[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)]
[Notices]
[Pages 49452-49453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24125]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders From the Week of July 
29 Through August 2, 1996

    During the week of July 29 through August 2, 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 10, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 983

Appeals

Association of Public Agency Customers, 8/1/96, VFA-0174

    The Association of Public Agency Customers (Appellant) filed an 
Appeal of a Determination issued to it by the Department of Energy 
(DOE) in response to a request under the Freedom of Information Act 
(FOIA) concerning documents related to power service contracts. In its 
Determination, Bonneville Power Administration (BPA) stated that, after 
release of several installment responses, it was discontinuing 
processing of the Appellant's request due to nonpayment of search and 
review costs. The Appellant appealed by challenging the amount of 
search and review fees it had been assessed. The Office of Hearings and 
Appeals (OHA) determined that DOE did not violate the FOIA either by 
failing to fully respond to the request in ten working days or by 
responding in installments. OHA further found that the amounts charged 
for search and review time were not exorbitant. However, the OHA found 
that BPA had incorrectly charged the Appellant the cost of the 
photocopier operator's time. The OHA also determined that DOE had not 
disregarded the Appellant's request not to be supplied with documents 
already located in the administrative record of six legal cases 
involving BPA. OHA also found the documents released by BPA to be 
responsive. Finally, the OHA found that because the response had not 
been completed, the Appellant was not entitled to a ``privilege log.'' 
Accordingly, the DOE granted the Appeal in part because it ordered BPA 
to reduce its fees to the Appellant by the amount of the incorrect 
charges, but denied the Appeal in all other respects.

U.S. Solar Roof, 7/31/96, VFA-0180, VFA-0181

    U.S. Solar Roof filed an Appeal from a determination issued to it 
by the Acting Deputy Assistant Secretary for Energy Efficiency and 
Renewable Energy (EE) of the Department of Energy (DOE) in response to 
two Requests for Information submitted under the Freedom of Information 
Act. In considering the Appeal, the DOE found that in the first 
request, there was no evidence that the meetings for which U.S. Solar 
Roof had requested documents took place. Thus, there were no documents 
responsive to U.S. Solar Roof's request. Accordingly, Appeal No. VFA-
0180 was denied. In its second request U.S. Solar Roof had not yet 
received a determination. In such cases, the Office of Hearings and 
Appeals (OHA) lacks jurisdiction to consider the Appeal. However, OHA 
consulted with EE which stated it would undertake an expeditious search 
for responsive records and respond directly to U.S. Solar Roof. 
Accordingly, Appeal No. VFA-0181 was dismissed.

Personnel Security Hearings

Albuquerque Operations Office, 7/29/96, VSO-0085

    An Office of Hearings and Appeals Hearing Officer issued an opinion 
concerning the continued eligibility of an individual for access 
authorization under 10 CFR Part 710. The individual admitted using 
illegal drugs and violating a DOE Drug Certification. See 10 CFR 710.8 
(k) and (l). The individual presented insufficient evidence that 1) the 
use of cocaine was an isolated occurrence; (2) there were extenuating 
circumstances surrounding this drug use; and (3) he has been 
rehabilitated. As the individual failed to meet his burden of proving 
the existence of mitigating circumstances, the Hearing Officer found 
that the individual's security clearance should not be restored.

Schenectady Naval Reactors Office, 7/30/96, VSO-0090


[[Page 49453]]


    An OHA Hearing Officer issued an opinion concerning the continued 
eligibility of an individual for access authorization under 10 CFR Part 
710, entitled ``Criteria and Procedures for Determining Eligibility for 
Access Authorization to Classified Matter or Special Nuclear 
Material.'' The Schenectady Naval Reactors Office (SNR) had suspended 
the individual's access authorization based on the individual's drug 
use and financial problems. The Hearing Officer found the individual 
had not produced evidence that would mitigate those security concerns. 
Accordingly, the Hearing Officer found that the individual's access 
authorization should not be restored.

Request for Exception

Middleton Oil Company, Inc., 7/30/96, VEE-0025

    Middleton Oil Company, Inc. (Middleton) filed an Application for 
Exception from the Form EIA-782B monthly filing requirement. In 
considering Middleton's request OHA determined that the company was 
significantly more burdened by the filing requirement than were other 
similarly situated companies due to the long-term illness and recent 
death of Middleton's owner, coupled with the extremely small office 
staff employed by the company. Accordingly, DOE granted exception 
relief for the term of one year, from July 1, 1996 to July 1, 1997.

Refund Applications

A.C.B. Trucking, Inc., 7/30/96, RF272-97874

    The DOE issued a Decision and Order denying the Application for 
Refund on behalf of A.C.B. Trucking, Inc. (A.C.B.), filed in the crude 
oil proceeding. Prior to the filing of A.C.B.'s Application, A.C.B. had 
applied for a refund from the Surface Transporters' Escrow in the 
Stripper Well proceeding. After the DOE was told in 1987 that A.C.B.'s 
owner-operators had purchased their own fuel, and A.C.B. had itself 
purchased less than 250,000 gallons, the DOE found A.C.B. ineligible 
for a Surface Transporters' refund. In A.C.B.'s 1994 Subpart V crude 
oil refund, the applicant claimed that there had been a 
miscommunication regarding its Surface Transporters' application, and 
that A.C.B. had actually purchased all fuel its trucks consumed, 
including its owner-operators' trucks. In its Decision and Order, the 
DOE determined that because A.C.B. had now proved that it had bought 
more than 250,000 gallons, it had been eligible for a Surface 
Transporters' refund. Thus, because the applicant's Stripper Well 
waiver was effective, the DOE denied A.C.B.'s Subpart V refund 
application. Further, the DOE could not approve a reopening of the 
Surface Transporters' proceeding, as that proceeding is long closed, 
and the applicant failed to present any adequate reason why it failed 
to submit a Motion for Reconsideration in that proceeding earlier.

Stillman Management, et al., 8/2/96, RG272-1006, ET AL.

    The Office of Hearings and Appeals of the Department of Energy 
(DOE) issued a Decision and Order dismissing thirteen Applications for 
Refund submitted in the crude oil overcharge refund proceeding 
conducted under 10 CFR Part 205, Subpart V. The claims were dismissed 
because they were filed after the deadline for submitting applications. 
As published in the Federal Register on April 21, 1995, all 
applications were to be postmarked by June 30, 1995.

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.

Carlisle Companies, Inc. et al...........................  RK272-03616                                  07/29/96
Gulf Oil Corporation/Britton Oil Company.................  RF300-14549                                  08/01/96
Hobart Brothers Company et al............................  RF272-78618                                  08/01/96
Sea-Land Service, Inc....................................  RG272-00961                                  08/01/96
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Balair/CTA...................................  RG272-810                
Barry Cartage, Inc...........................  RF272-95298              
Foskett School Bus Service...................  RG272-938                
Givaudan-Roure Corporation...................  RG272-531                
Givaudan-Roure Corporation...................  RG272-857                
Harry Robertson's Gulf Agency................  RF300-21418              
Merichem Company.............................  RG272-856                
Mobil Cab & Baggage Co., Inc.................  RF272-95226              
Mutual Materials Company.....................  RG272-881                
New York State Electric & Gas Corporation....  RG272-828                
R.A. Hamilton Corporation....................  RG272-817                
Southwestern Public Service Co...............  RF272-95116              
Spence, Moriarty, & Schuster.................  VFA-0190                 
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[FR Doc. 96-24125 Filed 9-19-96; 8:45 am]
BILLING CODE 6450-01-P