[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)]
[Notices]
[Pages 57866-57867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28748]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders During the Week of 
September 16 Through September 20, 1996

    During the week of September 16 through September 20, 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, 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 30, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 990

Week of September 16 Through September 20, 1996

Appeals

FOIA Group Inc., 9/18/96, VFA-0208

    FOIA Group, Inc. (Appellant) filed an Appeal of a Determination 
issued to it by the Department of Energy (DOE) in response to a request 
under the Freedom of Information Act. In the Determination, DOE's 
Schenectady Naval Reactors Office stated it could not locate any 
documents responsive to the Appellant's request. Upon investigation, 
and clarification of the Appellant's inaccurate description of the 
requested documents, the OHA located the requested documents as being 
under the jurisdiction of Richland Operations Office (DOE/RL). 
Accordingly, the DOE granted the Appeal and directed the matter to DOE/
RL for further action.

James D. Hunsberger, 9/20/96, VFA-0206

    James D. Hunsberger filed an Appeal from a determination issued to 
him by the Office of Human Experiments of the Department of Energy 
(DOE) in response to a Request for Information submitted under the 
Freedom of Information Act (FOIA). Mr. Hunsberger had filed a lengthy 
FOIA request seeking information in DOE files concerning human 
radiation experiments in general and on any experiments which may have 
been performed on him in particular. He also sought information on 
intra- and inter-governmental sharing of human experiment data and on 
other related matters. In considering the Appeal, the DOE determined 
that the Office of Human Experiments had performed an adequate search. 
The DOE also found, however, that other parts of the Department might 
contain responsive records. The DOE also determined that parts of the 
request were so vague or broad that they could not form the basis of a 
reasonable search. Accordingly, the Appeal was denied in part, granted 
in part, and remanded to the Freedom of Information and Privacy Group 
of the DOE Executive Secretariat to determine which parts of Mr. 
Hunsberger's request could form the basis for a reasonable search, 
whether the agency might have responsive documents, and the appropriate 
place(s) to search for documents.

Malcolm Parvey, 9/17/96, VFA-0205

    The DOE's Office of Hearings and Appeals (OHA) issued a 
determination denying a Freedom of Information Act (FOIA) Appeal filed 
by Malcolm Parvey (Parvey). Parvey appealed the Western Area Power 
Administration's (WAPA) assessment of fees. OHA found that the fees 
were properly assessed.

Refund Application

Navy Resale and Services Support Office, 9/16/95, RF272-31780

    The DOE issued a Decision and Order concerning an Application for 
Refund filed in the crude oil special refund proceeding. The Navy 
Resale and Services Support Office (NAVRESSO) applied for a refund 
based upon its purchases of motor gasoline which it then resold to 
military personnel and their dependents. In support of its application, 
NAVRESSO asserted that all profits from its operations were funneled 
into a morale, welfare and recreation fund (MWR Fund) which supports 
programs for members of the military and their dependents. Thus, 
NAVRESSO argued that it was economically inseparable from its customers 
and it should therefore be considered an end-user. NAVRESSO also argued 
that it should be granted a refund because it would funnel any refund 
it receives back to its customers through the MWR Fund. The DOE found 
that NAVRESSO was a retailer and that there was not such an identity of 
interest between NAVRESSO, the MWR Fund and the purchasers of 
NAVRESSO's gasoline to justify treating NAVRESSO as an end-user. 
Further, the DOE found that giving NAVRESSO a refund and having it 
distribute the refund through the MWR Fund would

[[Page 57867]]

not constitute sufficient restitution to the individuals actually 
injured by the overcharges. Because the DOE determined that NAVRESSO 
was not injured by the overcharges and that a refund to it would not 
provide restitution to injured persons, NAVRESSO's application was 
denied.

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.

Cascade Aggregates, Inc. et al...  RK272-00432.............     09/17/96
City of Hayward..................  RF272-69291.............     09/16/96
James Hagan; Thomas Hagan........  RJ272-19, RJ272-20......     09/17/96
Lasalle Farmers Grain Co. et al..  RG272-631...............     09/16/96
Telleri Trucking Co. et al.......  RG272-00544.............     09/18/96
                                                                        

Dismissals

    The following submissions were dismissed:

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                      Name                               Case No.       
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Dorchester Cooperative.........................  RG272-670              
Jack Daniel Distillery.........................  RG272-848              
Maywood Cooperative Association................  RF272-76889            
Scandinavia Cooperative Produce Company........  RG272-585              
Western Stone Products.........................  RR272-244              
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[FR Doc. 96-28748 Filed 11-7-96; 8:45 am]
BILLING CODE 6450-01-P