[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Notices]
[Pages 54193-54194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26598]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Issuance of Decisions and Orders; Week of July 10 Through July 
14, 1995

    During the week of July 10 through July 14, 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, 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: October 7, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 928

Week of July 10 Through July 14, 1995

Appeals

Albuquerque Journal, 7/11/95, LFA-0182

    The Albuquerque Journal filed an appeal from a denial by the Office 
of Arms Control and Nonproliferation Technology Support of a request 
for information that it submitted under the Freedom of Information Act 
(FOIA). In considering the Appeal, the DOE found that the initial 
determination did not consider all responsive documents. Accordingly, 
the Appeal was granted in part and the matter was remanded for a new 
determination regarding additional responsive material.

Murray, Jacobs & Abel, 7/11/95, VFA-0050

    Murray, Jacobs & Abel appealed the Inspector General's denial of 
its request for documents pertaining to an ongoing investigation into 
allegations that Technology Management Services, Inc., a government 
contractor, engaged in improper activities. The Office of the Inspector 
General had withheld the information under Exemption 7(A). In 
considering the Appeal, the DOE found that the OIG's determination did 
not contain sufficient specificity in its explanation for withholding 
the requested documents under Exemption 7(A) and the case was remanded 
for a new determination.

Interlocutory Order

Benton County, Washington, 7/11/95, VPZ-0002

    Benton County, Washington filed a Motion to Strike certain portions 
of a post-hearing brief filed by the Department of Energy DOE Richland 
Operations Office (DOE/RL). The contested portions of the brief 
contained citations to the discovery depositions of four major Benton 
County witnesses who testified during the January 1995 hearing on the 
county's appeal of the amount of Payments-Equal-To-Taxes (PETT) it 
would receive under the Nuclear Waste Policy Act of 1982 for site 
characterization at the Basalt Wast Isolation project on the Hanford 
reservation. DOE/RL alleged that all depositions were a part of the 
evidentiary record of the proceeding, and requested that the deposition 
of the Benton County Assessor be considered that of a party pursuant to 
Fed. R. Civ. P. 32(a)(2). OHA granted the motion in part. The parties 
held supplemental telephone hearings to properly enter the contested 
references into the record. DOE/RL was given an opportunity to submit 
an amended post-hearing brief to incorporate the new materials 
generated in the supplemental telephone hearings. OHA ruled that the 
discovery depositions at issue were not part of the evidentiary record, 
and denied the requests to admit the Assessor's deposition under Rule 
32.

Refund Applications

Allegheny Power Service Corporation, 7/14/95, RF272-97910

    The DOE issued a Decision and Order concerning an Application for 
Refund in the Subpart V crude oil overcharge refund proceeding filed by 
the Allegheny Power Service Corporation. The DOE determined that the 
Allegheny Power Service Corporation was not entitled to a crude oil 
refund since it had filed a Utilities Escrow Settlement Claim Form and 
Waiver, thereby waiving its right to a Subpart V crude oil refund. 
Accordingly, the Application for Refund was denied.

Texaco Inc./Jimco Truck Plaza, 7/14/95, RF321-21065

    The Department of Energy granted a refund to Jimco Truck Plaza in 
the Texaco refund proceeding despite the fact that Jimco did not inform 
the OHA that its bankruptcy proceeding was still pending at the time 
that the application was filed. The DOE determined that Mildred 
Pumphrey, who signed the application, did not know at that time that 
the bankruptcy proceeding involving her late husband's company was 
still pending. Furthermore, it appeared from the record that all of 
Jimco's creditors had been satisfied. The Decision also concerned the 
proper distribution of the refund among the members of the Pumphrey 
family.

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.

Atlantic Richfield Company/B & N Arco et al..............  RF304-13748                                  07/11/95
C.M. Caraway & Sons, Inc. et al..........................  RF272-94129                                  07/10/95
Columbia LNG Corporation.................................  RF272-97572                                  07/11/95
Crude Oil Supplemental Refund Distribution...............  RB272-11                                     07/10/95
Crude Oil Supplemental Refund Distribution...............  RB272-7                                      07/11/95
Crude Oil Supplemental Refund Distribution...............  RB272-15                                     07/14/95
Crude Oil Supplemental Refund Distribution...............  RB272-22                                     07/14/95
Crude Oil Supplemntaal Refund Distribution...............  RB272-13                                     07/14/95
Farmers Union Oil Co. et al..............................  RF272-86748                                  07/11/95
Gardner Asphalt Corporation..............................  RF272-94635                                  07/10/95
Texaco Inc./Clem's Texaco Gasoline Mart & Service et al..  RF321-20283                                  07/14/95
Texaco Inc./Cullum's Texaco..............................  RF321-21076                                  07/14/95
Texaco Inc./Energy Delivery Systems, Inc.................  RF321-10872                                  07/14/95
Texfi Industries, Inc. et al.............................  RF272-77338                                  07/14/95
                                                                                                                


[[Page 54194]]

Dismissals

    The following submissions were dismissed:

------------------------------------------------------------------------
                     Name                               Case No.        
------------------------------------------------------------------------
Ideal Fuel Company...........................  RF321-14143              
Johnston Burane Company......................  RF304-14155              
K-Mechanical Services, Inc...................  RF272-94211              
Munia A. Malik...............................  VFA-0057                 
Olmsted County, MN...........................  RF272-89078              
R and G Services Ltd.........................  RF321-14154              
Suffolk County, NY...........................  RF272-86594              
------------------------------------------------------------------------

[FR Doc. 96-26598 Filed 10-16-96; 8:45 am]
BILLING CODE 6450-01-P