[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Pages 49134-49135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23890]



[[Page 49134]]

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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders; Week of June 17 
Through June 21, 1996

    During the week of June 17 through June 21, 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, 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

BURLIN MCKINNEY, 6/18/96, VFA-0168

    Burlin McKinney sought under the Freedom of Information Act 
information concerning safety measures at the DOE's Y-12 plant. DOE 
found that the determination issued by the Oak Ridge Operations Office 
was inadequate. Accordingly, DOE remanded the matter to Oak Ridge with 
instructions to correct the determination's deficiencies.

GOVERNMENT ACCOUNTABILITY PROJECT, 6/17/96, VFA-0167

    The Government Accountability Project (GAP) filed an Appeal from a 
FOIA determination issued to it by the Albuquerque Operations Office 
denying it a waiver of fees. The DOE determined that GAP was eligible 
for a fee waiver and granted GAP's Appeal.

LARSON ASSOCIATED, INC., 6/18/96, VFA-0103

    Larson Associated, Inc., filed an Appeal from a denial by the 
Department of Energy's Oak Ridge Operations Office (DOE/OR) of a 
request for information which it had submitted under the Freedom of 
Information Act (FOIA). Larson sought a copy of a Community Involvement 
Proposal submitted to DOE/OR by Martin Marietta Corporation. DOE/OR 
withheld this document in its entirety pursuant to FOIA Exemption 4. In 
considering the Appeal, the DOE found that: (i) it is proper under the 
standards set forth by the federal courts to process FOIA requests on a 
``first-in, first-out'' basis; (ii) the Manager of DOE/OR was the 
proper signatory of the determination; (iii) DOE/OR's determination 
that material should be withheld under Exemption 4 because its 
disclosure was likely to cause competitive harm to the submitter did 
not sufficiently state the reasons for believing such harm would 
result; and (iv) some portions of the documents can be released.
    Accordingly, the Appeal was granted in part. The matter was 
remanded to DOE/OR for a new determination that would release 
information that was not protected from disclosure, and would 
adequately explain the reasons for withholding exempt information.

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.

BEAM'S ARCO..............................................  RG272-382                                    06/20/96
BOYD MILNER..............................................  RJ272-00013                                  06/19/96
LARRY MILNER.............................................  RJ272-00014                            ..............
CARL MINDELSON...........................................  RJ272-00016                            ..............
SARA MINDELSON...........................................  RJ272-00017                            ..............
DOROTHY HIGER............................................  RJ272-00018                            ..............
CPC INTERNATIONAL, INC...................................  RJ272-15                                     06/21/96
PHILLIP MORRIS COMPANIES, INC............................  RK272-3556                             ..............
CRUDE OIL SUPPLE REF DIST................................  RB272-00081                                  06/21/96
FALL RIVER FEEDLOTS, INC. ET AL..........................  RK272-00030                                  06/20/96
GALESVILLE-ETTRICT SCHOOL DISTRICT ET AL.................  RF272-80678                                  06/18/96
GULF OIL CORPORATION/JAMES L. TURNBAUGH ET AL............  RF300-20304                                  06/17/96
GULF OIL CORPORATION/ROUTE 40 WEST GULF..................  RF300-15030                                  06/19/96
SAN MATEO COUNTY REGIONAL OCCUPATIONAL PROGRAM ET AL.....  RF272-79174                                  06/18/96
TOWN OF HOPKINTON ET AL..................................  RF272-95902                                  06/17/96
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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BERNARD MOTOR SUPPLY.........................  RF304-15415              
BIGGARD DRILLING.............................  RG272-00384              
CHARLES L. BAILEY............................  RF304-15430              
DICK'S ARCO..................................  RF304-15416              
GEORGE E. BURKE..............................  RF304-15467              
GRIFFIN ARCO SERVICE.........................  RF304-15449              
HARLEM & CERMAK ARCO.........................  RF304-15465              
HILLTOP BASIC RESOURCES, INC.................  RF272-97840              
LIMA CENTRAL CATHOLIC HIGH SCHOOL............  RF272-97801              
MARVIN W. BROWN ARCO.........................  RF304-15144              
MOUNT GREYLOCK REGULAR SCHOOL DISTRICT.......  RF272-97800              
PATRONS' MERCANTILE COOPERATIVE..............  RG272-00378              

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PYROFAX GAS CORP.............................  RF304-15468              
ROMAN CATHOLIC ARCHBISHOP....................  RF272-97899              
SKAGWAY AIR SERVICE..........................  RF272-98026              
SOUTHERN MARYLAND ELECTRIC CO-OP., INC.......   RF272-95186             
SOUTHERN MARYLAND ELECTRIC CO-OP., INC.......  RF272-98075              
SOUTHERN MARYLAND ELECTRIC COOP., INC........  RF272-95186              
SOUTHERN MARYLAND ELECTRIC COOP., INC........  RF272-98075              
SOUTHGATE ARCO...............................  RF304-13759              
STU-BROCK SERVICE INC........................  RF304-15061              
STUART PETER PARSELL.........................  RF272-97734              
T.H. MCCANN CORP.............................  RF304-15059              
W.D. YOUNG OIL & SUPPLY......................  RF304-15337              
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[FR Doc. 96-23890 Filed 9-17-96; 8:45 am]
BILLING CODE 6450-01-P