[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Pages 51281-51282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25063]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals Week of April 22 Through April 26, 1996


Notice of Issuance of Decisions and Orders

    During the week of April 22 through April 26, 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. 969

Personnel Security Hearings

Oakland Operations Office, 4/25/96, VSO-0078

    An OHA Hearing Officer issued an opinion concerning the continued 
eligibility of an individual for access authorization under 10 CFR Part 
710. The Oakland Operations Office (OOA) had suspended the individual's 
access authorization based on its finding that the individual had 
turned in a forged firearms credential in order to avoid disciplinary 
action for a lost credential. The Hearing Officer found the individual 
had not demonstrated that someone else had forged the credential. 
Accordingly, the Hearing Officer found that the individual's access 
authorization should not be restored.

Rocky Flats Field Office, 4/24/96, VSO-0076

    A 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. The Hearing 
Officer found that the individual had been diagnosed by a board-
certified psychiatrist as suffering from alcohol abuse, and had not 
been rehabilitated. Given the above findings, the Hearing Officer found 
that the individual's access authorization should not be restored.

Pittsburgh Naval Reactor Office, 4/22/96, VSO-0082

    A Hearing Officer recommended that access authorization not be 
restored to an employee whose access was suspended due to mental 
illness. The Hearing Officer found that the mental illness caused a 
defect in the employee's judgment and reliability that was not 
mitigated by the fact that the employee took medication for the 
illness.

Request for Exception

Pierce Oil Company, 4/26/96, LEE-0163

    Pierce Oil Company filed an Application for Exception from the 
requirement that it file Form EIA-782B, the ``Reseller/Retailer's 
Monthly Petroleum Product Sales Report.'' The DOE found that the firm 
was not affected by the reporting requirement in a manner different 
from other similar firms, and consequently was not experiencing a 
special hardship, inequity, or unfair distribution of burdens. 
Accordingly, the firm's Application for Exception was denied.

Refund Applications

Congress Financial Corp., 4/22/96, RK272-03234

    Congress Financial Corporation submitted an Application for 
Supplemental Refund on behalf of Service Control Corporation (SCC), 
which filed for bankruptcy in 1993. Congress submitted the Application 
as a creditor of SCC which had been assigned certain assets of SCC per 
order of the bankruptcy court. Because the right to receive refund 
monies due to SCC was not specifically transferred by the bankruptcy 
court to Congress, the DOE determined that it was unable to issue the 
refund check directly to Congress. However, in consultation with the 
bankruptcy trustee and the representative at Congress, the DOE 
determined that the refund check could be issued directly to the 
trustee to act in accordance with the directives of the bankruptcy 
court.

Continental Steel, 4/23/96, RF272-77619

    The DOE denied a refund to Continental Steel Corporation in the 
crude oil refund proceeding. The DOE found that the estimation 
technique used by Continental's representative, LK, Inc., was 
unreasonable. LK's estimate was based on comparing Continental's total 
revenues during 1981 with the total revenues of other steel companies 
that have received refunds in this proceeding. Since Continental failed 
to effectively support its gallonage estimate, the DOE denied its 
Application for Refund.

Amerbelle Corporation, 4/26/96, RR272-00237

    The DOE granted a Motion for Reconsideration filed by Amerbelle 
Corporation in the DOE's Subpart V crude oil overcharge refund 
proceeding. In its Motion, Amerbelle contended that it had never 
received an April 1989 supplemental refund check, and the firm 
requested that the DOE reissue the check. The DOE found that the check

[[Page 51282]]

had been cancelled when it was not negotiated within the applicable 
time limit, and at that time, the U.S. Treasury did not recredit the 
crude oil overcharge refund accounts with the amount of cancelled 
checks. The DOE determined that it should order issuance of a second 
check, citing the lack of any evidence that the firm had received the 
check or that the firm was negligent in any way, and the de minimis 
impact on other crude oil overcharge refund recipients.

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.

HATMAKER COAL CO. ET AL..................................  RF272-86581                                  04/23/96
INTERNATIONAL AVIATION...................................  RF272-98123                                  04/25/96
MOHASCO CARPET CORP......................................  RR272-208                                    04/22/96
MOHAWK COMMERCIAL CARPET.................................  RR272-209                                            
MOHASCO CARPET CORP......................................  RR272-210                                            
NORSE MANAGEMENT CO. ET AL...............................  RF272-74950                                  04/24/96
NORSE MANAGEMENT CO......................................  RD272-74950                                          
ROCKYDALE STONE SERVICE CORPORATION......................  RF272-77528                                  04/24/96
THE VALSPAR CORPORATION..................................  RF272-94295                                  04/25/96
TONKA PRODUCTS DIVISION OF TONKA CORP....................  RR272-236                                    04/22/96
WALLS & COKER, INC. ET AL................................  RF272-77328                                  04/26/96
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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A.K. KAUSHAL.................................  VFA-0150                 
AIR VEGAS, INC...............................  RF272-98005              
AIRMARK CORPORATION..........................  RF272-98724              
BRIGGS AND TILLMAN, INC......................  VEE-0015                 
BYNUM BROTHERS, INC..........................  RF272-89107              
CITY OF DE PERE, WISCONSIN...................  RF272-88970              
CITY OF JEFFERSON............................  RF272-78440              
LAKEWOOD OIL COMPANY, INC....................  VEE-0012                 
MILLER CO. BOARD OF EDUCATION................  RF272-92678              
MOUNT PLEASANT VILLAGE.......................  RF272-67886              
ROBERTS OIL COMPANY..........................  RR300-221                
RUSSELL FORGEY CONSTRUCTION COMPANY..........  RF272-68556              
UNION CARBIDE CORP...........................  RF345-36                 
WHOLESALE FUELS, INC.........................  VEE-0014                 
WILLIAM H. PAYNE.............................  VFA-0151                 
WOODBRIDGE DEVELOPMENT CENTER................  RF272-67052              
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[FR Doc. 96-25063 Filed 9-30-96; 8:45 am]
BILLING CODE 6450-01-P