[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Notices]
[Pages 54190-54191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26596]


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DEPARTMENT OF ENERGY

Issuance of Decisions and Orders; Week of October 30 Through 
November 3, 1995

    During the week of October 30 through November 3 1995, 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. 944

Week of October 30 Through November 3, 1995

Appeal

William M. Arkin, 10/30/95 VFA-0089

    William M. Arkin filed an Appeal under the Freedom of Information 
Act of a determination issued to him by the Albuquerque Operations 
Office. Arkin had requested information concerning ``blinding, 
dazzling, or stunning laser related counter electro-optics weapons.'' 
On Appeal, Arkin took issue with the DOE's claim that no responsive 
documents existed, noting that several articles concerning DOE's 
activities in this area had appeared in the media. The DOE found that 
Albuquerque had failed to adequately respond to Arkin's request and, 
therefore, remanded the matter for further action.

Personnel Security Hearing

Rocky Flats Field Office, 11/1/95 VSO-0043

    A Hearing Officer of the Office of Hearings and Appeals issued an 
opinion concerning the continued eligibility of an individual for 
access authorization under 10 C.F.R. Part 710. The Hearing Officer 
found that the derogatory information presented with respect to the 
individual's alleged marijuana use was insufficient to raise a 
substantial doubt concerning the veracity of the individual's repeated 
denials that he ever used illegal drugs. However, the Hearing Officer 
found that the information presented regarding the individual's alcohol 
abuse was sufficient to support a denial of access authorization 
pursuant to 10 C.F.R. Sec. 710.8(j). The Hearing Officer also found 
that the individual failed to present sufficient evidence of 
rehabilitation or reformation to mitigate this derogatory information. 
Accordingly, the Hearing Officer concluded that the individual's access 
authorization should not be restored.

Requests for Exception

C&B Warehouse, 11/3/95 VEE-0008

    C&B Warehouse 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.

Dixie Gas & Oil Co., 11/1/95 VEE-0009

    Dixie Gas & Oil Company filed an Application for Exception from the 
Energy Information Administration (EIA) requirement that it file Form 
EIA-782B, the ``Resellers'/Retailers' Monthly Petroleum Product Sales 
Report.'' The DOE found that the firm was suffering temporary hardship 
related to upgrading its computer system. Therefore, the firm was 
granted an exception relieving it of the requirement to submit Form 
EIA-782B between October 1995 and January 1996.

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:


Beaufort Transfer, Inc. et al............................  RF272-77717                                  11/03/95
Crude Oil Supple Ref Dist................................  RB272-57                                     11/01/95
Crude Oil Supple Refund Dist.............................  RB272-48                                     10/31/95
Gulf Oil Corporation/Jack's Gulf Service et al...........  RF300-21403                                  11/03/95
Gulf Oil Corporation/Perfect Fuel Co.....................  RF300-16945                                  11/01/95
Wiggins Grocery..........................................  RF300-16964                            ..............
Wiggins Gulf Service.....................................  RF300-16965                            ..............
H&L Pippin Farms et al...................................  RK272-1253                                   11/01/95
Hirsch Realty Management Corp............................  RF272-78605                                  11/01/95
Zumo Management..........................................  RF272-78616                            ..............
Iola E. Williams et al...................................  RK272-1501                                   11/01/95
Laurel Cooperative Assn. et al...........................  RF272-95101                                  10/31/95
Northern Neck Transfer, Inc..............................  RF272-95281                                  10/31/95
Schnuck Markets, Inc.....................................  RC272-324                                    11/03/95

[[Page 54191]]

                                                                                                                
Texaco Inc./Pecan Shoppe of Plant City...................  RF321-16233                                  11/01/95
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Branch Motor Express.........................  RF300-12741              
Cape Smythe Air Service......................  RF272-98003              
Dolcito Quarry Company, Inc..................  RK272-00246              
Netumar Lines................................  RF272-97896              
S.F. Transport, Inc..........................  RF272-97309              
Terminal Transportation, Inc.................  RF272-97334              
The National Security Archive................  VFA-0074                 
Western Electric Company.....................  RF300-21568              
York Shipping Corporation....................  RF272-97919              
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. 96-26596 Filed 10-16-96; 8:45 am]
BILLING CODE 6450-01-P