[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Notices]
[Pages 3676-3677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1729]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders; Week of October 28 
Through November 1, 1996

    During the week of October 28 through November 1, 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: January 16, 1997.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 5--Week of October 28 Through November 1, 1996

Appeals

Action and Associates, Inc., 10/28/96, VFA-0224

    Action and Associates, Inc. (Action) filed an Appeal from a 
determination issued to it by the DOE's Savannah River Operations 
Office (DOE/SR). In its Appeal, Action asserted that DOE/SR did not 
conduct an adequate search for records that Action had requested 
pursuant to the FOIA. Action also challenged the amount it was charged 
for the documents it obtained pursuant to its FOIA Request. The DOE 
determined that DOE/SR had conducted an adequate search for records and 
that its assessment of fees was appropriate and reasonable. 
Consequently, Action's Appeal was denied.

Harold Bibeau, 10/28/96, VFA-0223

    Harold Bibeau filed an Appeal from a denial issued to him by the 
DOE's Office of Human Radiation Experiments (OHRE) of a Request for 
Information which he had submitted under the Freedom of Information Act 
(FOIA). In considering the Appeal, the DOE found that OHRE had 
conducted a search reasonably calculated to find the requested 
information, and that all responsive documents had been released to Mr. 
Bibeau. However, in his Appeal, Mr. Bibeau expanded his original 
request. OHRE agreed to do a new search for the newly-requested 
documents. Therefore, the Appeal was denied.

Malcolm Parvey, 11/1/96, VFA-0225

    Malcolm Parvey filed a Motion for Reconsideration of a Decision and 
Order which denied his Appeal of two determinations by the Western Area 
Power Administration (WAPA) under the Freedom of Information Act 
(FOIA). In those determinations, WAPA released some information to Mr. 
Parvey and charged him a total fee of $96.25. Mr. Parvey's Motion 
reiterates the arguments made in his original Appeal. Because Mr. 
Parvey did not present any new evidence or arguments, the DOE denied 
his Motion for Reconsideration.

Personnel Security Review

Oakland Operations Office, 10/28/96, VSA-0088

    The DOE's Office of Safeguards and Security (OSS) filed a Request 
for Review of a DOE Hearing Officer's recommendation to restore the 
access authorization of an individual. The individual's access 
authorization was suspended upon receipt of information indicating the 
individual had tested positive for the presence of marijuana. The 
Hearing Officer found that the individual had mitigated DOE security 
concerns through his explanation that his marijuana use was limited and 
through his participation in a drug rehabilitation program. In 
considering the OSS Request for Review, the Director of the Office of 
Hearings and Appeals found that the Hearing Officer did not have 
sufficient evidence before him to support the finding that the 
individual's use of marijuana was limited. The Director noted that the 
individual failed to provide any evidence to corroborate the 
circumstances surrounding his marijuana use. The Director found that 
since the Hearing Officer's conclusions concerning rehabilitation were 
premised on limited marijuana use, these conclusions could not be 
sustained. Accordingly, the Director recommended that the individual's 
access authorization not be restored.

Refund Applications

Good Hope Refineries/Ashland Company, 10/30/96, RF339-6

    Ashland Petroleum Company filed an Application for Refund in the 
Good Hope Refineries II Refund Proceeding. The DOE denied Ashland's 
application after finding that Ashland had failed to establish injury 
by rebutting the spot purchaser presumption.

Tajon, Inc., 11/01/96, RR272-229

    The DOE considered a Motion for Reconsideration filed by Tajon, 
Inc. in the crude oil overcharge refund proceeding. In that Motion, 
Tajon argued that the DOE had improperly rescinded a prior crude oil 
overcharge refund granted to the firm. The prior refund was rescinded 
because Tajon had submitted a waiver of its rights to receive such a 
refund in connection with filing a refund claim in the Surface 
Transporters refund proceeding. In the Motion, Tajon contended that the 
waiver should not be considered valid because (a) gallonage information 
accompanying the claim was incomplete and (b) the required notarization 
was not made. However, in reviewing the waiver, the DOE found that the 
specification of gallonage was adequate, even if not fully 
corroborated, and that an affirmation by the firm's attorney had been 
substituted for the notarization. In view of these findings the DOE 
determined that the waiver should be considered effective, and that the 
Motion for Reconsideration should be 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.                                                          
ASPHALT PRODUCTS CORP..................................  RF272-69293                                     11/1/96

[[Page 3677]]

                                                                                                                
ASPHALT PRODUCTS CORP..................................  RD272-69293                              ..............
CENTRAL PETROLEUM CO...................................  RF272-95128                                    10/31/96
FARMERS UNION CO-OP GIN................................  RF272-95146                              ..............
CRUDE OIL SUPPLE REF DIST..............................  RB272-00090                                    10/30/96
CRUDE OIL SUPPLE REF DIST..............................  RB272-00091                                    10/30/96
KENNY LARSON OIL/D&A PUMP & SUPPLY.....................  RF356-1                                        10/31/96
PORTLAND GENERAL ELECTRIC..............................  RF356-3                                  ..............
SCHULZ SAMITARY SERVICE................................  RF356-2                                  ..............
MUELLER INDUSTRIES, INC................................  RC272-00352                                    10/30/96
REIMER EXPRESS LINES, LTD. ET AL.......................  RG272-00500                                     11/1/96
SOUTHWEST COCA-COLA BOTTLING, INC......................  RF272-95148                                    10/28/96
STROH BREWERY CO.......................................  RK272-03550                                    10/30/96
F & M SCHAEFER BREWING CO..............................  RC272-00357                              ..............
F & M SCHAEFER BREWING CO..............................  RK272-03551                              ..............
JOS. SCCHLITZ BREWING CO...............................  RK272-03552                              ..............
TRANS-MEDITERRANEAN AIR WAYS...........................  RG272-616                                       11/1/96
ROGERS TEXACO SVC. STA.................................  RF272-89303                              ..............
UNION DE TRANSPORTS AERIENS ET AL......................  RK272-03493                                    10/28/96
WALTER RAMSEY ET AL....................................  RK272-01546                                    10/30/96
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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ALLIED TOWING CORPORATION....................  RF272-91917              
APEA GAS STATION.............................  RF300-15288              
DIVERSIFIED AMSRIEA, INC.....................  RK272-03254              
FAIRMONT COOPERATIVE ASSOCIATION.............  RG272-496                
FOIA GROUP, INC..............................  VFA-0234                 
FOOTE & DAVIES TRANSPORT.....................  RK272-03537              
KAREN COLEMAN WILTSHIRE......................  VFA-0225                 
OIL CHEM, INC................................  RF272-97444              
ZOGLEMAN ENTERPRISES.........................  RF272-95108              
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[FR Doc. 97-1729 Filed 1-23-97; 8:45 am]
BILLING CODE 6450-01-P