[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Notices]
[Pages 3677-3678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1730]


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DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and Orders; Week of December 2 
Through December 6, 1996

    During the week of December 2 through December 6, 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. 10--Week of December 2 Through December 6, 1996

Appeals

Bechtel National, Inc., 12/6/96, VFA-0241

    The Department of Energy considered an appeal filed by Bechtel 
National, Inc., under the Freedom of Information Act (FOIA). Bechtel 
had sought copies of a contract from the Department's Richland 
Operations Office. Richland released part of the contract, but withheld 
part under Exemption 4 of the FOIA on the basis that the information 
withheld was ``proprietary'' to the contractor. On appeal, the 
Department found that a mere description of information as 
``proprietary'' is insufficient justification for withholding 
information under Exemption 4. Accordingly, the Department remanded the 
matter to Richland to either release the information or to provide an 
adequate justification for withholding it.

Burns Concrete, Inc., 12/6/96, VFA-0182

    The DOE granted in part an appeal of the withholding of documents 
submitted by a third party in connection with a construction project at 
a DOE laboratory. The DOE found that some of the information was 
properly withheld under Exemption 4, but remanded the request for 
release of non-exempt information.

Future Technology intelligence Report, 12/4/96, VFA-0232

    The Department of Energy (DOE) denied a Freedom of Information Act 
(FOIA) Appeal that was filed by Future Technology Intelligence Report 
(FTIR). In its Appeal, FTIR challenged the adequacy of a search for 
responsive documents that was conducted by the Oakland Operations 
Office. Specifically, FTIR claimed that it should have been provided 
with the notes upon which a report that it requested was based. The DOE 
found that the search for responsive documents was adequate. The DOE 
found that FTIR was provided a copy of the only document that it 
requested, i.e., the report itself. Furthermore, the OHA concluded that 
even if FTIR's initial request was broad enough to cover the notes, 
those notes, if they exist, are not in the possession of the DOE.

Personnel Security Hearing

Personnel Security Hearing, 12/3/96, VSO-0108

    An OHA Hearing Officer issued an opinion concerning the eligibility 
of an individual for access authorization

[[Page 3678]]

under 10 CFR Part 710. The DOE office responsible for determining such 
eligibility had issued a Notification Letter finding security concerns 
arising from a 10 year pattern of excessive indebtedness and 
delinquencies and from inaccuracies on DOE forms and in a Personnel 
Security Interview. The Hearing Officer found the individual had not 
mitigated the security concerns. Accordingly, the Hearing Officer did 
not recommend a grant of access authorization.

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.

APPLIED INDUSTRIALS MATERIALS CORP.....................  RF272-92329                                     12/6/96
GULF OIL CORPORATION/BUFFALO AREO. CORP./MILLER TABEK..  RR300-00275                                     12/6/96
GULF OIL CORPORATION/D.L. CHEAVES......................  RR300-00288                                     12/6/96
MONTGOMERY CNTY BOARD OF EDUCA.........................  RC272-322                                       12/6/96
MONTGOMERY CNTY BOARD OF EDUCA.........................  RJ272-4                                  ..............
MONTGOMERY CNTY BOARD OF EDUCA.........................  RK272-1105                               ..............
NEW YORK HOSPITAL......................................  RJ272-00032                                     12/3/96
                                                                                                                

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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BALAIR/CTA...................................  RG272-533                
IMPERIAL AIRLINES, INC.......................  RG272-428                
INDIANA DEPT. OF TRANSPORTATION..............  RG272-1017               
LIMESTONE CO.................................  RG272-541                
LORAIN COUNTY LANDMARK, INC..................  RG272-1021               
M C TRUCKING.................................  RG272-540                
MELVIN STONE CO..............................  RG272-539                
MUTUAL MATERIALS CO..........................  RG272-578                
PEORIA COUNTY SERVICE CO.....................  RG272-1022               
POWER RIG DRILLING CO........................  RG272-501                
SAN LUIS HILLS FARMS.........................  RG272-1005               
SUNRISE COOPERATIVE INC......................  RG272-1020               
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[FR Doc. 97-1730 Filed 1-23-97; 8:45 am]
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