[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)]
[Notices]
[Pages 57867-57868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28749]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders During the Week of 
September 23 Through September 27, 1996

    During the week of September 23 through September 27, 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. 991

Week of September 23 Through September 27, 1996

Appeals

Dirk T. Hummer, 9/27/96, VFA-0209

    The Department of Energy issued a Decision and Order denying a 
Freedom of Information Act Appeal that was filed by Dirk T. Hummer. In 
his Appeal, Mr. Hummer contested a finding by the Richland Operations 
Office that the documents he requested were not ``agency records,'' and 
were therefore not subject to the FOIA. In the Decision, the DOE found 
that the documents in question were not ``agency records.'' Mr. 
Hummer's Appeal was therefore denied.

Local Union # 701, I.B.E.W., 9/27/96, VFA-0210

    Local Union #701, I.B.E.W. (IBEW) filed an Appeal from a 
determination issued to it on August 22, 1996, by the Department of 
Energy's Fermi Group. In that determination, the Fermi Group Manager 
stated that the payroll records sought by the IBEW are not the property 
of the Department of Energy. In considering the Appeal, the DOE 
confirmed that the records requested by the IBEW are not agency records 
subject to the FOIA. Accordingly, the DOE denied the IBEW Appeal.

Personnel Security Hearing

Rocky Flats Field Office, 9/23/96, VSO-0093

    An OHA Hearing Officer issued an opinion concerning the continued 
eligibility of an individual for access authorization under 10 C.F.R. 
Part 710, entitled, ``Criteria and Procedures for Determining 
Eligibility for Access Authorization to Classified Matter or Special 
Nuclear Material.'' The Rocky Flats Field Office (RFFO) had suspended 
the individual's access authorization based on security concerns 
arising from the individual's harrassment of a female coworker. The 
Hearing Officer found the individual had not produced evidence that 
would mitigate security concerns. Accordingly, the Hearing Officer 
found that the individual's access authorization should not be 
restored.

Refund Applications

Eason Oil Co./M&M Gas Company, 9/24/96, RF352-6, RF352-10 thru RF352-14

    The DOE issued a Decision and Order concerning a refund application 
that was submitted on behalf of the former partners of M&M Gas Company 
in the Eason Oil Company (Eason) special refund proceeding. The DOE 
found that M&M Gas Company was a retailer of Eason products that 
qualified for a refund under the 60% mid-range presumption of injury. 
The DOE granted M&M Gas Company a total refund of $40,662. The OHA 
determined that the original partners in the business, Max Miller and 
John Mahoney retained their right to the company's refund. Since both 
of these individuals are deceased, the OHA identified their respective 
successors in interest and divided the refund among those individuals.

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.

[[Page 57868]]



Crude Oil Supplemental Refund      RB272-87................     09/27/96
 Distribution.                                                          
Crude Oil Supplemental Refund      RB272-89................     09/27/96
 Distribution.                                                          
John Sexton Contractors Co.......  RK272-03854.............     09/24/96
Rock Road Companies, Inc., et al.  RK272-01370.............     09/27/96
                                                                        

Dismissals

    The following submissions were dismissed:

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                      Name                               Case No.       
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Almena Cooperative Association.................  RG272-600              
George O'Nale..................................  VFA-0216               
Paul T. Freier.................................  VF-0214                
Richmond County................................  RF272-98121            
State of New Hampshire.........................  RF272-98133            
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[FR Doc. 96-28749 Filed 11-7-96; 8:45 am]
BILLING CODE 6450-01-P