[Federal Register Volume 61, Number 201 (Wednesday, October 16, 1996)]
[Notices]
[Pages 53917-53918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26424]


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DEPARTMENT OF ENERGY

Issuance of Decisions and Orders; Week of August 12 Through 
August 16, 1996

    During the week of August 12 through August 16, 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, 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: October 7, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 985

Appeal

Greenpeace, 8/12/96, VFA-0186

    The Department of Energy denied a Freedom of Information Act Appeal 
that was filed by Greenpeace. In its Appeal, Greenpeace sought the 
release of transcripts of certain electronic mail communications. In 
the decision, the DOE found that the transcripts were properly withheld 
under Exemption 5.

Refund Application

Midwest Specialized Transportation, Inc., 8/14/96, RF272-97965

    The DOE denied an Application for Refund filed on behalf of Midwest 
Specialized Transportation, Inc. (MST) in the crude oil refund 
proceeding. Prior to the filing of MST's Application, MST had applied 
for a refund in the Surface Transporters proceeding. After MST informed 
the DOE in 1987 that MST's owner-operators had purchased more than 99 
percent of the fuel used in MST's surface transportation activities, 
and MST had itself purchased less than 250,000 gallons, the DOE found 
MST

[[Page 53918]]

ineligible for a Surface Transporters refund. In MST's 1994 Subpart V 
crude oil refund, the applicant claimed that it, not its owner/
operators, purchased 2,298,915 gallons of refined petroleum products. 
In its decision, the DOE determined that because MST had now proved 
that it bought more than 250,000 gallons, it had been eligible for a 
Surface Transporters refund. Thus, the applicant's Stripper Well waiver 
was effective, and the DOE denied MST's Subpart V refund application. 
Further, the DOE could not reopen the Surface Transporters proceeding, 
as the proceeding closed years ago, and the applicant failed to present 
any adequate reason for failing to submit a timely Motion for 
Reconsideration in that earlier proceeding.

Dismissals

    The following submissions were dismissed:

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                  Name                               Case No.           
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BROOKS SCANLON, INC.....................  RF272-97995                   
CITY OF RICHARDSON......................  RF272-95234                   
ROCKY FLATS FIELD OFFICE................  VSO-0105                      
SOUTHLAND POWER CONSTRUCTORS............  RF272-77584                   
TRAP ROCK INDUSTRIES, INC...............  RF272-95254                   
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[FR Doc. 96-26424 Filed 10-15-96; 8:45 am]
BILLING CODE 6450-01-P