[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Pages 49129-49130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23886]


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Office of Hearings and Appeals

Notice of Issuance of Decisions and Orders From the Week of 
November 6 Through November 10, 1995
    During the week of November 6 through November 10, 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, 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 6, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Appeals

Long Island Lighting Company, 11/8/95, VFA-0003

    The Office of Hearings and Appeals denied an appeal filed by the 
Long Island Lighting Company under 10 C.F.R. Part 766. LILCO had 
claimed that the DOE erroneously determined its special assessment for 
payment into the Uranium Decontamination and Decommissioning Fund 
established under the Energy Policy Act of 1992. In its Appeal, LILCO 
challenged DOE's accounting of a series of secondary market 
transactions in which LILCO had divested itself of enriched uranium 
fuel which it no longer needed due to the closing of its Shoreham New 
York reactor plant.

William H. Payne, 11/8/95, VFA-0091

    William H. Payne filed an Appeal from a determination issued by the 
Office of Intergovernmental and External Affairs of the Department of 
Energy's Albuquerque Field Office (DOE/AL), in response to a request he 
submitted for information under the Freedom of Information Act (FOIA). 
In his request, Payne sought the names and dates of employment of all 
retired military personnel who were hired by Los Alamos National 
Laboratory between October 1, 1979, and September 12, 1995. In 
considering the Appeal, the DOE found that: (i) the University of 
California, a DOE contractor that possessed the records sought by 
Payne, is not an ``agency'' as defined in the FOIA; (ii) the records 
had not been obtained by the DOE and were not in the agency's control 
at the time of the appellant's request; and (iii) under the contract 
between the DOE and the University, the records requested by Payne were 
not agency records subject to the FOIA. Accordingly, the DOE found that 
the records sought were not ``agency records,'' and the Appeal was 
denied.

Implementation of Special Refund Procedures

Malcolm M. Turner, Revere Petroleum Corp., Granite Petroleum Corp., 
Dalco Petroleum Corp., 11/6/95, VEF-0013, VEF-0014, VEF-0015, VEF-0016

    The DOE implemented procedures for the distribution of 
$4,567,399.72 plus accrued interest in alleged overcharges obtained 
from Malcolm Turner, Revere Petroleum Corporation, Granite Petroleum 
Corporation and Delco Petroleum Corporation. These funds were remitted 
by each firm to the DOE to settle possible pricing violations with 
respect to sales of crude oil. The DOE has determined that these monies 
will be distributed in accordance with the DOE's Modified Statement of 
Restitutionary Policy Concerning Crude Oil Overcharge. Under that 
policy, 20 percent will be divided among injured purchasers of refined 
products, 40 percent to the federal government, and 40 percent to the 
states.

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.

Atlantic Richfield Company/Alfred Lowry & Bros et al.....  RF304-12892                                  11/08/95
                                                                                                                

Dismissed

    The following submissions were dismissed:

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                     Name                               Case No.        
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Alabama Electric Cooperative, Inc............  RG272-00887              
Albuquerque Operations Office................  VSO-0062                 
Clay Hyder Trucking Lines....................  RF272-78171              
Commercial Carrier Corporation...............  RF272-78169              
Jim Beam Brands Co...........................  RF272-98777              
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[FR Doc. 96-23886 Filed 9-17-96; 8:45 am]
BILLING CODE 6450-01-P