[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Notices]
[Pages 49767-49768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24295]


-----------------------------------------------------------------------


DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders; Week of August 26 
Through August 30, 1996

    During the week of August 26 through August 30, 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. 20585-0107, 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 11, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 987

Appeal

Carolina Power & Light Co., 8/28/96, VEA-0005

    Carolina Power & Light Co. filed an Appeal from a determination by 
the DOE's Office of Environmental Management of CP&L's assessment for 
the Uranium Enrichment Decontamination and Decommissioning Fund (D&D 
Fund). CP&L argued that its assessment should not include DOE 
enrichment services associated with (1) leased enriched uranium, (2) a 
waste stream purchased from a foreign utility, or (3) fabrication 
allowances. After considering CP&L's arguments, the DOE determined that 
the requested exclusions would be inconsistent with the statute 
establishing the D&D Fund and the implementing regulations. 
Accordingly, the Appeal was denied.

Refund Applications

Fairmont Foods, Inc., 8/29/96, RF272-92292

    The DOE issued a Decision and Order concerning one Application for 
Refund filed by Fairmont Foods, Inc. In the Subpart V crude oil 
overcharge refund proceeding, the DOE determined that Fairmont Foods, 
Inc. was not entitled to a refund since it had filed a Reseller's 
Escrow Settlement Claim Form and Waiver. In that filing, Fairmont 
Foods, Inc. had requested a Stripper Well refund from the Reseller's 
escrow, thereby waiving its right to a Subpart V crude oil refund. 
Accordingly, the DOE denied the Application for Refund.

Franklin Oil Corp., 8/29/96, RF272-98162

    The Department of Energy (DOE) issued a Decision and Order denying 
an Application for Refund that was filed by Franklin Oil Corp. 
(Franklin) in the crude oil refund proceeding. In the Decision, the DOE 
concluded that Franklin was a refiner of petroleum products, and 
therefore was required to show that it was injured as a result of the 
alleged crude oil overcharges. Because Franklin failed to make such a 
showing, its application was denied.
H&D Excavating, Inc., 8/30/96, RC272-348

    The DOE issued a Supplemental Order to H&D Excavating, Inc. 
rescinding a part of a Decision and Order that granted the application 
of 15 claimants in the Subpart V crude oil refund proceeding. See 
Burnup & Sims, Inc., Case No. RF272-92013 (December 19, 1994). In that 
Decision, the DOE granted H&D Excavating, Inc. (Case No. RF272-92350), 
a refund of $88 based on its purchases of 110,050 gallons of refined 
petroleum products. The United States Post Office returned as 
undeliverable the refund check mailed to H&D Excavating, Inc. Since the 
DOE was also unable to contact or locate H&D Excavating, Inc., the DOE 
rescinded the refund approved for H&D Excavating, Inc.

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.

CLAIRMONT TRANSFER COMPANY...............................  RC272-349                                    08/29/96
COMMERCIAL TRUCK CO., LTD................................  RF272-97307                                  08/26/96
GREENWOOD MOTOR LINES, INC. ET AL........................  RF272-75953                                  08/28/96
IES INDUSTRIES INC.......................................  RF272-98185                                  08/28/96
MERCER MOTOR FREIGHT, INC. ET AL.........................  RF272-97332                                  08/28/96
NASHVILLE ELECTRIC SERVICE ET AL.........................  RF272-99115                                  08/28/96
NORTHEAST PETROLEUM INDUSTRIES/HUCKINS OIL COMPANY, INC..  RR264-1                                      08/29/96
                                                                                                                

Dismissals

    The following submissions were dismissed:

------------------------------------------------------------------------
                     NAME                               CASE NO.        
------------------------------------------------------------------------
ALMEIDA BUS LINES, INC.......................  RG272-0080               
ASHCRAFT'S MARKETS, INC......................  RF272-97807              
BAKER AVIATION, INC..........................  RF272-98023              
BARKER TIMBER COMPANY........................  RF272-95155              
CHRYSLER TRANSPORT...........................  RF272-97934              
COCA-COLA BOTTLING CO........................  RF272-90191              
DOLE FRESH VEGETABLES, INC...................  RF272-95152              
ESTATE OF R.E. WILLIAMS......................  RF272-97906              

[[Page 49768]]

                                                                        
MCNAMARA MOTOR EXPRESS, INC..................  RF272-97068              
QUALITY SEAFOODS, INC........................  RF272-95157              
STATE COMPENSATION INSURANCE FUND............  RF272-92741              
STATE OF VERMONT.............................  RF272-97901              
------------------------------------------------------------------------

[FR Doc. 96-24295 Filed 9-20-96; 8:45 am]
BILLING CODE 6450-01-P