[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Notices]
[Pages 49324-49325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24027]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders; Week of May 27 
Through May 31, 1996

    During the week of May 27 through May 31, 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.

Decision List No. 974

Appeals

Ball, Janik & Novack, 5/29/96, VFA-0159

    The DOE's Office of Hearings and Appeals (OHA) issued a 
determination denying a Freedom of Information Act (FOIA) Appeal filed 
by Ball, Janik & Novack (Ball). Ball appealed the Bonneville Power 
Administration's (BPA) withholding of information created as a result 
of its marketing research. OHA found that the information was properly 
withheld under Exemption 5's confidential commercial information 
privilege.

Gilberte R. Brashear, 5/30/96, VFA-0161

    Gilberte R. Brashear filed an Appeal from a determination issued to 
her on April 8, 1996 by the Department of Energy's Albuquerque 
Operations Office (AO) which denied a request for information she had 
filed under the Freedom of Information Act (FOIA). The request sought 
information regarding the possible exposure to radiation of Mrs. 
Brashear's late husband while he was in the U.S. Army at Los Alamos, 
New Mexico. AO stated that it conducted a search of its records at AO's 
Occupational Safety and Health Division and that it found no responsive 
documents. The Appeal challenged the adequacy of the search conducted 
by AO. In considering the Appeal, the DOE found that AO conducted an 
adequate search which was reasonably calculated to discover documents 
responsive to

[[Page 49325]]

Mrs. Brashear's request. Accordingly, the Appeal was denied.

Howard T. Uhal, 5/31/96, VFA-0160

    The OHA denied an appeal of a request to the Sandia National 
Laboratory for information concerning equipment used to detect chemical 
or biological agents. The OHA found that the search performed by Sandia 
National Laboratory was adequate, and referred the requester to the 
Department of the Army for other possible documents.

Implementation of Special Refund Procedures

Macmillan Oil Company, Kenny Larson Oil Company, 5/29/96, LEF-0046; 
VEF-0002

    The DOE issued a Decision and Order implementing procedures for the 
distribution of funds obtained from Macmillan Oil Company and Kenny 
Larson Oil Company. These funds were remitted by each firm to the DOE 
to settle possible pricing violations with respect to sales of refined 
petroleum products. For both firms, the audit records indicated the 
amount that each customer had been overcharged. The DOE determined that 
these monies will be distributed to the overcharged customers in 
proportion to the overcharges reflected in the audit records.

Refund Applications

Four Circle Cooperative, 5/30/96, RK272-3483

    Frenchman Valley Farmers sought a supplemental refund on behalf of 
Four Circle Cooperative. After the previous refund was disbursed, Four 
Circle was dissolved and its physical assets sold to Frenchman. The DOE 
noted that refund applications filed by cooperatives are deemed to have 
been filed on behalf of the members to whom they sold petroleum 
products. Since approximately one-half of Four Circle's members joined 
Frenchman when Four Circle was liquidated, DOE granted Frenchman one-
half of the supplemental refund.

Gulf Oil Corporation/The Celotex Corporation, 5/31/96, RF300-16329; 
RF300-16720

    The DOE issued a Decision and Order granting a refund based on two 
applications submitted by the Celotex Corporation (Celotex) in the Gulf 
Oil Corporation overcharge refund proceeding conducted under 10 CFR 
Part 205, Subpart V. The DOE determined that the Gulf customer number 
Celotex submitted with one application included the gallonage claimed 
under a different customer number in Celotex's other application. 
Celotex was granted a refund of $59,475 based on 47,579,661 gallons of 
petroleum purchases.

Peel Bros. Truck Leasing; Texaco Inc./Peel Bros. Truck Leasing, 5/30/
96, RC272-340; RF321-21086

    The Department of Energy (DOE) issued a Decision and Order 
rescinding refunds that were granted to Peel Bros. Truck Leasing (Peel) 
in the Texaco and crude oil refund proceedings. In the Decision, the 
DOE found that Peel was a corporation, and the stock of that 
corporation had been sold to Ryder Systems Inc., which had previously 
been granted a refund for Peel's purchases. The DOE further found that 
the right to a refund had been transferred with the stock, and that the 
former owner of Peel was not entitled to a refund in either proceeding.

The 341 Tract Unit of the Citronelle Field/Consumers Power Company, 5/
31/96, RF345-68

    The DOE issued a Supplemental Order reducing a $68,650 refund 
granted to Consumers Power Company in The 341 Tract Unit of the 
Citronelle Field/Consumers Power Company, Case No. RF345-2 (May 23, 
1996). In the Supplemental Order, the DOE corrected two calculation 
errors and determined that the proper refund amount was $61,467. 
Accordingly, the Consumers Power refund was reduced by $7,183.

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/GROVES OIL CO. ET AL..........  RF304-02369 05/30/96                                 
CRUDE OIL SUPPLE REFUND DIST.............................  RB272-00077                                  05/31/96
CRUDE OIL SUPPLE REFUND..................................  RB272-00080                                  05/30/96
GLENDALE MEMORIAL HOSPITAL ET AL.........................  RF272-89208                                  05/28/96
INEEDA UNITOG RENTALS, INC...............................  RF272-85971                                  05/30/96
PEPSI-COLA METROPOLITAN BOTTLING CO. ET AL...............  RK272-00035                                  05/31/96
POZZI BROTHERS TRANSFER ET AL............................  RR272-171                                    05/28/96
TEXACO INC./COASTAL CORP. ET AL..........................  RF321-9722                                   05/29/96
TEXACO INC./LEO LONGTIN'S TEXACO.........................  RR321-196                                    05/30/96
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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GARRETT PAVING CONTRACTORS, INC..............  RF272-98609              
HOLLAND FUELS, INC...........................  RF304-4871               
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[FR Doc. 96-24027 Filed 9-18-96; 8:45 am]
BILLING CODE 6450-01-P