[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Page 49130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23887]


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Notice of Issuance of Decisions and Orders From the Week of 
November 13 Through November 17, 1995

    During the week of November 13 through November 17, 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, DC 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 5, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Appeal

Knolls Action Project, 11/13/95, VFA-0093

    Knolls Action Project (KAP) filed an Appeal from a determination 
issued to it by the Office of Naval Reactors (NR) of the Department of 
Energy (DOE). In its Appeal, KAP asserted that NR improperly failed to 
grant it a fee waiver regarding documents it requested pursuant to four 
Freedom of Information Act (FOIA) Requests it submitted. In its 
Requests, KAP requested various documents pertaining to the shipment 
and management of spent nuclear fuels from U.S. Naval vessels and that 
it be granted a fee waiver for the costs associated with the processing 
of its Requests. In its determination letter, NR denied KAP's fee 
waiver Request. In its Appeal, KAP argued that it fully met each of the 
requirements for a fee waiver. After a de novo review, the DOE 
determined that KAP was eligible for a fee waiver regarding certain 
portions of one of its FOIA Requests and was properly denied a fee 
waiver regarding the remainder of its Requests.

Personnel Security Hearing

Albuquerque Operations Office, 11/14/95, VSA-0023

    Upon review, the Director, Office of Hearings and Appeals, 
concurred with the Hearing Officer's recommendation in Case No. VSA-
0023 that access authorization not be restored to the appellant 
employee due to his use of marijuana and subsequent concealment of a 
history drug use. The employee claimed that 1) he was not notified of 
the results of a drug test; 2) that the drug test violated provisions 
of the Drug Free Workplace Act; and 3) that his concealment of drug use 
was due to immaturity or poor memory. The Director found that the 
employee had failed to mitigate valid security concerns. The Director 
also denied a motion for discovery of ethnicity of persons subject to 
administrative review by the Department of Energy.

Refund Application

Maritime Overseas Corporation, 11/14/95, RF272-97921

    The DOE issued a Decision and Order concerning one Application for 
Refund in the Subpart V crude oil overcharge refund proceeding. The 
refund application was filed by the Maritime Overseas Corporation. The 
DOE determined that the Maritime Overseas Corporation was not entitled 
to a refund since it had filed a Rail and Water Transporters Escrow 
Settlement Claim Form and Waiver. In that filing, the Maritime Overseas 
Corporation had requested a Stripper Well refund from the Rail and 
Water Transporters escrow, thereby waiving its right to a Subpart V 
crude oil refund. Accordingly, the DOE denied the Application for 
Refund.

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.

Axtell-Bern Summerfield Schls. et al.....................  RF272-96238                                  11/14/95
Bear River Valley Coop. et al............................  RF272-97054                                  11/14/95
Ferraro Transportation Co. Inc et al.....................  RF272-89202                                  11/14/95
Gulf Oil Corporation/The Kiesel Co.......................  RF300-16954                                  11/14/95
Joed, Inc................................................  RF300-16973                            ..............
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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A.M. Devencenzi..............................  RF272-98261              
Bacon County, GA.............................  RF272-86198              
Gordon Transport, Inc........................  RF300-12748              
Hartnell Plaza Texaco........................  RF321-20554              
Idaho Operations Office......................  VSO-0058                 
Phoenix Steel Corp...........................  RF272-92152              
Victor B. Skaar..............................  VFA-0012                 
Warwick Public Schools.......................  RF272-97913              
Watonga, OK..................................  RF272-86205              
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[FR Doc. 96-23887 Filed 9-17-96; 8:45 am]
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