[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Notices]
[Pages 54194-54195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26599]


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DEPARTMENT OF ENERGY

Issuance of Decisions and Orders; Week of February 19 Through 
February 23, 1996

    During the week of February 19 through February 23, 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. 960

Week of February 19 Through February 23, 1996

Appeals

Archie M. LeGrand, Jr., 2/20/96, VFA-0120

    Archie M. LeGrand, Jr., filed an Appeal from a determination by the 
Department of Energy's FOIA/Privacy Act Division (FOIA Division). Mr. 
LeGrand sought records of investigations conducted regarding his 
suitability for a security clearance. The FOIA Division stated that a 
search of the records in the DOE's Office of Safeguards and Security 
and the Savannah River Operations Office was conducted and no records 
were found responsive to the request. In his Appeal, Mr. LeGrand argued 
that the DOE conducted an inadequate search for records. In considering 
the Appeal, the DOE found that because Mr. LeGrand's employment at the 
Savannah River Site ended over 25 years ago, any security clearance 
records maintained regarding Mr. LeGrand would no longer exist. Under 
these circumstances, the DOE concluded that a search of a microfiche 
index of all DOE and DOE contractor employees who had held security 
clearances in the past was an adequate search reasonably calculated to 
discover documents responsive to Mr. LeGrand's request. Accordingly, 
the Appeal was denied.

Eugene Maples, 2/23/96, VFA-0122

    Eugene Maples (Maples) filed an Appeal from a determination issued 
to him by the Department of Energy's Office of the Inspector General 
(OIG) in response to a request for information submitted by him under 
the Freedom of Information Act (FOIA). Maples sought a copy of a final 
report issued by the OIG which summarized an investigation into the 
misuse of oil overcharge funds by the State of South Carolina conducted 
by the Savannah River Site during 1993-94. The OIG issued a 
determination denying Maples request in its entirety pursuant to 
Exemption 7(A). The OIG stated that it had not reached a final 
resolution of the investigation; therefore, release could prematurely 
disclose enforcement efforts and interfere with its ongoing 
investigation. In considering the Appeal, the Office of Hearings and 
Appeals found that release of the final report could interfere with the 
investigation. The Office of Hearings and Appeals concluded that the 
OIG properly applied Exemption 7(A) to the responsive document. 
Therefore, the Department of Energy denied Maples' Appeal.

Refund Applications

George, Victor & Bernard Didinsky, 2/21/96, RJ272-6

    This Supplemental Order modifies a supplemental crude oil 
overcharge refund granted to Fallsburg Bottling Works, Inc. The 
applicant submitted evidence that the corporation had been dissolved in 
1988 and requested that the supplemental refund be issued to the 
successor partnership that had been formed by the three equal 
shareholders of the corporation. The request was approved and the DOE 
directed that a new refund check be issued to the partnership.

Texaco Inc./Chain Oil Co., 2/21/96, RR321-194

    The Department of Energy issued a Decision and Order denying a 
Motion for Reconsideration filed by Chain Oil Co. (Chain) and its 
owner, Donald Foster in the Texaco refund proceeding. The Motion was 
denied because Mr. Foster had again failed to demonstrate that his 
acquisition of Chain included Chain's right to the refund.

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.

Bemis Company, Inc.......................................  RF272-17760                                  02/21/96
                                                           RF272-20188                                          
                                                           RD272-17760                                          
                                                           RD272-20188                                          
Davis Trucking Company et al.............................  RK272-2252                                   02/21/96
Syar Industries, Inc. et al..............................  RF272-73595                                  02/21/96

[[Page 54195]]

                                                                                                                
Syar Industries, Inc.....................................  RD272-73599                                          
                                                                                                                

Dismissals

    The following submissions were dismissed:

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                     Name                               Case No.        
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Richland Operations Office...................  VSO-0053                 
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[FR Doc. 96-26599 Filed 10-16-96; 8:45 am]
BILLING CODE 6450-01-P