
been assessed. The Office of Hearings and Appeals (OHA) first 
determined that the amount of time spent searching for and reviewing 
documents was reasonable, and that it was proper to have relatively 
high-paid employees conduct this work. However, the OHA found that BPA 
had incorrectly charged the Appellant the cost of the photocopier 
operator's time. The OHA also concluded that Exemption 4 had been 
applied correctly, because if some of the withheld material was 
released, future production capacities of two BPA customers would be 
easily determined. Finally, the OHA found that the other withheld 
documents were correctly protected by the deliberative process and 
attorney-client privileges of Exemption 5. Accordingly, the OHA ordered 
BPA to reduce its fees to the Appellant by the amount of the incorrect 
charges, but denied the Appeal in all other respects.

Dorothy M. Bell, 6/7/96, VFA-0163

    The Department of Energy (DOE) issued a Decision and Order denying 
a Freedom of Information Act Appeal that was filed by Dorothy M. Bell. 
In her Appeal, Ms. Bell contested the adequacy of the search for 
documents responsive to her request. In the Decision, the DOE found 
that the search conducted for responsive documents was adequate.

Todd M. Clark, 6/6/96, VFA-0164

    Todd M. Clark filed an Appeal from a determination issued to him on 
April 8, 1996, by the Freedom of Information Act Contact of the Office 
of Environmental Management of the Department of Energy (DOE). In that 
determination, the FOIA Contact granted a request for information filed 
by Mr. Clark under the Freedom of Information Act (FOIA). In his 
Appeal, the appellant contended that additional responsive information 
may exist. In considering the Appeal, the DOE confirmed that the FOIA 
Contact followed procedures reasonably calculated to uncover any 
responsive information. Accordingly, the DOE denied Mr. Clark's 
request.

Refund Application

Atlantic Richfield Company/Jefferson ARCO, Albert's ARCO, 6/7/96, 
RF304-15501, RF304-15502

    The DOE found that duplicate applications were filed in the ARCO 
special refund proceeding for two retail outlets owned by Albert 
Peiper. The DOE determined that Mr. Peiper's signature was forged on 
one set of applications and on the refund checks issued based upon 
those applications. The forged applications carried the address of Mr. 
Peiper's former wife, and the refund checks were deposited into her 
account. Accordingly, the refunds granted based upon the forged 
applications were rescinded, and Mr. Peiper's former wife was ordered 
to repay the amount received.

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.

Clairmont Transfer Company...............................  RC272-342                                    06/03/96
Clairmont Transfer Company...............................  RK272-3437                                           
Gulf Oil Corporation/Clock Tire Mart.....................  RF300-16852                                  06/03/96
Gulf Oil Corporation/Dearman Oil Co. et al...............  RF300-13591                                  06/06/96
Gulf Oil Corporation/Jones Fuel & Heating Co.............  RF300-15144                                  06/07/96
Gulf Oil Corporation/WMG, Inc............................  RF300-21694                                  06/03/96
Land Paving et al........................................  RF272-96134                                  06/06/96
Riedel International.....................................  RF272-69843                                  06/07/96
Riedel International.....................................  RD272-69843                                          
State of Tennessee.......................................  RR272-207                                    06/03/96
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Allegheny Development Corporation............  RG272-970                
Arledge Kelly Hay co.........................  RF272-94736              
Denormandie Towel & Linen Supply.............  RF272-89976              

[[Page 49129]]

                                                                        
Foia Group, Inc..............................  VFA-0165                 
Fort Recovery Equity Exc.....................  RG272-774                
Honeywell, Inc...............................  VFA-0149                 
Minden Oil, Inc..............................  RF300-19560              
Pomeroy Grange Supply Co., Inc...............  RG272-773                
Ray Bell.....................................  RG272-971                
Scotty's Contracting and Stone...............  RG272-771                
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[FR Doc. 96-23885 Filed 9-17-96; 8:45 am]
BILLING CODE 6450-01-P