[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Pages 49131-49132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23888]



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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders; Week of February 26 
Through March 1, 1996

    During the week of February 26 through March 1, 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, DC 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

Keith E. Loomis, 2/5/96, VFA-0125

    The DOE denied a Freedom of Information Act Appeal filed by Keith 
E. Loomis (Loomis). Loomis appealed the Office of Naval Reactors' (ONR) 
withholding of information under Exemption 6. OHA found that Exemption 
6 was properly applied.

Nathaniel Hendricks, 2/29/96, VFA-0129

    Nathaniel Hendricks filed a Motion for Reconsideration of a 
Decision and Order issued to him by the Department of Energy that the 
remanded Appellant's Freedom of Information Act request to the DOE's 
Office of Environment, Safety and Health (DOE/EH). In the 
reconsideration Motion, the Appellant presented new material that 
required a further search by the Chicago Operations Office. The DOE 
granted the Motion and remanded the matter to the Chicago Operations 
Office for further action.

Personnel Security Hearing

Oakland Operation Office, 2/26/96, VSO-0072

    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 C.F.R. Part 710. The Hearing Officer 
found that the derogatory information presented under 10 C.F.R. 
Sec. 710.8(1) established that the individual misappropriated 
government property (a drill and some computer parts) and that he 
offered an explanation to a security guard concerning the drill that 
was not truthful. The Hearing Officer found that the individual 
presented sufficient evidence to mitigate this derogatory information. 
Specifically, the Hearing Officer found that the individual had 
demonstrated that he intended only to briefly borrow the drill, and 
that he had removed the computer parts from the laboratory for a 
legitimate government purpose. The Hearing Officer also found that the 
individual had relied on a perceived tolerance by the laboratory for 
the borrowing of property when he failed to obtain proper authorization 
for the off site use of these articles. The Hearing Officer found that 
the individual's untruthful statement to the security guard was 
mitigated by the individual's excitement, fatigue, and mental confusion 
at the time the statement was made. Finally, the Hearing Officer found 
that the individual had demonstrated an ability and willingness to 
comply fully with the requirements of laboratory policy regarding off 
site use laboratory property subsequent to these events. Accordingly, 
the Hearing Officer concluded that the individual's access 
authorization should be restored.

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.

AMERICAN ORIGINAL CORPORATION/BORDEN, INC................  RK272-3239                                   02/27/96
ARAVA NATURAL RESOURCES..................................  RK272-2715                                   02/27/96
ATLANTIC RICHFIELD COMPANY/SOUTH BAY PLAZA CAR WASH ET AL  RF304-13347                                  02/29/96
CAROLINA AIRCRAFT, INC. ET AL............................  RF272-90648                                  02/26/96
DADE COUNTY PUBLIC SCHOOLS DEPARTMENT OF TRANSPORTATION..  RJ272-00007                                  02/27/96
DOWNEAST AIRLINES, INC. ET AL............................  RF272-97951                                  02/27/96
EARLE M. JORGENSEN COMPANY...............................  RR272-227                                    02/26/96
ETHEL GOLDHAHN ET AL.....................................  RK272-01101                                  02/27/96
GULF OIL CORPORATION/NEICE'S GULF ET AL..................  RF300-16632                                  02/26/96
INTERNATIONAL FLAVORS & FRAGRANCES.......................  RR272-211                                    02/26/96
INTERNATIONAL FLAVORS & FRAGRANCES.......................  RD272-14036                                          
MEGALOPOLIS PROPERTY ASSOCIATION ET AL...................  RF272-78604                                  02/29/96
SHARON STEEL CORPORATION.................................  RC272-334                                    02/26/96
VILLAGE OF HAZEL CREST ET AL.............................  RK272-2850                                   02/26/96
WILLIAM M. HART ET AL....................................  RK272-2689                                   02/26/96
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                          Name                                Case No   
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AIR PARK ASSOCIATES.....................................     RF300-20370
ALASKA COASTAL AIRLINES.................................     RF272-97991
DICKMAN AVIATION SERVICES, INC..........................     RF272-97998
ED'S GULF...............................................     RF300-13495
ED'S GULF...............................................     RF300-13043
GOVERNMENT ACCOUNTABILITY PROJECT.......................        VFA-0134
JOHN C. MANCHESTER, INC.................................     RF300-20307
NEW YORK TIMES..........................................     RF272-78117
PROVIDENCE JOURNAL CO...................................     RF272-78127
TUCKER OIL CO...........................................     RF304-15340

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VIC'S MONTEREY ARCO.....................................     RF304-15405
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[FR Doc. 96-23888 Filed 9-17-96; 8:45 am]
BILLING CODE 6450-01-P