[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Pages 51280-51281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25062]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders; Week of January 1 
Through January 5, 1996

Office of Hearings and Appeals
    During the week of January 1 through January 5, 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 19, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 953

Appeal

Raytheon Company, 1/4/96, VFA-0103

    Raytheon Company filed an Appeal from a denial by the Office of 
Economic Impact and Diversity of the Department of Energy (DOE/ED) of a 
request for information which it had submitted under the Freedom of 
Information Act (FOIA). Raytheon sought records related to a DOE Office 
of Inspector General investigation of allegations of sexual harassment 
or other inappropriate conduct by a DOE employee. DOE/ED withheld in 
its entirety a report pursuant to FOIA Exemption 7(C). In considering 
the Appeal, the DOE found that (i) DOE/ED need not make a 
particularized finding regarding the privacy interests of each 
individual that would be infringed by a release of information, (ii) 
the names and identifying information of investigating officials named 
in the report may be withheld; (iii) witnesses and sources have a 
strong privacy interest in remaining anonymous and the public interest 
favors protecting their identities; but (iv) some portions of the 
report can be released. Accordingly, the matter was remanded in part to 
DOE/ED for a new determination either releasing information other than 
that protected by FOIA Exemption 7(C) or explaining the reasons for 
withholding that information. The Appeal was denied in all other 
respects.

Personnel Security Hearing

Nevada Operations Office, 1/4/96, VSO-0049

    A Hearing Officer from the Office of Hearings and Appeals issed an 
Opinion regarding the eligibility of an individual for access 
authorization under the provisions of 10 C.F.R. Part 710. The Hearing 
Officer found that the individual had omitted and falsified significant 
information concerning a DUI arrest from a written statement made in 
response to an official inquiry regarding his eligibility for DOE 
access authorization, and that the individual had suffered from alcohol 
dependency. The Hearing Officer rejected the individual's arguments 
that he had not falsified information in his written statement and 
further found no evidence of significant rehabilitation or reformation 
regarding the individual's falsification and omission. With regard to 
the individual's alcohol dependency, the Hearing Officer found that the 
individual had been rehabilitated. Given

[[Page 51281]]

the above findings, the Hearing Officer found that the individual's 
access authorization should not be restored.

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Center Equipment Company.....................  RF272-96155              
El Toro Express..............................  RF272-77988              
James J. Williams Trucking Co................  RF272-97883              
Johnny Bowen Gulf Station #1.................  RF300-21710              
New York State Electric & Gas................  RF300-21566              
Redi-Froz Dist. Co...........................  RF272-97821              
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[FR Doc. 96-25062 Filed 9-30-96; 8:45 am]
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