[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)] [Notices] [Pages 49453-49455] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-24126] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Notice of Issuance of Decisions and Orders From the Week of October 9 Through October 13, 1995 During the week of October 9 through October 13, 1995, 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 20585-0107, Monday through Friday, between the hours of 1:00 p.m. and 5:00 p.m., except federal holidays. They are also [[Page 49454]] 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. 941 Appeals Henry, Lowerre, Johnson, Hess & Frederick, 10/11/95, VFA-0079 Henry, Lowerre, Johnson, Hess & Frederick filed an Appeal from a determination issued by the Department of Energy's Albuquerque Operations Office (DOE-AL). The firm requested copies of documents related to the Falls City, Texas Uranium Mill Tailings Remedial Action site. In considering the Appeal, the Office of Hearings and Appeals found that since two offices which might contain responsive information were not searched, the search performed by DOE-AL was not adequate. Accordingly, the Appeal was remanded to DOE-AL to perform a search of two offices for responsive documents. William H. Payne, 10/10/95, VFA-0076 William H. Payne filed an Appeal from a determination issued by the Department of Energy's Albuquerque Operations Office (DOE-AL) in response to a request from Mr. Payne under the Freedom of Information Act (FOIA). Mr. Payne sought documents showing the employment dates and names of all retired military personnel who were hired by Sandia National Laboratories between 1979 and 1995. In considering the Appeal, the Office of Hearings and Appeals found that DOE-AL did not perform an adequate search that was reasonably calculated to uncover responsive documents. Accordingly, the Appeal was remanded to DOE-AL for a new search for responsive documents. Personnel Security Hearings Albuquerque Operations Office, 10/10/95, VSO-0031 An Office of Hearings and Appeals Hearing Officer issued an opinion under 10 CFR Part 710 concerning the continued eligibility of an individual for access authorization. After considering the testimony at the hearing and all other information in the record, the Hearing Officer found that the individual was a habitual user of alcohol to excess and that the diagnosis of a board-certified psychiatrist that the individual was alcohol-dependent was undisputed. The Hearing Officer also found that the individual had failed to present sufficient evidence of rehabilitation or reformation. Moreover, the Hearing Officer found that the individual had failed to mitigate the security concerns surrounding his use of cocaine. In particular, the Hearing Officer found that the individual's use of cocaine was inextricably intertwined with the individual's alcohol use and that since the individual was not rehabilitated or reformed from his alcohol use there was a danger that the individual would again use cocaine. Accordingly, the Hearing Officer recommended that the individual's clearance should not be restored. Albuquerque Operations Office, 10/13/95, VSO-0036 A Hearing Officer recommended that access authorization not be restored to an employee whose access was suspended due to evidence of alcohol abuse and criminal behavior. The Hearing Officer found the employee had not shown sufficient evidence of rehabilitation from alcohol abuse or reformation from violent criminal behavior to mitigate valid security concerns. Albuquerque Operations Office, 10/10/95, VSO-0042 An Office of Hearings and Appeals Hearing Officer issued an opinion addressing the continued eligibility of an individual for access authorization under the provisions of 10 CFR Part 710. After considering the record of the proceeding in view of the standards set forth in Part 710, the Hearing Officer found that the Albuquerque Operations Office of the DOE had presented sufficient evidence to show that the individual was a user of alcohol habitually to excess. The Hearing Officer also found that the individual had submitted no evidence of rehabilitation or reformation to mitigate the security concerns of the DOE. Accordingly, the Hearing Officer's opinion recommended that the individual's access authorization not 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. City-Elite Laundry Company............................... RK272-266 10/13/95 Thrift Transfer Inc...................................... RK272-267 .............. Warner & Smith Motor Freight............................. RK272-268 .............. Farmers Union Oil Co. et al.............................. RF272-86740 10/12/95 John A. Allison et al.................................... RK272-13 10/13/95 Severance Truck Line..................................... RF272-78468 10/11/95 U.S. Army Corps of Engineers............................. RF272-30444 10/13/95 Dismissals The following submissions were dismissed: ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ Albuquerque Operations Office................ VSO-0055 Christman Air System......................... RF272-98762 Global Van Lines Co.......................... RF272-89513 Gray Lines of Reno........................... RF272-89130 Howard Bush's Texaco #1...................... RF321-10623 Jeffrey R. Leist............................. LFA-0083 Keith E. Loomis.............................. VFA-0080 Motor Coach Speciality....................... RF272-89131 National Marine Service, Inc................. RF321-19956 Pine Eagle Farmers Coop...................... RF272-86664 Service Trucking, Inc........................ RF272-89163 [[Page 49455]] Waite, Schneider, Bayless, & Chesley Co., VFA-0077 L.P.A. ------------------------------------------------------------------------ [FR Doc. 96-24126 Filed 9-19-96; 8:45 am] BILLING CODE 6450-01-P