[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