[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Notices]
[Pages 49765-49767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24294]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders; Week of July 8 
Through July 12, 1996

    During the week of July 8 through July 12, 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, 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 
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.


[[Page 49766]]


    Dated: September 11, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 980

Appeals

Burlin McKinney, 7/9/96, VFA-0177

    Burlin McKinney (McKinney) filed an Appeal from a denial by the 
Department of Energy's Office of the General Counsel (OGC) of a Request 
for Information which he had submitted under the Freedom of Information 
Act (the FOIA). In considering the Appeal, the DOE found that the 
document requested by McKinney, a memorandum prepared by the OGC 
advising the Assistant Secretary for Environment, Safety and Health, 
was an attorney-client, attorney work-product document exempt from 
disclosure under Exemption 5 of the FOIA. Therefore, the Appeal was 
denied.

William H. Payne, 7/10/96, VFA-0178

    William H. Payne (Payne) filed an Appeal from a determination 
issued to him by the Albuquerque Operations Office (AO) of the 
Department of Energy (DOE). In his Appeal, Payne asserted that AO did 
not conduct an adequate search for records he had requested pursuant to 
the FOIA. The DOE determined that AO had conducted an adequate search 
for records and Payne's Appeal was denied.

Personnel Security Hearing

Idaho Operations Office, 7/11/96, VSO-0087

    Hearing Officer from the Office of Hearings and Appeals issued an 
Opinion regarding the eligibility of an individual for access 
authorization under the provisions of 10 CFR Part 710. After carefully 
considering the record of the proceeding in view of the standards set 
forth in Part 710, the Hearing Officer found that the individual's one-
time use of marijuana was unintentional and therefore did not raise a 
significant security concern. The Hearing Officer found that the 
individual's explanation of the incident was credible, and therefore, 
that he did not falsify information when he provided this explanation 
at his personnel security interview. The Hearing Officer also found 
that although the individual had engaged in unusual conduct, he had 
taken steps to prevent this conduct from recurring. Accordingly, the 
Hearing Officer found that the individual's access authorization should 
be restored.

Request for Exception

Boyd Jolley Company, 7/12/96, VEE-0006

    Boyd Jolley Company filed an Application for Exception from the 
requirement that it file the Energy Information Administration's form 
entitled ``Resellers' Monthly Petroleum Product Sales Report'' (Form 
EIA-782B). In considering this request, the DOE found that the firm did 
not meet the standards for exception relief, as it was not experiencing 
a serious hardship or gross inequity as a result of this reporting 
requirement. Accordingly, exception relief was denied.

Refund Applications

Anderson/The States, Et Al., Standard Oil (Indiana)/West Virginia, 
Belridge Oil Co./Rhode Island, Standard Oil (Indiana)/Rhode Island, 
Charter Co./Mississippi, 7/12/96, RQ14-11, et al.; RM251-296; RQ8-608; 
RQ251-609; RQ23-610

    The DOE issued a Decision and Order disbursing all remaining second 
stage funds, totaling $15,491,367, to eligible state energy 
conservation offices. The funds are to be used to supplement other oil 
overcharge funds, including funds obtained from the Stripper Well 
Settlement Agreement, for various overcharge-related energy restitution 
and conservation programs. The funds can be used by both state 
governments and federally-recognized Indian Tribes. In addition, the 
Decision rescinds a portion of a previous second-stage refund granted 
to the State of Mississippi in the Charter special refund proceeding.

R.Y. Management, et al., 7/11/96, RG272-1001, et al.

    The Office of Hearings and Appeals of the Department of Energy 
(DOE) issued a Decision and Order dismissing three 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.

EASON OIL COMPANY/BRISCOE'S LP-  RF352-3                        07/10/96
 GAS SERVICE, INC..                                                     
ATLANTIC RICHFIELD COMPANY.....  RF352-8                                
HEINZ PET PRODUCTS ET AL.......  RF272-92540                    07/12/96
JOHN TINNEY DELIVERY SERVICE ET  RF272-97708                    07/10/96
 AL.                                                                    
MR. AND MRS. J.D. PIAR ET AL...  RK272-03374                    07/11/96
THE TIMKEN COMPANY.............  RR272-136                      07/10/96
U.S. TURBINE CORP. ET AL.......  RG272-205                      07/08/96
                                                                        

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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ACME RESIN CORPORATION.......................  RD272-58053              
COPOLYMER RUBBER & CHEMICAL CORPORATION......  RD272-58418              
DANIEL INTERNATIONAL CORPORATION.............  RK272-3400               
DIGITAL EQUIPMENT............................  RD272-58469              
LEWISVILLE SHELL.............................  RF315-5908               
NATIONAL-STANDARD............................  RD272-17314              
OXFORD AUTO SALES, INC.......................  RF300-19946              
REPUBLIC TAXI COMPANY........................  RD272-55465              
SOUTHWEST OIL DISTRIBUTORS...................  RF304-15427              
THORNTON OIL COMPANY.........................  RF304-15061              
TIPTON SHELL.................................  RF315-988                
TRUCKSTOPS CORP. OF AMERICA..................  RF304-14293              

[[Page 49767]]

                                                                        
UNITED TRUCK & BUS SERVICE...................  RF300-21715              
WASHINGTON PARISH............................  RF272-97762              
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[FR Doc. 96-24294 Filed 9-20-96; 8:45 am]
BILLING CODE 6450-01-P