[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

    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 revealed illegal 
use of methamphetamine, cocaine and marijuana. On this basis, DOE/OK 
also invoked 10 CFR Sec. 710.8(1), finding that by use of the drugs the 
individual had

[[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