Federal Register, Volume 61 Issue 192 (Wednesday, October 2, 1996)

[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Notices]
[Pages 51443-51444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25181]

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DEPARTMENT OF ENERGY
Week of July 15 Through July 19, 1996

Notice of Issuance of Decisions and Orders by the Office of
Hearings and Appeals

During the week of July 15 through July 19, 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.

Dated: September 24, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 981

Appeals

Glen Milner, 7/16/96, VFA-0179

Glen Milner filed an Appeal from a determination issued to him by
the Freedom of Information Act/Privacy Division (FOI/PA) in response to
a request for information Mr. Milner submitted under the Freedom of
Information Act (FOIA). In that determination, FOI/PA stated that it
could not find the information Mr. Milner requested, regarding ``the
decision in 1992 to send specially fitted railcars to Russia to
transport nuclear weapons and the present use and condition of these
railcars.'' This was a copy of a request sent to the Albuquerque
Operations Office which was still processing the request. FOI/PA stated
that no documents were found responsive to Mr. Milner's request,
especially since no decision had been made in 1992 to send railcars to
Russia. Furthermore, any information about the railcars is located in
Albuquerque. Mr. Milner indicated in his Appeal that his was a broader
request than that stated in FOI/PA's determination. The DOE found that
the interpretation accorded his letter was reasonable. Accordingly, Mr.
Milner's Appeal was denied.

Personnel Security Hearings

Oakland Operations Office, 7/16/96, VSA-0078

The Director of the Office of Hearings and Appeals issued an
Opinion regarding the request for review by an individual of a Hearing
Officer's adverse decision regarding his eligibility for access
authorization under the provisions of 10 C.F.R. Part 710. The DOE had
claimed the individual had forged a 161-K credential, a document
permitting the carrying of a weapon on DOE property. After considering
the individual's arguments and the record, the Director found that: the
Hearing Officer had not imposed too high a burden of proof on the
individual, the Hearing Officer's finding regarding the individual's
evasiveness should be upheld, and despite the fact that the Hearing
Officer failed to consider some portions of the evidence supporting the
individual's case, the Hearing Officer had made a comprehensive, common
sense judgment. Accordingly, the Director recommended that the
individual's access authorization should not be reinstated.

Oakland Operations Office, 7/17/96, VSO-0088

Under the provisions set forth in 10 CFR Part 710, the Department
of Energy, Oakland Operations Office (DOE/OK) suspended an individual's
access authorization pending administrative review, based upon
derogatory information received by the DOE/OK which indicated illegal
use of marijuana by the individual. Following a hearing convened at the
request of the individual, the Office of Hearings and Appeals Hearing
Officer found in his Opinion that: (i) The individual's marijuana use
was not substantial and was in remission, (ii) the individual
successfully completed a viable drug treatment program, and (iii) the
individual documented a sufficient period of abstinence and provided
other evidence to support a showing of rehabilitation. Accordingly, the
Hearing Officer concluded in the Opinion that the individual's access
authorization should be restored.

Oakland Operations Office, 7/17/96, VSO-0089

[[Page 51444]]

violated a drug certification and that this constituted unusual conduct
tending to show he was not reliable or trustworthy. Following a hearing
convened at the request of the individual, the Office of Hearings and
Appeals Hearing Officer found in his Opinion that the individual had
become severely addicted to methamphetamine and, despite the
individual's candor and commendable recovery efforts since admitting
his drug use, he was far from being rehabilitated. The Hearing Officer
further disapproved the individual's assertion that he had not made a
knowing decision when he signed the Drug Certification. Accordingly,
the Hearing Officer concluded in the Opinion that individual's access
authorization should not be restored.

Refund Application

Gulf Oil Corp./Central Truck Lines, Inc., 7/17/96, RF300-20692

The DOE issued a Decision and Order, denying a refund application
filed on behalf of Central Truck Lines, Inc. (Central Truck) in the
Gulf Oil Corporation refund proceeding. The applicant, Allan Day
Musgrove, claimed the right to a refund as the owner of a dissolved
corporation which owned the parent of Central Truck. In the Decision
and Order, the DOE determined that the circumstances surrounding the
acquisition and subsequent dissolution of the corporations involved
indicated that Mr. Musgrove was not injured by the alleged Gulf
overcharges experienced by Central Truck. Accordingly, the DOE
determined that Mr. Musgrove was not entitled to a Gulf refund for
those alleged overcharges.

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.

BILLY J. TEMPLETON ET AL................................. RK272-02314 07/16/96
CRUDE OIL SUPPLE REF DIST................................ RB272-00084 07/15/96
CRUDE OIL SUPPLEMENTAL REFUND............................ RB272-85 07/19/96
FRED CARLSON COMPANY, INC. ET AL......................... RG272-00761 07/15/96
GULF OIL CORPORATION/FLOWERS BAKING CO. OF BIRMINGHAM.... RF300-16597 07/16/96
HOLSUM BAKERIES, INC..................................... RF300-16936
UNITED TRUCK & BUS SERVICE............................... RR300-00285
K.F. CROCKER TRANSPORTATION CO........................... RA272-69 07/19/96
K.F. CROCKER TRANSPORTATION CO........................... RA272-70
KERR-MCGEE COAL CORP..................................... RG272-291 07/16/96
LIN-MOUR OIL & GAS CO. ET AL............................. RK272-3334 07/19/96
OUR LADY OF THE MOST BLESSED SACRAMENT ET AL............. RK272-03174 07/15/96

Dismissals

The following submissions were dismissed:

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Name Case No.
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BUCHANAN OIL CORPORATION..................... LEE-0114
HOLLAND FUELS, INC........................... RF304-4871
KENNETH E. JONES, JR......................... RF300-13193
PHILLIP REED MORRISON........................ RF300-19921
PORETSKY MANAGEMENT, INC..................... RG272-504
SUNY COBBLESKILL............................. RF272-90186
SUPERIOR FORWARDING CO....................... RG272-558
THE CIRCLE K CORPORATION..................... RF272-98650
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[FR Doc. 96-25181 Filed 10-1-96; 8:45 am]
BILLING CODE 6450-01-P